Terms of Service

These Terms of Service ("Terms") form a binding legal agreement between you ("you" or "user") and Pixelnest Inc., the company that operates HotFriday ("HotFriday", "we", "us" or "our"). They govern your access to and use of the HotFriday website at hotfriday.com and any related pages, content, forms and services (together, the "Service").

By accessing or using the Service, or by submitting any information through it, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree, you must not access or use the Service.

"Content" means any text, graphics, logos, images, data and other materials made available through the Service. "Submission" means any information you provide to us through the Service, including waitlist, seller, brand and contact details. "Seller" and "Brand" mean businesses that apply to participate in the HotFriday marketplace.

The Service is intended solely for adults who are at least 18 years of age, or the age of majority in their jurisdiction if higher, and who are able to form a legally binding contract. By using the Service you represent and warrant that you meet these requirements.

The Service is not directed to, and may not be used by, anyone under the age of 18.

HotFriday is a curated online marketplace for intimate wellness, pleasure and lifestyle products that connects shoppers with independent sellers and brands.

Some features of the Service are still being prepared and are not yet generally available. During this period, the Service primarily allows you to register your interest, apply as a seller or brand, and contact us. We may add, change, suspend or discontinue any part of the Service at any time without liability to you.

When you make a Submission, you agree to provide accurate, current and complete information and to keep it up to date. You are responsible for your Submissions and for any activity carried out using your information.

By making a Submission, you consent to our contacting you about HotFriday, including by email, in accordance with our Privacy Policy. You may opt out of non-essential communications at any time.

Applications to take part as a Seller or Brand are an expression of interest only. They do not create any partnership, agency, joint venture or employment relationship, and they do not oblige us to onboard or transact with you. We evaluate applications at our sole discretion and may accept, decline or request further information.

Any future participation in the marketplace will be governed by separate seller or brand agreements.

You agree not to: (a) use the Service for any unlawful, fraudulent or harmful purpose; (b) submit false, misleading or infringing information; (c) attempt to gain unauthorised access to the Service or its systems; (d) interfere with or disrupt the integrity or performance of the Service; (e) introduce malware or other harmful code; (f) scrape, harvest or collect data from the Service without our consent; or (g) use the Service in violation of any applicable law or of these Terms.

The Service and all Content other than your Submissions — including the HotFriday name, logos, design, text and graphics — are owned by or licensed to Pixelnest Inc. and are protected by intellectual-property and other laws. We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Service for your personal, non-commercial use, subject to these Terms. You may not copy, reproduce, modify, distribute or create derivative works from the Service without our prior written consent.

You retain ownership of your Submissions, but you grant us a worldwide, royalty-free licence to use, store and process them as needed to operate the Service and respond to you.

The Service may contain links to third-party websites or services that we do not control. We are not responsible for their content, policies or practices. Your use of any third-party site or service is at your own risk and is subject to that third party's terms.

The Service is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, or that any information provided through it is accurate or complete. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the fullest extent permitted by law, Pixelnest Inc. and its directors, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to your use of, or inability to use, the Service — even if we have been advised of the possibility of such damages.

To the extent we are found liable, our total aggregate liability will not exceed one hundred Canadian dollars (CAD $100). Nothing in these Terms limits any liability that cannot be limited under applicable law.

You agree to indemnify and hold harmless Pixelnest Inc. and its representatives from and against any claims, damages, liabilities, losses and expenses (including reasonable legal fees) arising out of or related to your Submissions, your use of the Service, or your breach of these Terms or of any applicable law.

We may suspend or terminate your access to the Service at any time, with or without notice, including if we believe you have violated these Terms or applicable law. Provisions that by their nature should survive termination — including those on intellectual property, disclaimers, limitation of liability and indemnification — will survive.

We may update these Terms from time to time. When we do, we will revise the "last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-laws principles. You agree that the courts located in Toronto, Ontario will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, subject to any non-waivable rights you may have under the consumer-protection laws of your place of residence.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of it. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.

Questions about these Terms can be sent to hello@hotfriday.com, or by mail to Pixelnest Inc., 240 Richmond Street W, Toronto, ON M5V 1V6, Canada.