Terms & Conditions

These Terms and Conditions ("Terms") govern your access to and use of the websites, web applications, mobile applications, Communities, and other products and services operated by Sportswise Global Inc. dba Breakthru ("Breakthru," "we," "us," or "our"), collectively, the "Services."

Please read these Terms carefully.

By creating an account, accessing a Breakthru Community, clicking to accept these Terms, or otherwise using the Services, you agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use the Services.

You must be at least 13 years old to use Breakthru. Individuals under 13 are not permitted to create an account or use the Services.

1. About Breakthru

Breakthru provides a technology platform that enables organizations to create and operate digital communities, programs, campaigns, missions, surveys, educational experiences, events, challenges, engagement programs, rewards, and other experiences.

Organizations using Breakthru may include businesses, nonprofits, educational institutions, government entities, political campaigns and organizations, advocacy organizations, health organizations, and other entities ("Customers").

A digital community, program, campaign, or similar experience operated by or on behalf of a Customer through Breakthru is referred to in these Terms as a "Community."

Breakthru provides the technology and services that enable Customers to operate Communities. Customers exercise significant control over their own Communities, including the content, questions, missions, programs, eligibility requirements, communications, and features they make available.

2. Eligibility and Age Requirements

You must be at least 13 years old to use the Services.

By creating an account or using the Services, you represent that you are at least 13 years old and that the information you provide regarding your age is accurate.

If we learn that an individual under 13 has created an account or used the Services, we may immediately suspend or terminate the account and take steps to delete associated personal information in accordance with our Privacy Policy and applicable law.

Certain features, including some reward or redemption features, may require additional age or identity verification.

Breakthru may use a third-party verification provider for this purpose. Additional information regarding age and identity verification is available in our Privacy Policy.

3. Your Account

You generally access Breakthru through a Community operated or sponsored by a Customer.

Each Community may require a separate account or separate login credentials. If you participate in Communities operated by multiple Customers, you may therefore have different login information for each Community.

You agree to:

• provide accurate and current account information;

• keep your login credentials confidential;

• not share your account with another person;

• promptly update information where appropriate;

• not impersonate another individual;

• not create an account using false or misleading information; and

• notify Breakthru if you believe your account has been accessed without authorization.

You are responsible for activity occurring through your account to the extent permitted by applicable law.

Breakthru may refuse registration, require additional verification, reset credentials, restrict account access, or cancel credentials that we reasonably believe are inappropriate, fraudulent, compromised, or being misused.

4. Communities

Customers determine many aspects of their Communities.

Depending on the Community, a Customer may:

• determine who may join;

• establish Community-specific rules;

• create missions, surveys, polls, quizzes, forms, and questions;

• publish or share content and links;

• create challenges or programs;

• determine eligibility for particular activities;

• communicate with Community members;

• organize events or opportunities;

• enable profiles, social features, messaging, comments, reactions, or sharing;

• offer rewards or incentives;

• review activity and submissions;

• moderate Community content;

• change or remove information;

• remove users from its Community; and

• suspend or terminate access to its Community.

Your participation in a particular Community may therefore also be subject to rules, notices, eligibility requirements, or instructions established by that Customer.

Customers may have the ability to access, correct, export, modify, or delete information associated with users participating in their Communities, as described in our Privacy Policy and subject to applicable law.

5. Public and Private Communities

Customers may operate Communities that are public, private, restricted, invitation-only, or otherwise limited.

Breakthru may make public Communities discoverable to users, including users participating in Communities operated by other Customers. This may include recommending, listing, displaying, or otherwise allowing users to discover public Communities and opportunities available through Breakthru.

The availability or discovery of a public Community does not automatically enroll you in that Community or provide the Customer operating that Community with information about you. Information may be provided to that Customer when you choose to join or interact with its Community, as described in our Privacy Policy.

Where a Customer has designated a Community as private, Breakthru will not intentionally make that Community publicly discoverable except as authorized by the Customer or as otherwise necessary to provide the Services.

6. Features of the Services

Breakthru may provide features that allow users to:

• create profiles;

• participate in Communities;

• complete missions and activities;

• answer surveys, polls, questionnaires, and quizzes;

• upload photographs, videos, files, or other materials;

• create posts or comments;

• send or receive messages;

• participate in chats or discussions;

• react to content;

• connect or share social profiles;

• share content or links;

• participate in events;

• refer or invite other individuals;

• participate in challenges or leaderboards;

• earn points, rewards, cash, gift cards, or other incentives;

• receive email, SMS, push, or other communications;

• connect with third-party services; and

• use other functionality that Breakthru may introduce.

Not every feature is available in every Community.

Breakthru may add, modify, suspend, restrict, or discontinue features at any time.

7. User Content

The Services may allow you to create, upload, submit, post, send, share, or otherwise make available information or materials, including profile information, photographs, videos, messages, posts, comments, survey responses, mission submissions, links, and other materials ("User Content").

As between you and Breakthru, you retain ownership of User Content that you own.

By providing User Content through the Services, you grant Breakthru a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, reproduce, process, analyze, modify, adapt, publish, display, distribute, transmit, and otherwise use your User Content as reasonably necessary or useful to:

• provide and operate the Services;

• provide the applicable Community;

• make User Content available to the applicable Customer or other users where appropriate;

• administer missions and programs;

• improve and develop Breakthru;

• analyze use of the Services;

• maintain, secure, and support the Services;

• create aggregated or de-identified information;

• exercise rights described in our Privacy Policy; and

• promote or market Breakthru and its Services, subject to applicable law and the marketing choices described in our Privacy Policy.

This license continues for as long as reasonably necessary for the purposes for which the User Content was provided and as otherwise permitted by our Privacy Policy and applicable law.

You may contact info@joinbreakthru.com if you do not want Breakthru to use your identifiable personal information, image, likeness, photographs, content, or submissions for Breakthru's promotional or marketing purposes, as described in our Privacy Policy.

Breakthru's rights to aggregated or de-identified information are not affected by such a marketing request.

8. Your Responsibilities for User Content

You represent that you have the rights necessary to provide User Content through the Services and to grant the rights described in these Terms.

You may not upload, post, share, or otherwise provide content that:

• violates another person's intellectual property or proprietary rights;

• violates another person's privacy or publicity rights;

• contains information you do not have the right to disclose;

• is fraudulent or intentionally deceptive;

• is unlawful;

• contains malicious software or code; or

• otherwise violates these Terms.

You are responsible for the User Content you choose to provide.

9. Information Visible to Customers and Other Users

Information you provide within a Community may be accessible to the Customer operating that Community.

Depending on the features and settings of a Community, some information may also be visible to other Community members, including your name, profile, photograph, social profiles, posts, messages, comments, or other User Content.

You should consider who may be able to see information before posting or sharing it.

Additional information about visibility, Customer access, and Breakthru's handling of information is provided in our Privacy Policy.

10. Acceptable Use

You may use the Services only for lawful purposes and in accordance with these Terms.

You may not use Breakthru to:

• harass, bully, stalk, intimidate, threaten, or abuse another person;

• promote hatred or unlawful discrimination;

• exploit, groom, sexually solicit, or endanger a minor;

• engage in inappropriate sexual interactions involving minors;

• post or distribute unlawful sexually explicit content;

• impersonate another person or organization;

• create fraudulent, deceptive, or misleading accounts;

• scam or defraud Breakthru, Customers, users, or third parties;

• manipulate missions, referrals, rewards, points, rankings, or eligibility;

• create duplicate or coordinated accounts for improper purposes;

• use bots, scripts, automation, or other means to improperly participate in activities or obtain rewards;

• scrape, harvest, collect, or extract information from the Services without authorization;

• obtain or attempt to obtain another user's credentials or private information;

• share another person's private information without authorization;

• interfere with or disrupt the Services;

• introduce viruses, malicious code, or harmful technology;

• attempt to gain unauthorized access to accounts, systems, or networks;

• reverse engineer, decompile, disassemble, or attempt to discover the source code, object code, underlying structure, algorithms, or non-public technology of the Services except where such restriction is prohibited by law;

• circumvent security, eligibility, verification, or access controls;

• infringe intellectual property rights;

• use the Services to facilitate illegal activity; or

• engage in conduct that Breakthru reasonably determines threatens the safety, integrity, security, or proper operation of the Services or its users.

Breakthru may investigate suspected violations and take action at its discretion.

11. Safety and Minors

Because Breakthru may be used by individuals between the ages of 13 and 17, we take inappropriate conduct involving minors seriously.

Users may not use Breakthru to exploit, groom, sexually solicit, threaten, harass, or otherwise endanger a minor.

Breakthru may remove content, restrict communication functionality, suspend accounts, preserve information where legally appropriate, or take other actions where we reasonably believe doing so is necessary to protect users.

Where appropriate or legally required, Breakthru may report suspected illegal conduct to law enforcement or other appropriate authorities.

12. Missions, Surveys, Activities, and Customer Content

Customers may use Breakthru to create missions, surveys, polls, educational content, questions, activities, challenges, events, links, or other experiences.

Unless expressly identified as Breakthru content, Customer-created content is provided by or on behalf of the applicable Customer.

Participation is voluntary unless otherwise expressly disclosed.

You should not participate in an activity that you reasonably believe is unsafe, unlawful, inappropriate, or inconsistent with instructions provided through the Services.

Breakthru does not guarantee the accuracy, completeness, suitability, availability, or outcome of Customer-created content or activities.

13. Rewards and Incentives

Some Communities may provide opportunities to earn points, cash, gift cards, prizes, or other rewards or incentives ("Rewards").

Rewards may be funded or sponsored by Breakthru, a Customer, or another party.

Unless Breakthru expressly states otherwise, points, credits, or similar units displayed through the Services do not constitute cash, stored value, property, or a financial account and have no cash value except when Breakthru expressly permits redemption for an available Reward.

Breakthru and, where applicable, the sponsoring Customer may establish eligibility criteria, completion requirements, redemption requirements, limits, expiration periods, and other conditions applicable to Rewards.

To protect the integrity of our programs, Breakthru may, to the extent permitted by law:

• verify eligibility;

• verify completion of an activity;

• require age or identity verification;

• establish redemption minimums or maximums;

• limit how often a Reward may be earned;

• change the value or availability of Rewards;

• substitute a Reward;

• establish expiration periods;

• reject or reverse Rewards obtained through fraud, manipulation, mistake, duplicate activity, or abuse;

• freeze Rewards while investigating suspected misconduct;

• require additional information before processing a Reward;

• withhold or delay payment where required by law or reasonably necessary to investigate eligibility;

• disqualify users who violate these Terms or applicable program rules; and

• modify, suspend, or discontinue a Reward program.

Reward decisions may involve information supplied by Customers or third parties.

Breakthru does not offer Rewards in exchange for voting, registering to vote, voting for or against a particular candidate or political party, or achieving a particular political or electoral outcome.

Where Breakthru supports civic or political engagement programs, Rewards may be associated with eligible educational, engagement, participation, or other lawful activities, but are not conditioned on an individual's vote, voter registration, political preference, or electoral outcome.

Users are responsible for any taxes or reporting obligations applicable to Rewards they receive.

14. Age and Identity Verification for Rewards

Certain Reward features may require verification that you satisfy applicable age, identity, eligibility, fraud-prevention, or other requirements.

Breakthru may use third-party verification providers for this purpose.

A provider may request a government-issued identification document, selfie, or other verification information. As explained in our Privacy Policy, government identification documents and verification selfies used for this process may be submitted directly to and processed by the verification provider rather than stored by Breakthru.

Failure to complete required verification may make you ineligible for certain Rewards or features.

Attempting to circumvent or falsify verification is a violation of these Terms.

15. Customer Control and Responsibility

Customers exercise significant control over their own Communities.

A Customer may establish eligibility criteria, Community rules, missions, questions, content, communications, events, opportunities, and other requirements.

Customers may also moderate their Communities, remove users, change or delete information associated with their Community, determine eligibility for Customer-created activities, and take other actions permitted by the Services.

Breakthru is not responsible for promises, representations, commitments, decisions, content, products, services, opportunities, or independent actions of a Customer except to the extent required by applicable law.

A Customer's use of information it receives from Breakthru may also be subject to that Customer's own privacy policies and legal obligations.

16. No Endorsement

Breakthru provides technology to organizations with different missions, perspectives, objectives, programs, and viewpoints.

The availability of a Customer, Community, mission, campaign, survey, health program, educational program, advocacy initiative, political organization, candidate, business, nonprofit, or other entity through Breakthru does not necessarily constitute Breakthru's endorsement of that entity, its views, its content, its products or services, or its activities.

Similarly, Breakthru's provision of technology or services to a political campaign, candidate, party, advocacy organization, or other Customer does not mean that Breakthru adopts or endorses every position or communication of that Customer.

17. No Professional Advice

Unless expressly stated otherwise, Breakthru provides technology and engagement services and does not provide medical, mental-health, legal, financial, investment, employment, educational, political, or other professional advice to users.

Content made available through a Community may be created by a Customer or other third party.

You should seek appropriate professional advice when making decisions requiring professional expertise.

If you believe you are experiencing an emergency, you should contact the appropriate emergency services rather than relying on Breakthru.

18. Communications

By using the Services, you may receive account, security, administrative, Reward-related, Community-related, or other service communications.

Where permitted by law, Breakthru or Customers may also send marketing or promotional communications.

Your choices concerning Breakthru marketing communications and Breakthru's use of identifiable information for marketing are described in our Privacy Policy.

You may opt out of Breakthru marketing communications as described there, but you may continue to receive necessary operational or transactional communications.

19. Privacy

Your privacy is important to us.

Our collection, use, disclosure, retention, and protection of personal information is described in the Breakthru Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you acknowledge that information will be handled as described in the Privacy Policy.

Customers may independently process information associated with their Communities. Their independent processing may also be governed by their own privacy policies, notices, and legal obligations.

20. Artificial Intelligence

Breakthru may use artificial intelligence, machine learning, automation, or AI-enabled service providers in connection with the Services.

For example, AI-enabled tools may assist Customers in creating missions, content, and Community experiences.

Breakthru may introduce additional AI-enabled functionality over time.

Your use of AI-enabled features remains subject to these Terms and our Privacy Policy.

AI-generated or AI-assisted content may contain errors and should not be assumed to be accurate, complete, or appropriate for every purpose.

21. Breakthru Intellectual Property

Breakthru and its licensors own and retain all right, title, and interest in and to the Services, including the underlying software, technology, designs, interfaces, functionality, algorithms, documentation, trademarks, logos, and intellectual property, together with improvements, enhancements, and modifications.

Except for the limited right to use the Services in accordance with these Terms, no rights or licenses in Breakthru's intellectual property are granted to you.

You may not copy, modify, distribute, sell, license, reverse engineer, create derivative works from, or otherwise exploit Breakthru's proprietary technology except as expressly permitted by Breakthru or applicable law.

22. Feedback

If you provide ideas, suggestions, recommendations, feedback, or other input concerning Breakthru or the Services ("Feedback"), you grant Breakthru the right to use, modify, commercialize, and incorporate that Feedback into our products and services without restriction or compensation to you.

You acknowledge that Breakthru may independently develop products, services, or features that are similar to ideas contained in Feedback.

23. Third-Party Services

The Services may contain links to, integrations with, or functionality provided by third-party websites, applications, payment providers, verification services, social platforms, or other services.

Breakthru does not control and is not responsible for third-party services, including their availability, content, security, terms, or privacy practices.

Your use of a third-party service may be governed by separate terms and privacy policies.

24. Suspension, Investigation, and Termination

Breakthru may investigate activity occurring through the Services.

To the extent permitted by applicable law, Breakthru may remove content, restrict features, freeze Rewards, suspend accounts, terminate accounts, restrict Community access, or take other appropriate action if we reasonably believe:

• you violated these Terms;

• you engaged in fraud or attempted fraud;

• you manipulated Rewards or activities;

• your activity creates a safety or security risk;

• your activity harms or may harm another user, Customer, Breakthru, or a third party;

• your account has been compromised;

• your use may violate applicable law;

• action is required by a Customer with respect to its Community;

• action is required by law or legal process; or

• restriction is reasonably necessary to protect the integrity or operation of the Services.

Where appropriate, Breakthru may act without advance notice.

Termination may result in loss of access to your account, Community, content, or Rewards, subject to applicable law and any rights expressly provided under applicable Reward terms.

You may request deletion of your personal information as described in our Privacy Policy.

25. Changes to the Services

Breakthru is continually developing the Services.

We may add, modify, replace, restrict, suspend, or discontinue features, Communities, functionality, content, Reward programs, or other aspects of the Services.

We do not guarantee that any particular feature, Customer Community, mission, opportunity, Reward, or functionality will remain available indefinitely.

26. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

BREAKTHRU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT INFORMATION PROVIDED THROUGH THE SERVICES WILL ALWAYS BE ACCURATE, COMPLETE, OR CURRENT.

BREAKTHRU DOES NOT GUARANTEE ANY PARTICULAR RESULT FROM USING THE SERVICES.

WITHOUT LIMITING THE FOREGOING, BREAKTHRU DOES NOT GUARANTEE:

• receipt of any particular Reward;

• any particular outcome from completing a mission or activity;

• admission to a school, program, event, or organization;

• employment, internships, or career opportunities;

• health or wellness outcomes;

• political or electoral outcomes;

• actions or outcomes promised by a Customer;

• accuracy of Customer-created content;

• availability of a Customer Community; or

• availability of any particular feature, opportunity, or Reward.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREAKTHRU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREAKTHRU AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, AND SUPPLIERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF DATA, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREAKTHRU WILL NOT BE RESPONSIBLE FOR:

• acts or omissions of Customers or other users;

• Customer-created content, missions, surveys, programs, or communications;

• third-party services;

• unauthorized access caused by circumstances outside Breakthru's reasonable control;

• loss or corruption of data;

• interruptions or unavailability;

• decisions you make based on information obtained through the Services; or

• matters beyond Breakthru's reasonable control.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BREAKTHRU'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PERSONALLY PAID TO BREAKTHRU FOR USE OF THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.

The limitations in this Section apply regardless of the theory of liability and whether Breakthru has been advised of the possibility of the damages.

Nothing in these Terms limits liability that cannot lawfully be limited or excluded.

28. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Breakthru and its affiliates, officers, directors, employees, representatives, contractors, service providers, and agents from claims, liabilities, damages, losses, and reasonable costs and expenses, including attorneys' fees, arising from or relating to:

• your violation of these Terms;

• your unlawful use of the Services;

• your User Content;

• your violation of another person's rights;

• fraud or manipulation involving your account; or

• your intentional misconduct.

This Section does not require you to indemnify Breakthru for conduct for which indemnification may not lawfully be required.

29. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except to the extent applicable law requires otherwise.

Any legal action or proceeding arising from these Terms that is not otherwise required to be brought in another jurisdiction by applicable law will be brought in a court of competent jurisdiction in Delaware.

Nothing in these Terms deprives you of protections that cannot be waived under applicable consumer law.

30. Changes to These Terms

Breakthru and the Services may evolve over time.

We may update these Terms to reflect changes to the Services, our business, legal requirements, security practices, or other operational considerations.

When we update these Terms, we will update the "Last Updated" date.

If we make material changes, we may provide additional notice where appropriate or required by law.

Where applicable law requires consent to updated Terms, we will obtain that consent.

31. Assignment

You may not assign or transfer your rights or obligations under these Terms without Breakthru's prior written consent.

Breakthru may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or otherwise as permitted by law.

32. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

33. No Waiver

Breakthru's failure to enforce a provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

34. No Agency or Employment Relationship

Your use of Breakthru does not create an employment, agency, partnership, joint venture, franchise, fiduciary, or other similar relationship between you and Breakthru.

Participation in a Customer Community also does not, by itself, create an employment or other legal relationship between you and that Customer.

35. Entire Agreement

These Terms, together with the Breakthru Privacy Policy and any additional terms expressly applicable to a particular Breakthru feature or program, constitute the agreement between you and Breakthru concerning your use of the Services.

Customer-specific rules may separately govern your participation in a particular Community.

If additional Breakthru terms expressly conflict with these Terms for a particular feature or program, those additional terms will control with respect to that feature or program.

36. Contact Us

Questions about these Terms may be sent to:

Sportswise Global Inc. dba Breakthru
Email: info@joinbreakthru.com