Terms of Service
Last Updated: January 10, 2026
Welcome to Senior Assassin! These Terms of Service ("Terms") govern your use of the Senior Assassin mobile application (the "App"), website (hxh.app), and any related services (collectively, the "Services") provided by Zinance Inc. ("we," "us," or "our").
1. Introduction & Acceptance
By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our Services. We may update these Terms from time to time, and your continued use of the Services after such changes constitutes your acceptance of the new Terms.
2. Eligibility
By creating an account or otherwise accessing or using the Services, you represent and warrant that:
- You are at least 13 years of age;
- If you are under the age of majority in your province or territory of residence, you have obtained the informed consent of your parent or legal guardian to use the Services and to agree to these Terms on your behalf;
- You are not a person who has previously been suspended, removed, or banned from the Services by Zinance Inc.;
- Your registration for and use of the Services complies with all applicable federal, provincial, and local laws and regulations; and
- All information you provide during registration is accurate, current, and complete.
Use of the Services may require compatibility with certain devices, and may be affected by the performance of those devices.
BY CONSENTING, AS A PARENT OR LEGAL GUARDIAN, TO YOUR CHILD'S OR WARD'S REGISTRATION FOR OR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN CONNECTION WITH SUCH CHILD'S OR WARD'S USE OF THE SERVICES. YOU FURTHER AGREE THAT YOU ARE RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR CHILD'S OR WARD'S ACCOUNT AND THAT ALL PROVISIONS OF THESE TERMS THAT APPLY TO USERS -- INCLUDING, WITHOUT LIMITATION, THE DISCLAIMERS AND LIMITATION OF LIABILITY (SECTION 10), ASSUMPTION OF RISK, WAIVER AND RELEASE (SECTION 11), INDEMNIFICATION (SECTION 12), DISPUTE RESOLUTION (SECTION 13), AND GOVERNING LAW AND VENUE (SECTION 14) -- SHALL APPLY TO YOU WITH THE SAME FORCE AND EFFECT AS THEY APPLY TO YOUR CHILD OR WARD. BY PERMITTING YOUR CHILD OR WARD TO USE THE SERVICES PROVIDED BY Zinance Inc., YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND YOURSELF AND YOUR CHILD OR WARD TO THESE TERMS AND THAT YOU ACCEPT FULL RESPONSIBILITY FOR YOUR CHILD'S OR WARD'S USE OF Senior Assassin.
If you are using Senior Assassin for a school-organized event, you may need permission from your school or organization. It is your responsibility to ensure you have all necessary permissions.
3. Account Responsibilities
You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to:
- Provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete.
- Keep your password private and not share it with anyone.
- Notify us immediately of any unauthorized use of your account by contacting admin@hxh.app.
- Not impersonate any other person or entity.
4. Game Conduct & Safety Rules
Senior Assassin is designed for fun and safe real-world games. You agree to the following conduct and safety rules:
Emergency Services
Senior Assassin is not an emergency service. The App cannot contact, dispatch, or coordinate police, fire, ambulance, or any other emergency responders on your behalf. You must not rely on Senior Assassin, any in-app feature, or any communication with Zinance Inc. as a substitute for contacting emergency services. If you believe that you, another player, a bystander, or any other person is in immediate danger or requires urgent medical attention, contact your local emergency services immediately (for example, call 911 in North America). Do not delay contacting emergency services in order to contact Zinance Inc., a Game Organizer, or any other person through the App. Your personal safety and the safety of those around you must always take priority over any game.
Parents and guardians: Before allowing your child or ward to participate in any game through Senior Assassin, please ensure they understand that they must contact emergency services first (for example, call 911 in North America) if they or anyone nearby is hurt, in danger, or witnesses an emergency. No game, elimination, or in-app interaction is more important than getting help to someone who needs it. If your child is unsure whether a situation is an emergency, instruct them to contact emergency services (for example, call 911 in North America) and let the operator assess the situation.
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No Dangerous Items: Do not use or incorporate any dangerous items, real weapons, replicas, imitation firearms, or hazardous materials in any game. For clarity, any object that is designed, modified, or intended to cause bodily harm is strictly prohibited. Using an imitation firearm in connection with gameplay may constitute an offence under the Criminal Code of Canada (section 85) and other applicable laws.
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Equipment Appearance: All equipment used in gameplay must be brightly coloured, clearly identifiable as a toy, and finished in vivid, non-threatening colours (for example, water guns in neon green, orange, pink, or other vivid colours, and water balloons). You must not use any equipment that is black, dark grey, metallic, camouflage-patterned, or otherwise coloured or designed in a way that could give the impression that it is a real firearm or weapon. Before each use, you must remove or obscure any markings, attachments, or modifications that give equipment a realistic weapon-like appearance. Senior Assassin reserves the right to require photographic verification of equipment and to prohibit any item that, in our sole discretion, does not meet these requirements.
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No Weapon-Like Conduct: You must not point, aim, brandish, conceal, or transport game equipment in any manner that could reasonably be perceived by bystanders, law enforcement, or members of the public as involving an actual weapon or as threatening. This includes carrying equipment in a concealed manner (for example, inside a waistband, bag, or jacket) in a way that resembles concealed carry of a firearm. You must not carry out any aspect of gameplay in a way that a reasonable bystander could perceive as posing a threat to public safety or as constituting unlawful conduct.
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No Disguises or Masks: Players must keep their faces uncovered and clearly visible at all times during gameplay; masks, balaclavas, face coverings, and all other forms of disguise are prohibited. Masked or disguised players conducting pursuit-style gameplay in public cause legitimate alarm to bystanders and may provoke law enforcement response. Wearing a disguise in connection with certain conduct may constitute an offence under the Criminal Code (R.S.C., 1985, c. C-46, s. 351(2)). You are solely responsible for any consequences arising from your appearance during gameplay.
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Respect Private Property: Do not trespass on private property. Always obtain permission before entering any non-public area.
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Restricted Locations: Do not engage in gameplay, pursue targets, or use the App in or around any location that is sensitive, security-controlled, or otherwise restricted, including without limitation: military installations and defence sites; airports, airfields, and aviation facilities; hospitals and healthcare facilities; emergency services buildings (police stations, fire stations, ambulance depots); critical infrastructure sites (power plants, water treatment facilities, telecommunications installations); rail stations, rail corridors, and transit terminals; government buildings and courthouses; schools, colleges, and universities during instructional or examination hours; daycare centres and childcare facilities; correctional facilities; places of worship; and embassies or consular offices. This prohibition extends to the grounds, parking areas, and immediate surroundings of any such location. You must also refrain from gameplay at any other location where gameplay is forbidden or restricted by applicable law, by-law, posted property rules, institutional policy, or guidance from a public safety authority.
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Heed Safe Zones: Respect designated safe zones and out-of-bounds areas defined by game organizers or the App.
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No Location Data Misuse: The App shares real-time location information between players during active gameplay. You must not misuse this information in any way. Specifically, you must not:
- (a) use location information obtained through the App to follow, surveil, monitor, or track any player outside the context of active gameplay;
- (b) share, forward, transmit, or disclose any player's location information to any person who is not an active participant in the same game;
- (c) screenshot, screen-record, photograph, or otherwise capture the in-game map or any display of player location data for any purpose outside of active gameplay;
- (d) use location information obtained through the App to contact, approach, confront, visit, or attend the location of any player outside of active gameplay, including but not limited to approaching a player's home, school, workplace, or any other location identified through the App;
- (e) use location information to intimidate, threaten, harass, stalk, or cause fear for safety in any player, whether during or outside of gameplay; or
- (f) compile, aggregate, or retain any record of another player's location data or movement patterns for any purpose, except to the extent that retention is required by Section 5.6 (Incident Reporting and Evidence Preservation) or by applicable law.
Conduct described in paragraphs (a) through (f) above may constitute criminal harassment under section 264 of the Criminal Code (R.S.C., 1985, c. C-46), which prohibits engaging in conduct that causes any person to reasonably fear for their safety or the safety of anyone known to them. Criminal harassment is an indictable offence carrying a maximum sentence of ten years' imprisonment. Zinance Inc. will cooperate fully with law enforcement investigating any such conduct. Many of our users are minors aged 13 to 18, and any misuse of location data involving a minor will be treated with the utmost seriousness. If you believe another player is misusing your location data, report it immediately to admin@hxh.app and, if you feel unsafe, contact your local police service or emergency services (for example, call 911 in North America, or your local emergency number).
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No Play While Driving: Absolutely no interacting with the App or participating in gameplay while operating a vehicle (car, bicycle, scooter, etc.). Prioritize road safety.
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No Play While Impaired: Do not participate in any gameplay while impaired or intoxicated by alcohol, cannabis, illegal drugs, prescription or over-the-counter medication, or any other substance that may affect your judgment, coordination, or reaction time. Do not play while fatigued to the degree that your awareness of your surroundings is diminished. Impaired gameplay in public spaces creates foreseeable risks of injury to yourself and bystanders and may expose you to liability under provincial and municipal law. You are solely responsible for assessing your own fitness to play and for any consequences arising from participation while impaired.
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No Coercion or Dangerous Challenges: Do not use intimidation, social pressure, dares, bullying, threats, or the promise of any reward or benefit to induce any person -- whether a player, bystander, or anyone else -- to undertake hazardous behaviour, accept unreasonable risks, or participate in unlawful conduct, whether during gameplay or in connection with the Services. Without limiting the generality of the foregoing, the following are strictly prohibited:
- Pressuring or daring another person to enter an unsafe, restricted, or off-limits area (for example, a construction site, rooftop, body of water, or roadway);
- Offering money, in-game advantages, social status, or any other reward in exchange for reckless or dangerous behaviour;
- Using social media, group chats, in-app messaging, or any other communication channel to publicly or privately pressure, shame, or manipulate another person into taking risks they would not otherwise take; and
- Organizing or promoting "challenges" that involve a foreseeable risk of injury, property damage, confrontation with law enforcement, or violation of any law.
Any player who becomes aware of coercion, dangerous challenges, or pressure tactics of any kind should report the conduct to admin@hxh.app or through any reporting feature available in the App. If you believe anyone is in immediate danger as a result of such conduct, contact emergency services first (for example, call 911 in North America, or your local emergency number), then report the situation to Zinance Inc..
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Play Responsibly: Be aware of your surroundings, play during daylight hours or in well-lit areas if playing at night, and consider playing with a group.
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Follow Organizer Rules: Adhere to any additional rules or guidelines set by your game organizer.
Zinance Inc. is not responsible for any injury, loss, or damage sustained during gameplay. You participate at your own risk.
5. Game Organizer and Player Obligations
5.1 Definitions
Senior Assassin allows users to create and manage games ("Game Organizers") and to participate in games created by others ("Players"). A single user may act as both a Game Organizer and a Player. These Terms apply to you in every capacity in which you use the Services. Where this section imposes obligations specific to Game Organizers, those obligations apply in addition to all other obligations under these Terms.
For the purposes of these Terms:
- "Game Organizer" means any user who creates, configures, administers, or manages a game through the Services, including setting game rules, defining game boundaries, inviting or approving participants, or otherwise exercising control over how a game is conducted.
- "Player" means any user who joins or participates in a game created by a Game Organizer.
5.2 Platform Role Disclaimer
Zinance Inc. operates a technology platform through which users may create and take part in games. Zinance Inc. does not itself plan, run, oversee, direct, or exercise authority over user-created games or gameplay. Game Organizers and Players bear sole responsibility for how they organize, conduct, and participate in games, and for ensuring compliance with these Terms and all applicable laws. Zinance Inc. disclaims any duty of care, oversight obligation, or liability for user-created games or for any conduct occurring in connection with such games.
5.3 Game Organizer Obligations
If you create or manage a game through the Services, you are a Game Organizer and you agree to the following obligations:
- Compliance with Laws: You must comply with all applicable federal, provincial, and municipal laws, regulations, by-laws, and ordinances in connection with the creation, organization, and conduct of your game, including but not limited to the Trespass to Property Act (R.S.O. 1990, c. T.21), the Occupiers' Liability Act (R.S.O. 1990, c. O.2), and any applicable provisions of the Criminal Code (R.S.C., 1985, c. C-46).
- Location Permissions: You must secure and keep current all consents, permits, authorizations, and approvals necessary for any locations, properties, or areas associated with your game. You must not designate gameplay areas on private property without the property owner's explicit permission. You must not direct, encourage, or incentivize Players to enter any location where they do not have lawful permission to be.
- No Trespass or Unlawful Direction: You must not direct, instruct, or encourage Players to trespass on private property, enter restricted areas, or violate any applicable law, by-law, regulation, or ordinance in connection with gameplay. You must not structure a game in a manner that requires or rewards such conduct.
- Safe Game Conduct: You must not create, configure, or conduct a game in a manner that endangers Players, bystanders, or the public. You are responsible for ensuring that the structure and rules of your game do not create foreseeable risks of injury, property damage, or unlawful conduct.
- Safety Rules: You must set out and make known to all participants in your game, prior to the start of gameplay, a set of fundamental safety rules. At minimum, your safety rules must address: (a) how Players can identify and report unsafe conditions; and (b) how gameplay will be paused or stopped if unsafe conditions arise.
- Emergency Stop Mechanism: You must provide a clear and accessible method for any participant to request that gameplay be paused or stopped when continuing would be unsafe or unlawful. You must honour such requests promptly.
- Communication of Terms: You must inform all participants in your game that participation is subject to these Terms and that each participant is required to accept these Terms independently.
- Minor Participation: Where any participant in your game has not yet reached the age of 18, you are responsible for confirming that both the minor's involvement and any related supervisory measures satisfy all requirements of applicable law. You must obtain verifiable consent from a parent or legal guardian before permitting a minor to participate in your game. You are solely responsible for ensuring that gameplay involving minors is conducted in a manner that is safe and appropriate.
- Location Data Safeguards: You must not share, export, copy, redistribute, or disclose the location data of any player in your game to any person or entity outside of active gameplay. You must not structure, configure, or conduct a game in a manner that encourages, rewards, incentivizes, or requires players to misuse location data, including but not limited to game structures that reward players for tracking, following, or surveilling other players outside of active gameplay sessions. If you become aware that any participant in your game is engaging in location data misuse as described in Section 4 of these Terms -- including using location data to follow, stalk, harass, or intimidate another player -- you must immediately remove the offending participant from the game and report the conduct to Zinance Inc. at admin@hxh.app. Where the conduct involves a minor or where you reasonably believe a player's safety is at risk, you must also advise the affected player (or their parent or guardian, if the player is a minor) to contact local police. Failure to take reasonable steps to address known location data misuse in a game you organize may result in suspension or permanent termination of your account and your ability to use the Services.
5.4 Player Obligations and Independence
If you join or participate in a game as a Player, you agree to the following:
- Personal Responsibility: You are personally responsible for your own conduct during gameplay, regardless of any instructions, directions, rules, or incentives provided by a Game Organizer. An instruction from a Game Organizer does not relieve you of your obligation to comply with these Terms and all applicable laws.
- No Defence of Organizer Direction: If a Game Organizer directs you to engage in conduct that violates these Terms or any applicable law -- including but not limited to trespassing on private property, entering restricted areas, or engaging in conduct that endangers yourself or others -- you must refuse to comply. You may not rely on a Game Organizer's instructions as a defence or justification for violating these Terms or any law.
- Duty to Stop: You must cease all gameplay activity without delay whenever continued participation would present a risk to safety, contravene any law, or breach these Terms. This obligation applies regardless of the game's status, any Game Organizer's instructions, or any competitive incentive.
- Reporting Unsafe Conditions: If you become aware of unsafe conditions, violations of these Terms, or unlawful conduct in connection with a game, you must report the situation to the Game Organizer and, where appropriate, to Zinance Inc. at admin@hxh.app. In any situation involving immediate danger, contact emergency services (call 911 in North America, or your local emergency number) before contacting Zinance Inc. or any Game Organizer. Additional incident reporting obligations are set out in Section 5.6 below.
5.5 No Waiver of Obligations
A Game Organizer's failure to establish safety rules, obtain required permissions, or comply with any obligation under this section does not relieve any Player of their independent obligations under these Terms. Similarly, a Player's acceptance of or participation in a game does not relieve the Game Organizer of any obligation under this section. The obligations of Game Organizers and Players under this section are independent and cumulative.
5.6 Incident Reporting and Evidence Preservation
5.6.1 Duty to Report
All users -- whether acting as Game Organizers, Players, or in any other capacity -- are required to promptly notify Zinance Inc. at admin@hxh.app of any serious safety incident arising in connection with a game or the Services. For the purposes of this section, a "serious safety incident" includes, but is not limited to, any of the following:
- (a) threats of violence, intimidation, or actual violence directed at any person in connection with gameplay;
- (b) conduct involving any object or equipment that is used, brandished, or displayed in a manner that resembles or could be perceived as weapon-like, or any conduct that could reasonably be mistaken for an armed confrontation;
- (c) any physical injury requiring medical attention, whether sustained by a Player, a bystander, or any other person;
- (d) damage to property, including damage to vehicles, structures, fencing, landscaping, or personal belongings;
- (e) any contact with, response by, or investigation initiated by law enforcement, emergency services, or any public authority in connection with gameplay; and
- (f) any confrontation arising from a trespass allegation or dispute over access to property in connection with gameplay.
In any situation involving immediate danger to any person, you must contact emergency services (call 911 in North America, or your local emergency number) before contacting Zinance Inc. or any Game Organizer. Your obligation to report to Zinance Inc. does not replace or delay your obligation to contact emergency services when the circumstances require it.
Reports should include, to the extent reasonably available to you at the time of reporting: a description of the incident, the date, time, and location, the identities or usernames of any persons involved, and any other information that may assist Zinance Inc. in understanding the nature and severity of the incident.
5.6.2 Duty to Preserve Evidence
If you are involved in, witness, or become aware of a serious safety incident as described in Section 5.6.1, you must make reasonable efforts to retain all records, correspondence, and materials in your possession or control that pertain to the incident. This includes, but is not limited to:
- (a) in-app messages, direct messages, group chat messages, and any other electronic communications relating to the incident or to the gameplay during which the incident occurred;
- (b) photographs, videos, screenshots, and other visual or audio recordings;
- (c) timestamps, location data, and any other metadata associated with the foregoing records; and
- (d) any correspondence with law enforcement, emergency services, property owners, or other third parties relating to the incident.
You must not intentionally delete, destroy, alter, or conceal any record, communication, or material that you know or reasonably believe to be relevant to a serious safety incident or to any investigation by Zinance Inc., law enforcement, or any competent authority. This obligation applies from the time you become aware of the incident and continues until Zinance Inc. notifies you in writing that preservation is no longer required, or for a period of twelve (12) months from the date of the incident, whichever is earlier.
Nothing in this section requires you to create records that do not already exist, to obtain records that are not in your possession or control, or to take any step that would be unlawful or unreasonable in the circumstances.
5.6.3 Cooperation
If Zinance Inc. conducts an investigation into a serious safety incident or a potential violation of these Terms, you agree to participate in good faith in such investigation by complying with reasonable informational requests, which may include furnishing relevant records retained under Section 5.6.2 and answering inquiries from Zinance Inc. within a reasonable period.
Your cooperation obligation under this section is subject to your rights under applicable law, including any common-law privilege against self-incrimination and the right to obtain independent legal advice. You are not required to provide any information or statement that would require you to waive any such right or privilege. You may seek independent legal advice before responding to any request from Zinance Inc. under this section.
For greater certainty, your obligation to cooperate under this section applies to internal investigations conducted by Zinance Inc. and does not create any obligation to cooperate with third parties, other users, or opposing parties in any legal proceeding, except as required by applicable law.
5.6.4 No Obligation to Investigate
The reporting mechanism established by this section is provided for informational and safety purposes. Receiving a report under Section 5.6.1 does not create, and shall not be construed as creating, any duty of care, duty to investigate, duty to act, or duty to respond on the part of Zinance Inc.. Zinance Inc. may, in its sole discretion, investigate, respond to, act upon, or decline to act upon any report received. The decision to investigate or not investigate a reported incident, and the scope, manner, and conclusions of any investigation, are entirely within Zinance Inc.'s discretion.
No action or inaction by Zinance Inc. in response to a report -- including any decision not to investigate, any delay in responding, or any outcome of an investigation -- shall be construed as an assumption of responsibility, an acknowledgment of liability, or an undertaking of any duty of care with respect to the reported incident, the persons involved, or the circumstances described.
This section does not expand, limit, or otherwise modify the platform role disclaimer set out in Section 5.2 or the disclaimers and limitation of liability set out in Section 10.
5.6.5 Consequences of Non-Compliance
Failure to comply with the obligations set out in this Section 5.6 -- including failure to report a serious safety incident, intentional destruction or concealment of relevant records, or refusal to cooperate in good faith with a Zinance Inc. investigation -- may result in suspension or termination of your account and access to the Services, in accordance with Section 9 (Termination, Suspension & Enforcement). Zinance Inc. reserves the right to take any enforcement action it considers appropriate in the circumstances, in its sole discretion.
6. User-Generated Content
The Services may allow you to upload, submit, store, send, or receive content, such as videos, photos, or text ("User-Generated Content" or "UGC"). You retain ownership of any intellectual property rights that you hold in that UGC.
When you upload UGC to the Services, you grant Zinance Inc. a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, translate, create derivative works, communicate, publish, publicly perform, publicly display, distribute, and otherwise exploit such content, including your name, voice, likeness, and other personal indicia of identity to the extent they appear in your UGC. This license is for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. You acknowledge that promotional use of UGC may include featuring your UGC including but not limited to app store listings, on our website, on our social media channels, and in other promotional materials. This license is perpetual and irrevocable, meaning it continues even if you stop using our Services or delete your account (for example, for a video submitted for an elimination that remains part of a completed game record).
You represent and warrant that you own or have the necessary rights, licenses, and permissions to submit your UGC and to grant the rights described above, and that your UGC does not infringe or violate the rights of any third party.
You agree not to submit UGC that is:
- Illegal, harassing, defamatory, libelous, threatening, pornographic, obscene, hateful, racially or ethnically offensive, or otherwise inappropriate.
- Infringes on the intellectual property rights, privacy rights, or publicity rights of others.
- Contains viruses, malware, or other harmful code.
We reserve the right to remove or refuse to display any UGC for any reason.
Feedback and Suggestions
If you send us ideas, suggestions, feature requests, concepts, or other feedback about the Services -- whether through the App, by email, through social media, or by any other means ("Feedback") -- the following terms apply:
- Voluntary and non-confidential. All Feedback is voluntary and non-confidential. By submitting Feedback, you agree that Zinance Inc. has no obligation to compensate you, credit you, or keep your Feedback confidential, and that no fiduciary or confidential relationship is created between you and Zinance Inc. by your submission of Feedback.
- Independent development. You acknowledge that Zinance Inc. may already be developing, or may in the future independently develop, products, features, or services that are similar to or the same as your Feedback. Nothing in these Terms limits Zinance Inc.'s right to develop, make, use, market, or distribute any product or service, whether or not similar to your Feedback, without any obligation to you.
- License. By submitting Feedback, you grant Zinance Inc. a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to use, reproduce, modify, create derivative works from, distribute, publicly display, and otherwise exploit such Feedback in any manner and for any purpose, without any obligation of attribution or compensation to you.
- Right to submit. You represent and warrant that you have the right and authority to submit your Feedback and to grant the license described above, and that your Feedback does not infringe the intellectual property rights or other rights of any third party.
This subsection applies only to ideas, suggestions, and feedback about the Services. It does not apply to your personal information, which is governed by our Privacy Policy.
7. Platform Intellectual Property
Ownership
The Services — including all software, source code, object code, algorithms, databases, data structures, text, graphics, photographs, illustrations, audio, video, user interface designs, layouts, visual elements, colour schemes, page headers, button icons, scripts, and all other content and materials made available through Senior Assassin (collectively, "Platform Content") — are owned by or licensed to Zinance Inc.. Platform Content does not include User-Generated Content, which is addressed in Section 6 above.
The Senior Assassin name, logo, and related marks are trademarks or trade-marks of Zinance Inc. or its licensors. You may not use these marks without the prior written consent of Zinance Inc..
Platform Content is protected by Canadian and international intellectual property laws, including the Copyright Act (R.S.C., 1985, c. C-42), the Trademarks Act (R.S.C., 1985, c. T-13), and applicable international treaties.
Limited License to You
Subject to your compliance with these Terms, Zinance Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services and Platform Content solely for your personal use in connection with the Services, and not for resale, redistribution, or commercial exploitation of Platform Content.
This license does not include the right to:
- Copy, reproduce, distribute, publish, or publicly display any Platform Content, except as incidentally required for ordinary use of the Services on your personal device;
- Modify, adapt, translate, or create derivative works based on the Services or any Platform Content;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or structure of the Services, except to the extent that such activity is expressly permitted and cannot be contractually waived under sections 30.61 (interoperability), 30.62 (encryption research), and 30.63 (security) of the Copyright Act (R.S.C., 1985, c. C-42);
- Use any automated means — including bots, scrapers, crawlers, spiders, or data-mining tools — to access, collect, copy, or index any portion of the Services or Platform Content;
- Use the Services or Platform Content for competitive analysis, benchmarking, or the development of a competing product or service; or
- Remove, alter, obscure, or tamper with any copyright, trademark, or other proprietary notice displayed on or within the Services or Platform Content.
Reservation of Rights
All rights in and to the Services and Platform Content not expressly granted to you under these Terms are reserved by Zinance Inc. and its licensors. Nothing in these Terms transfers any ownership of or proprietary interest in the Services or Platform Content to you or any third party.
8. Premium & Payments
If Senior Assassin offers premium features, subscriptions, or other paid offerings (collectively, "Paid Services"), the following terms apply in addition to all other provisions of these Terms.
8.1 Subscription Terms
Subscriptions to Paid Services automatically renew at the end of each billing period (monthly, annually, or as otherwise stated at the time of purchase) unless you cancel before the renewal date. You may cancel your subscription at any time through your device's subscription management settings (Apple App Store or Google Play Store). Cancellation takes effect at the end of your current billing period; you will retain access to Paid Services until that period expires, and no further charges will be applied.
You are responsible for managing your own subscriptions. Zinance Inc. cannot cancel, modify, or issue refunds for subscriptions managed through Apple or Google on your behalf.
8.2 Payment
By purchasing Paid Services, you agree to pay all applicable fees at the prices stated at the time of purchase, plus all applicable taxes. In Canada, this includes the Harmonized Sales Tax (HST) or Goods and Services Tax (GST), as applicable. If you are located outside Canada, you are responsible for determining and paying any jurisdiction-specific taxes, duties, or levies applicable to your purchase.
All payments are processed through the Apple App Store or Google Play Store. Zinance Inc. does not directly collect or store your payment information. Your payment is subject to the terms and conditions of the applicable platform.
8.3 Refund Policy
(a) General Rule. All purchases of Paid Services are final except as expressly provided in this Section 8.3 or Section 9.7. If you cancel a subscription, you will not receive a refund or credit for any partial billing period remaining after the date of cancellation.
(b) Platform Refunds. Purchases made through the Apple App Store or Google Play Store are processed and administered by Apple or Google, respectively. Refund requests for such purchases must be submitted directly to the applicable platform in accordance with its refund policies. Zinance Inc. does not have the ability to process, approve, or override refund decisions made by Apple or Google. If you believe you are entitled to a refund, please contact Apple or Google through the refund process provided by that platform.
(c) Ontario Consumer Protection Act. If you are a consumer in Ontario, you may have a right to cancel an internet agreement within seven (7) days of entering into it where the total price exceeds fifty Canadian dollars (CAD $50.00), as provided under Part IV (ss. 37-40) of the Consumer Protection Act, 2002 (S.O. 2002, c. 30, Sched. A) and Ontario Regulation 17/05. This right cannot be waived or limited by these Terms. To exercise this right, contact admin@hxh.app within the applicable cancellation period. If you cancel under this provision, Zinance Inc. will process a full refund of any amounts paid, less the proportional value of any Paid Services already received, within the timeframe required by applicable law.
(d) European Union, European Economic Area, and United Kingdom. If you are a consumer in the EU, EEA, or UK, you have a statutory right to withdraw from a digital content or digital services contract within fourteen (14) days of purchase without giving any reason, as provided under Directive 2011/83/EU (as implemented in your jurisdiction) or the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, as applicable. This withdrawal right is lost only where you have expressly consented to immediate performance of the digital content or service and have acknowledged that your right of withdrawal will be lost upon such performance. If you have not given such express consent, or if the digital content or service has not yet been fully performed, you may exercise your withdrawal right by contacting admin@hxh.app within the fourteen (14) day period. Upon valid withdrawal, Zinance Inc. will refund all amounts paid without undue delay and in any event within fourteen (14) days.
(e) Other Jurisdictions. Nothing in this Section 8.3 is intended to exclude, restrict, or modify any mandatory consumer protection right, including any statutory right to a refund, cooling-off period, or cancellation, that applies to you under the laws of your jurisdiction and that cannot be excluded, restricted, or modified by agreement. Where such mandatory rights apply, they prevail over any conflicting provision in these Terms.
8.4 Virtual Items
If Senior Assassin offers virtual items, in-game currency, consumables, or other digital goods ("Virtual Items"), the following terms apply:
(a) License, Not Property. Virtual Items are licensed to you, not sold. Your purchase of Virtual Items grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use those Virtual Items solely within Senior Assassin and in accordance with these Terms. You do not acquire any ownership interest, property right, or other legal entitlement in Virtual Items.
(b) No Real-World Value. Virtual Items have no real-world monetary value and cannot be redeemed for cash, gift cards, or any other form of payment or consideration outside the Services. Virtual Items are not bank deposits and are not insured or guaranteed by any government agency.
(c) Non-Transferable. Virtual Items may not be sold, traded, gifted, transferred, assigned, or otherwise conveyed to any other person or account, whether within or outside the Services, except through mechanisms expressly provided within Senior Assassin.
(d) Modification and Discontinuation. Zinance Inc. reserves the right to manage, modify, adjust the pricing of, or discontinue any Virtual Item at any time. If Zinance Inc. permanently discontinues a category of Virtual Item while you hold an unexpired balance, Zinance Inc. will, at its sole discretion, provide you with either: (i) a pro-rata credit toward other Paid Services or Virtual Items offered through Senior Assassin; or (ii) a refund of the proportional unused value of the discontinued Virtual Item, calculated from the date of discontinuation. Zinance Inc. will provide at least thirty (30) days' notice before permanently discontinuing a category of Virtual Item, unless the discontinuation is required by law, platform policy, or circumstances beyond Zinance Inc.'s reasonable control.
(e) Termination. Upon termination or suspension of your account for any reason, you may lose access to Virtual Items associated with your account. Except as required by applicable law or as expressly stated in Section 8.3, Zinance Inc. is not obligated to provide any refund, compensation, or credit for Virtual Items lost due to account termination or suspension.
8.5 Right to Change Pricing
Zinance Inc. reserves the right to change the pricing of Paid Services, subscriptions, or Virtual Items at any time. If Zinance Inc. increases the price of a subscription to which you are actively subscribed, Zinance Inc. will provide you with at least thirty (30) days' prior notice of the price increase through the App, by email, or through the applicable platform's notification mechanism. The new price will not apply until the start of your next billing period following the expiration of the thirty (30) day notice period. If you do not agree to the new pricing, you may cancel your subscription before the new price takes effect. Your continued subscription after the new pricing takes effect constitutes your acceptance of the updated price.
For one-time purchases and Virtual Items, updated pricing applies only to new purchases made after the pricing change and does not retroactively affect completed transactions.
9. Termination, Suspension & Enforcement
9.1 Revocable Access
Zinance Inc. grants access to the Services in its sole discretion and on a revocable basis. You understand and agree that such access — including access to all games, features, and virtual items — does not confer any vested, proprietary, or other continuing right or entitlement to the ongoing availability of any part of the Services.
9.2 Individual Enforcement
Zinance Inc. may, at any time and in its sole discretion, with or without prior notice, suspend, restrict, or terminate your access to the Services, your account, or your participation in any game or feature, if Zinance Inc. believes that:
- (a) your continued access poses a safety, legal, or reputational risk to Zinance Inc., other users, or the public;
- (b) your account is being accessed or used without authorization or in a manner inconsistent with these Terms;
- (c) information you have provided to Zinance Inc. is inaccurate, incomplete, or materially outdated;
- (d) a game, event, or group in which you participate has involved conduct that violates these Terms or applicable law, or that presents safety, legal, or operational concerns;
- (e) you have breached these Terms or any applicable law; or
- (f) there are reasonable grounds to suspect that a breach of these Terms or applicable law may have occurred in connection with your account or conduct.
9.3 Game-Wide Enforcement
Zinance Inc. may, in its sole discretion, suspend, terminate, or declare void any game, event, or feature of the Services. Zinance Inc. may apply enforcement measures on a collective basis to every user associated with a particular game, event, or group, without first investigating individual conduct or assigning personal fault. This authority exists because games — including but not limited to school-based or community games — may give rise to collective safety concerns, pervasive rule violations, or situations in which isolating individual responsibility is not reasonably practicable.
9.4 Cross-Event and Linked-Account Enforcement
Enforcement actions taken under this Section 9 may apply across all current and future games, events, and features of the Services. Zinance Inc. may prevent a suspended or banned user from re-registering for or participating in any game or event, whether under the same account or a different one. To enforce these restrictions, Zinance Inc. may link accounts or identify returning users using technical signals available to it, including device identifiers, email address hashes, and other information described in the Privacy Policy. Any such account-linking activity will be conducted in accordance with the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) ("PIPEDA") and Zinance Inc.'s Privacy Policy.
9.5 Notice and Review
Where reasonably practicable, Zinance Inc. will notify you of any suspension, restriction, or termination of your account or access. Zinance Inc. is not required to provide notice in advance of taking enforcement action where doing so would compromise the safety of users, the integrity of an investigation, or the effectiveness of the enforcement measure.
If you believe that enforcement action taken against you was made in error, you may submit a written request for review to admin@hxh.app. Zinance Inc. will use reasonable efforts to review such requests and respond within a reasonable time. Submission of a review request does not suspend, stay, or reverse any enforcement action pending the outcome of the review.
9.6 Effect of Termination
Upon any suspension, restriction, or termination of your account or access to the Services, whether initiated by you or by Zinance Inc.:
- (a) your right to access and use the Services will cease immediately to the extent of the restriction;
- (b) you may lose access to game progress, standings, elimination records, User-Generated Content, virtual items, subscriptions, and any other content, data, or benefits associated with your account; and
- (c) Zinance Inc. shall have no obligation to maintain, preserve, or return any such content, data, or benefits, except as required by applicable law.
9.7 Refunds on Termination
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(a) Termination for cause. If your account or access is suspended or terminated as a result of your breach of these Terms, your violation of applicable law, or your individual conduct, you are not entitled to any refund, reimbursement, or compensation for any fees paid, subscriptions purchased, virtual items acquired, or other amounts paid in connection with the Services, except to the extent required by applicable law.
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(b) Game-wide enforcement affecting innocent participants. If your access to a specific game is suspended or terminated solely as a result of game-wide enforcement action under Section 9.3, and you did not personally engage in the conduct that prompted the enforcement action, you may submit a written request to admin@hxh.app for a pro-rata refund or account credit in respect of any fees you paid specifically for the affected game. Zinance Inc. will review such requests in good faith and, where it determines that a refund or credit is warranted, will issue the applicable amount within a reasonable time. This subsection applies only to fees paid for the specific affected game and does not extend to general subscription fees, virtual items, or other purchases unrelated to the affected game.
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(c) Applicable law. Nothing in this Section 9.7 limits or overrides any refund rights you may have under the Consumer Protection Act, 2002 (S.O. 2002, c. 30, Sched. A), any other applicable consumer protection legislation, or the refund policies of the Apple App Store or Google Play Store as they apply to your purchases.
9.8 No Liability for Good-Faith Enforcement
To the fullest extent permitted by applicable law, Zinance Inc. shall not be liable to you or any third party for any suspension, restriction, termination, or other enforcement action taken in good faith under this Section 9, including game-wide enforcement actions, cross-event restrictions, and linked-account measures, whether or not such action is ultimately determined to have been taken in error. Nothing in this subsection excludes or limits any liability that cannot be excluded or limited under the Consumer Protection Act, 2002 (Ontario) or other applicable consumer protection legislation.
9.9 User-Initiated Termination
You may terminate your account at any time by contacting Zinance Inc. at admin@hxh.app or, where available, through the account settings within the App. Termination of your account does not relieve you of any obligations incurred prior to termination, including any liability arising from your conduct during gameplay.
9.10 Survival and Data Retention
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership and intellectual property provisions (Sections 6 and 7), payments, refunds, and virtual items (Section 8), termination and enforcement (Section 9), disclaimers and limitation of liability (Section 10), waiver, release, and assumption of risk (Section 11), indemnification (Section 12), dispute resolution (Section 13), and governing law and venue (Section 14).
Zinance Inc. may retain certain account data, User-Generated Content, and records as necessary for its legitimate business purposes, including record-keeping, dispute resolution, legal compliance, and safety investigations, subject to Zinance Inc.'s Privacy Policy and applicable law, including PIPEDA.
10. Disclaimers & Limitation of Liability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Zinance Inc. DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
Platform Role & Scope of Services
Zinance Inc. provides a technology platform that enables users to create, organize, and participate in games. Zinance Inc. does not itself organize, manage, supervise, monitor, or control any user-created game or any gameplay occurring in connection with the Services. Zinance Inc. is not a game organizer, event operator, or supervisor of any kind, and nothing in these Terms or in the functionality of Senior Assassin shall be construed as creating such a role.
All decisions regarding the creation, structure, rules, locations, timing, participants, and conduct of any game are made solely by the users who create and participate in those games. Users who create or administer games ("Game Organizers") bear sole responsibility for the organization, management, and safety of the games they create, including compliance with all applicable laws, regulations, and these Terms. Players bear sole responsibility for their own decision to participate and for their own conduct during gameplay.
Zinance Inc. does not assume, and expressly disclaims, any duty of care, duty of supervision, or responsibility whatsoever for user-created games, the conduct of Game Organizers or Players, the suitability or safety of any game location, or any interactions between users occurring in connection with the Services. The availability of game-creation tools, gameplay features, or communication functionality within Senior Assassin does not establish any relationship of proximity, reliance, or undertaking between Zinance Inc. and any user with respect to the organization, conduct, or outcome of any game.
You acknowledge and agree that Zinance Inc. has no obligation to review, approve, monitor, or intervene in any game created through the Services, and that no action or inaction by Zinance Inc. with respect to any game shall be construed as an assumption of responsibility or duty of care for that game or its participants.
PARTICIPATING IN REAL-WORLD GAMES LIKE Senior Assassin INVOLVES INHERENT RISKS, INCLUDING RISK OF PHYSICAL INJURY, PROPERTY DAMAGE, OR OTHER LOSSES. YOU ACKNOWLEDGE AND AGREE THAT YOU PARTICIPATE VOLUNTARILY AND AT YOUR OWN SOLE RISK.
Zinance Inc. DOES NOT WARRANT, REPRESENT, OR GUARANTEE:
(A) THAT ANY GAME CREATED, ORGANIZED, OR PLAYED USING THE SERVICES IS CONDUCTED IN ACCORDANCE WITH APPLICABLE LAW, ADEQUATELY OVERSEEN, COMPLIANT WITH ANY APPLICABLE REGULATIONS, OR AUTHORIZED BY ANY SCHOOL, INSTITUTION, PROPERTY OWNER, OR OTHER RELEVANT AUTHORITY;
(B) THE IDENTITY, QUALIFICATIONS, BACKGROUND, INTENTIONS, OR CONDUCT OF ANY PARTICIPANT, USER, GAME ADMINISTRATOR, OR OTHER INDIVIDUAL ENCOUNTERED THROUGH OR IN CONNECTION WITH THE SERVICES. Zinance Inc. DOES NOT CONDUCT IDENTITY VERIFICATION, BACKGROUND CHECKS, OR SCREENING OF USERS AND MAKES NO REPRESENTATION REGARDING THE TRUTHFULNESS OR RELIABILITY OF ANY INFORMATION PROVIDED BY USERS;
(C) THE ACCURACY, PRECISION, DEPENDABILITY, OR COMPLETENESS OF ANY LOCATION INFORMATION OR GEOLOCATION DATA PROVIDED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO GPS COORDINATES, REAL-TIME LOCATION TRACKING, PROXIMITY CALCULATIONS, OR MAP DATA. LOCATION DATA IS DEPENDENT ON THIRD-PARTY SERVICES, DEVICE HARDWARE, SATELLITE AVAILABILITY, NETWORK CONDITIONS, AND ENVIRONMENTAL FACTORS, ALL OF WHICH ARE OUTSIDE THE CONTROL OF Zinance Inc.. YOU ACKNOWLEDGE THAT LOCATION DATA MAY BE INACCURATE, DELAYED, OR UNAVAILABLE AT ANY TIME; OR
(D) THAT USE OF THE SERVICES WILL AVERT, MITIGATE, OR REDUCE THE RISK OF INJURIES, PROPERTY DAMAGE, ALTERCATIONS, DISPUTES, LOSSES, INCIDENTS, OR VIOLATIONS OF LAW OF ANY KIND.
YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY EVALUATING AND ASSUMING ALL RISKS ASSOCIATED WITH YOUR PARTICIPATION IN ANY GAME OR ACTIVITY FACILITATED BY THE SERVICES. BEFORE PARTICIPATING, YOU MUST ON YOUR OWN EVALUATE THE SAFETY OF ALL LOCATIONS, THE IDENTITY OF OTHER PARTICIPANTS, WHETHER THE ACTIVITY IS LAWFUL IN YOUR JURISDICTION, AND THE APPROPRIATENESS OF CONDITIONS FOR GAMEPLAY. YOU MUST NOT RELY ON LOCATION DATA OR ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICES AS A SUBSTITUTE FOR YOUR OWN INDEPENDENT JUDGMENT REGARDING YOUR PERSONAL SAFETY. Zinance Inc. HAS NO OBLIGATION TO MONITOR, VERIFY, OR ENSURE THE SAFETY OF ANY GAME, LOCATION, OR INTERACTION.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Zinance Inc. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF Zinance Inc., ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "Zinance Inc. PARTIES") ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00); OR (B) THE TOTAL FEES ACTUALLY PAID BY YOU TO Zinance Inc. FOR THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES TO ALL CLAIMS IN THE AGGREGATE AND NOT ON A PER-CLAIM BASIS, SUCH THAT BRINGING MULTIPLE CLAIMS DOES NOT ENTITLE YOU TO RECOVER AN AMOUNT EXCEEDING THIS CAP IN TOTAL. FOR GREATER CERTAINTY, THIS CAP APPLIES TO ANY AND ALL LIABILITY OF THE Zinance Inc. PARTIES, WHETHER ARISING FROM THE PROVISION OF THE SERVICES, USER-GENERATED CONTENT, INTERACTIONS BETWEEN USERS, REAL-WORLD GAMEPLAY, OR ANY OTHER MATTER RELATING TO THESE TERMS.
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 10 APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY TO EACH OF THE Zinance Inc. PARTIES, AND NOT SOLELY TO Zinance Inc. IN ITS CORPORATE CAPACITY. NO AFFILIATE, SUBSIDIARY, SUPPLIER, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, AGENT, REPRESENTATIVE, SUCCESSOR, OR ASSIGN OF Zinance Inc. SHALL HAVE ANY LIABILITY TO YOU BEYOND THE LIMITS SET FORTH IN THIS SECTION, AND ANY CLAIM YOU MAY HAVE AGAINST ANY SUCH PERSON OR ENTITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES SHALL BE SUBJECT TO THE SAME LIMITATIONS AND EXCLUSIONS THAT APPLY TO Zinance Inc..
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, OR YOUR USE OF THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE EVENT GIVING RISE TO SUCH CLAIM OR CAUSE OF ACTION FIRST OCCURRED. FAILURE TO BRING A CLAIM WITHIN THIS PERIOD SHALL CONSTITUTE AN ABSOLUTE AND UNCONDITIONAL WAIVER OF SUCH CLAIM. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM OR CAUSE OF ACTION SOUNDS IN CONTRACT, TORT, STATUTE, OR OTHERWISE. NOTHING IN THIS PARAGRAPH IS INTENDED TO OVERRIDE NON-WAIVABLE RIGHTS UNDER THE ONTARIO CONSUMER PROTECTION ACT, 2002 OR OTHER APPLICABLE CONSUMER PROTECTION LEGISLATION.
11. Waiver, Release & Assumption of Risk
Please read this section carefully. It affects your legal rights, including your right to sue.
Senior Assassin facilitates real-world water gun elimination games in which participants physically move through public and private spaces to locate and eliminate other players. You acknowledge that participation in these activities carries inherent risks that cannot be eliminated regardless of the care taken to avoid them.
Assumption of Risk. BY USING THE SERVICES OR PARTICIPATING IN ANY GAME FACILITATED THROUGH Senior Assassin, YOU FREELY AND VOLUNTARILY ASSUME ALL RISKS ARISING FROM OR RELATED TO YOUR PARTICIPATION, INCLUDING BUT NOT LIMITED TO: SLIPS, TRIPS, AND FALLS; COLLISIONS WITH OBJECTS, VEHICLES, OR OTHER PERSONS; INJURIES SUSTAINED WHILE RUNNING, CHASING, OR EVADING OTHER PLAYERS; EXPOSURE TO WEATHER CONDITIONS; ENCOUNTERS WITH TRAFFIC OR MOVING VEHICLES; PHYSICAL ALTERCATIONS OR CONFRONTATIONS WITH OTHER PLAYERS, BYSTANDERS, OR THIRD PARTIES; TRESPASS-RELATED INCIDENTS; INJURIES ARISING FROM WATER GUN USE OR RELATED GAME EQUIPMENT; AND ANY OTHER RISK INHERENT IN REAL-WORLD PHYSICAL GAME ACTIVITY. THIS ASSUMPTION OF RISK IS MADE VOLUNTARILY AND WITH FULL KNOWLEDGE OF THE NATURE AND EXTENT OF THE RISKS INVOLVED.
Release and Discharge. IN CONSIDERATION OF BEING PERMITTED TO USE THE SERVICES AND PARTICIPATE IN GAMES FACILITATED THROUGH Senior Assassin, YOU HEREBY WAIVE, RELEASE, RELINQUISH, AND FOREVER DISCHARGE Zinance Inc., ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "Zinance Inc. PARTIES") FROM ANY AND ALL CLAIMS, COUNTERCLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR UNLIQUIDATED, FIXED OR CONTINGENT, DIRECT OR INDIRECT, ARISING OUT OF OR RELATED TO:
- (A) YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICES;
- (B) YOUR PARTICIPATION IN ANY GAME OR GAME-RELATED ACTIVITY FACILITATED THROUGH THE SERVICES;
- (C) YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR IN THE REAL WORLD;
- (D) ANY PERSONAL INJURY, BODILY HARM, DEATH, DISABILITY, OR INCAPACITY, HOWSOEVER CAUSED;
- (E) ANY DAMAGE TO OR LOSS OF PROPERTY; OR
- (F) ANY OTHER LOSS, HARM, OR DAMAGE OF ANY NATURE WHATSOEVER.
THIS RELEASE APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARISE FROM THE NEGLIGENCE OF Zinance Inc. OR ANY OF THE Zinance Inc. PARTIES, AND REGARDLESS OF WHETHER SUCH CLAIMS ARE FORESEEABLE OR UNFORESEEABLE AT THE TIME YOU AGREE TO THESE TERMS.
Extension to Heirs and Assigns. THIS WAIVER AND RELEASE SHALL BE BINDING UPON YOU AND YOUR RELATIVES, NEXT OF KIN, HEIRS, BENEFICIARIES, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS. YOU AGREE THAT NO OTHER PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO ANY FAMILY MEMBER, ESTATE, OR REPRESENTATIVE, SHALL ASSERT OR ATTEMPT TO ASSERT ANY CLAIM AGAINST THE Zinance Inc. PARTIES ON YOUR BEHALF OR ON THEIR OWN BEHALF ARISING FROM YOUR USE OF THE SERVICES OR PARTICIPATION IN ANY GAME.
Covenant Not to Sue. YOU AGREE NOT TO SUE Zinance Inc. OR ANY OF THE Zinance Inc. PARTIES, AND FURTHER COVENANT THAT YOU WILL NOT INITIATE, MAINTAIN, SUPPORT, OR OTHERWISE FACILITATE ANY LEGAL ACTION, CLAIM, OR PROCEEDING OF ANY KIND BROUGHT BY ANY PERSON OR ENTITY AGAINST Zinance Inc. OR ANY OF THE Zinance Inc. PARTIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PARTICIPATION IN ANY GAME. THIS COVENANT NOT TO SUE IS A CONTRACTUAL OBLIGATION INDEPENDENT OF AND IN ADDITION TO THE RELEASE SET OUT ABOVE.
Acknowledgment. You acknowledge and agree that:
- You have read and understood this waiver, release, and assumption of risk;
- You understand that by agreeing to these Terms, you are giving up substantial legal rights, including the right to sue for damages in the event of injury, death, or property loss;
- You are voluntarily agreeing to this waiver, release, and assumption of risk of your own free will;
- You intend this waiver, release, and assumption of risk to be as broad and inclusive as permitted by the laws of the Province of Ontario and the federal laws of Canada; and
- If any portion of this section is found to be unenforceable, the remainder shall continue in full force and effect.
Nothing in this section is intended to waive or limit any rights that cannot be waived or limited under the Consumer Protection Act, 2002 (Ontario) or other applicable consumer protection legislation.
12. Indemnification
You agree to indemnify, defend, and hold harmless Zinance Inc., its affiliates, subsidiaries, suppliers, and their respective officers, directors, employees, contractors, agents, representatives, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, counterclaims, demands, causes of action, suits, proceedings, investigations, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses (including reasonable legal fees, disbursements, expert fees, and court costs at all stages, including prior to trial, at trial, and on appeal) arising out of or in any way connected with:
(a) your access to, use of, or inability to use the Services;
(b) your breach of any provision of these Terms;
(c) your violation of any applicable federal, provincial, municipal, or foreign law, regulation, by-law, or ordinance, or your infringement or violation of any right of any third party, including any intellectual property right, privacy right, publicity right, or proprietary right;
(d) any User-Generated Content you submit, post, upload, transmit, or otherwise make available through the Services;
(e) any third-party claim, demand, action, proceeding, investigation, fine, or enforcement action that is caused by, arises out of, is connected with, or relates to any game, event, or real-world activity in which you are involved as an organizer, participant, promoter, or facilitator through the Services, regardless of whether the claimant is another user, a bystander, a property owner or occupier, an institution, a government body, a law enforcement agency, or any other person or entity; and
(f) any inaccurate, misleading, or false information you provide during registration or at any time thereafter, including but not limited to misrepresentation of your age, identity, parental consent, or eligibility to use the Services.
Game Organizer Indemnification. If you are a Game Organizer (as defined in Section 5), your indemnification obligations under this section extend, without limitation, to any claims arising from the manner in which you structured, configured, administered, or managed a game through the Services, including claims attributable to the conduct of Players or other participants to the extent that such conduct was directed, encouraged, incentivized, or foreseeably caused by your game structure, rules, instructions, or management decisions. This paragraph is in addition to, and does not limit, your indemnification obligations under the preceding paragraph.
Gross Negligence Carve-Out. Notwithstanding the foregoing, the indemnification obligations in this section shall not apply to the extent that such claims arise directly from the gross negligence or willful misconduct of Zinance Inc..
Consumer Protection Savings Clause. Nothing in this section requires you to indemnify the Indemnified Parties to the extent that such indemnification is prohibited by the Consumer Protection Act, 2002 (Ontario) or other applicable consumer protection legislation.
You agree to cooperate fully with Zinance Inc. in the defence of any claim subject to indemnification under this section. Zinance Inc. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Zinance Inc. in asserting any available defences.
13. Dispute Resolution
Before bringing any claim or commencing any proceeding, you agree to first attempt to resolve the dispute informally. To initiate the informal resolution process, you must send a written Notice of Dispute to admin@hxh.app. Your Notice of Dispute must include your current contact information, your full name and the email address associated with your Senior Assassin account, the specific relief you are seeking, and a description of the nature and factual basis of your claim. We will use good-faith efforts to respond to your Notice of Dispute and work with you toward a resolution. The period beginning on the date we receive your Notice of Dispute and ending forty-five (45) days thereafter is the "Informal Resolution Period."
No court proceeding or other legal action with respect to a dispute subject to this section may be commenced by either party before the Informal Resolution Period has expired. Nothing in the preceding sentence restricts either party from applying to a court of competent jurisdiction for emergency injunctive or interlocutory relief where necessary to prevent irreparable harm pending resolution of the dispute.
The running of any applicable limitation period -- including any period under the Limitations Act, 2002 (S.O. 2002, c. 24, Sched. B), any contractual limitation period under these Terms, and any period imposed by any other applicable statute -- is tolled and suspended for the duration of the Informal Resolution Period. The tolling begins on the date we receive your Notice of Dispute and ends on the earlier of: (i) the date the Informal Resolution Period expires; or (ii) the date the parties agree in writing that informal resolution has failed. Upon expiry of the tolling period, any affected limitation period resumes from the point at which it was suspended and does not restart.
If we cannot resolve a dispute informally, either party may bring an individual claim in the Small Claims Court of Ontario, where permitted.
These Terms do not require arbitration. To the extent permitted by applicable law, claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Nothing in this section limits any non-waivable rights you may have under applicable consumer protection laws.
14. Governing Law & Venue
These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by and shall be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to any conflict-of-law rules or principles that would result in the application of the laws of any other jurisdiction.
Subject to the exceptions set out below, you and Zinance Inc. agree that the courts located in Mississauga, Ontario shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to these Terms or the Services, and you consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.
If you are a consumer ordinarily resident in a Canadian province or territory whose consumer protection legislation grants you a non-waivable right to commence proceedings in the courts of your province or territory of residence -- including, without limitation, rights under the Consumer Protection Act (Quebec, CQLR c P-40.1, s. 19), the Business Practices and Consumer Protection Act (British Columbia, SBC 2004, c 2), or comparable legislation in your province or territory -- that right is preserved notwithstanding the preceding paragraph. Ontario law shall continue to govern the interpretation and construction of these Terms, except to the extent that the mandatory consumer protection laws of your province or territory of residence provide greater protection to you than the corresponding Ontario provisions, in which case those mandatory local protections shall apply to the extent required by applicable law.
If you are ordinarily resident in the European Union, the European Economic Area, the United Kingdom, or Switzerland, nothing in this section shall deprive you of any mandatory right to bring proceedings in the courts of your place of domicile or habitual residence as provided by Regulation (EU) No 1215/2012 (Brussels I Recast), Article 18, or the Consumer Rights Act 2015 (United Kingdom), or any equivalent or successor legislation applicable in your jurisdiction. In any such proceeding, Ontario law shall govern the interpretation of these Terms except to the extent that the mandatory consumer protection laws of your jurisdiction of residence require otherwise.
If any court of competent jurisdiction determines that the venue provisions of this section are invalid, illegal, or unenforceable in whole or in part with respect to a particular dispute, that dispute shall be heard by the court of competent jurisdiction nearest to Mississauga, Ontario that has jurisdiction over the parties and the subject matter. The invalidity or unenforceability of the venue provisions with respect to any particular dispute shall not affect the validity or enforceability of those provisions with respect to any other dispute.
15. App Store Compliance
The App is made available to you through the Apple App Store, Google Play Store, or other application distribution platforms (each, an "App Store"). This section sets out additional terms required by those App Stores. If there is a conflict between this section and the rest of these Terms, this section shall prevail with respect to the subject matter covered.
Agreement Between You and Zinance Inc.. You acknowledge and agree that these Terms are entered into solely between you and Zinance Inc., and not with Apple Inc. ("Apple"), Google LLC ("Google"), or any other App Store operator. Zinance Inc., not Apple, Google, or any other App Store operator, is solely responsible for the App and its content. To the extent these Terms provide usage rules for the App that are less restrictive than, or otherwise in conflict with, the applicable App Store terms of service, the more restrictive App Store terms apply.
License Scope. The license granted to you for the App is limited to a non-transferable license to use the App on any device that you own or control, as permitted by the usage rules set forth in the applicable App Store terms of service. You may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
Maintenance and Support. Zinance Inc. is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as otherwise required under applicable law. You acknowledge that Apple, Google, and any other App Store operator have no obligation whatsoever to furnish any maintenance or support services with respect to the App. Any inquiries regarding maintenance or support should be directed to admin@hxh.app.
Warranty. Zinance Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed elsewhere in these Terms. In the event the App fails to conform to any applicable warranty, you may notify the applicable App Store operator, and that operator may, in accordance with its own policies, refund the purchase price (if any) for the App to you. To the maximum extent permitted by applicable law, the App Store operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Zinance Inc.'s sole responsibility.
Product Claims. Zinance Inc., not Apple, Google, or any other App Store operator, is responsible for addressing any claims you or any third party may have relating to the App or your possession and use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of location data, camera access, or other device functionality. Nothing in this paragraph limits Zinance Inc.'s obligations to you under the Consumer Protection Act, 2002 (Ontario) or other applicable consumer protection legislation.
Intellectual Property Claims. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Zinance Inc., not Apple, Google, or any other App Store operator, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
Export Compliance. You represent and warrant that: (a) you are not located in a country that is subject to a Canadian government embargo or that has been designated by the Canadian government as a "terrorist supporting" country under the Special Economic Measures Act (Canada), the United Nations Act (Canada), or the Justice for Victims of Corrupt Foreign Officials Act (Canada); (b) you are not listed on any Canadian government list of prohibited or restricted parties, including the Consolidated Canadian Autonomous Sanctions List; (c) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country; and (d) you are not listed on any United States government list of prohibited or restricted parties, including the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List. You agree to comply with all applicable export and re-export control laws and regulations, including the Export and Import Permits Act (Canada), the U.S. Export Administration Regulations, and U.S. sanctions programs administered by the Office of Foreign Assets Control, in your use of the App.
Third-Party Beneficiaries. You acknowledge and agree that Apple, Google, and their respective subsidiaries are third-party beneficiaries of these Terms as they relate to the App, and that, upon your acceptance of these Terms, each such App Store operator will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. This does not create any obligation on the part of any App Store operator to you under these Terms.
16. Third-Party Content, Services, and Products
Third-Party Services
The Services integrate with, and depend upon, third-party services that are not owned or controlled by Zinance Inc., including without limitation:
- (a) mapping, geolocation, and satellite positioning services;
- (b) payment processing and billing services;
- (c) push notification delivery services;
- (d) cloud hosting and infrastructure services;
- (e) analytics and performance monitoring services;
- (f) authentication and identity verification services;
- (g) content delivery networks; and
- (h) application distribution platforms, including the Apple App Store and Google Play Store.
(collectively, "Third-Party Services").
Zinance Inc. does not warrant, represent, or guarantee the performance, accuracy, reliability, availability, or uninterrupted operation of any Third-Party Service. Zinance Inc. shall not be liable for any failure, error, delay, interruption, degradation, data loss, or security breach arising from or attributable to any Third-Party Service, regardless of whether Zinance Inc. has been advised of the possibility of such failure.
Your use of the Services may be subject to additional terms, conditions, and privacy policies imposed by the providers of Third-Party Services ("Third-Party Terms"). It is your responsibility to review and comply with any applicable Third-Party Terms. Zinance Inc. is not a party to any agreement between you and a third-party service provider and assumes no responsibility for the terms, practices, or conduct of any such provider.
Third-Party Content and Links
The Services may contain links to third-party websites, applications, or resources that are not owned or controlled by Zinance Inc.. Such links are provided solely for your convenience, and their inclusion does not constitute an endorsement, approval, or recommendation by Zinance Inc. of the linked content, products, services, or the entities that operate them.
Zinance Inc. has no control over, and assumes no responsibility for, the content, accuracy, privacy practices, availability, or opinions expressed on any third-party website or resource. You acknowledge and agree that Zinance Inc. is not responsible or liable, directly or indirectly, for any damage, loss, or harm caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party website or resource.
Third-Party License Passthrough
Certain features of the Services may incorporate materials, software, or data that are subject to license rights, terms, and restrictions imposed by third-party suppliers (collectively, "Third-Party Licenses"). Where Third-Party Licenses apply, your rights to use the affected features of the Services are expressly subordinate to, and conditioned upon compliance with, the applicable Third-Party Licenses.
In the event that Zinance Inc.'s rights under a Third-Party License are suspended, limited, or terminated for any reason, your rights to the affected features of the Services shall be correspondingly limited, suspended, or terminated, without liability on the part of Zinance Inc.. Where any provision of these Terms conflicts with a Third-Party License as it applies to the relevant third-party material, the Third-Party License shall govern to the extent of the inconsistency.
Consumer Protection Savings
Nothing in this section is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Consumer Protection Act, 2002 (Ontario) or any other applicable consumer protection legislation that cannot be lawfully excluded or limited.
If you believe that a service disruption, error, or issue is attributable to a Third-Party Service, you may contact Zinance Inc. at admin@hxh.app and Zinance Inc. will use reasonable efforts to help you identify the relevant third-party provider so that you may direct your inquiry or claim to the appropriate party.
17. General Provisions
Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed replaced by a valid, legal, and enforceable provision that most closely reflects the original intent of the parties as expressed in the original provision.
Force Majeure
Zinance Inc. shall not be liable or responsible for any failure or delay in the performance of its obligations under these Terms where such failure or delay results, directly or indirectly, from circumstances beyond Zinance Inc.'s reasonable control, including but not limited to:
- (a) server outages, data centre failures, or hardware or software malfunctions not caused by Zinance Inc.'s negligence;
- (b) interruption or failure of the internet, mobile or wireless networks, telecommunications infrastructure, GPS or satellite systems, or electrical power supply;
- (c) failure, degradation, or unavailability of third-party services, platforms, cloud infrastructure, hosting providers, application programming interfaces (APIs), push notification services, or app distribution platforms (including the Apple App Store and Google Play Store);
- (d) distributed denial-of-service (DDoS) attacks, cyberattacks, or other malicious interference with Zinance Inc.'s systems;
- (e) federal, provincial, municipal, or foreign government actions, orders, legislation, regulations, embargoes, or quarantines;
- (f) strikes, lockouts, or other labour disputes;
- (g) acts of God, fire, flood, earthquake, severe weather events, or other natural disasters;
- (h) war, armed conflict, terrorism, riot, civil unrest, insurrection, or sanctions;
- (i) epidemics, pandemics, or public health emergencies;
(each, a "Force Majeure Event").
During any Force Majeure Event, Zinance Inc.'s affected obligations under these Terms shall be suspended for the duration of the event. Zinance Inc. will use commercially reasonable efforts to mitigate the impact of the Force Majeure Event and to resume the affected Services as soon as reasonably practicable.
For greater certainty, no Force Majeure Event shall excuse your obligation to comply with these Terms, nor shall it entitle you to any refund, credit, or compensation except as may be required by applicable Ontario or federal consumer protection legislation.
Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms, in whole or in part, without the prior written consent of Zinance Inc.. Any purported assignment, transfer, or delegation without such consent shall be null and void and of no force or effect.
Zinance Inc. may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without notice to you, including to: (a) any affiliate or subsidiary; (b) any successor in interest by reason of merger, amalgamation, or reorganization; or (c) any purchaser of all or substantially all of Zinance Inc.'s assets or business to which these Terms relate.
These Terms shall be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns.
Waiver
No failure or delay by Zinance Inc. in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power, or privilege preclude any other or further exercise thereof. No waiver by Zinance Inc. shall be effective unless it is in writing and signed by an authorized representative of Zinance Inc.. A waiver given by Zinance Inc. on one occasion shall not be construed as a waiver on any other or subsequent occasion.
18. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. You will be notified of updates through the App, by email, or by an update to the posting of the Terms on our website.
19. Contact Information
If you have any questions about these Terms, please contact us at:
Zinance Inc.Email: admin@hxh.app