Skip to Content

PlayMeWhen Terms and Conditions

1. Introduction and Acceptance

Welcome to PlayMeWhen Inc. (“PlayMeWhen,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of PlayMeWhen’s services, website, and applications (collectively, the “Service”). By creating an account, submitting content, scheduling a capsule for future delivery, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

You represent that you are at least 13 years of age (or older if required by your jurisdiction) and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization or another person, you represent that you have authority to bind them to these Terms.

2. Definitions

For purposes of these Terms:

  • “Capsule” refers to any message, video, letter, audio recording, or other content scheduled via the Service for future delivery to designated recipient(s).
  • “Sender” refers to a user who creates or uploads a Capsule to be delivered in the future.
  • “Recipient” refers to an individual designated to receive a Capsule.
  • “Content” refers to any information, data, text, images, video, audio, or material uploaded to the Service, including Capsules and any associated messages or metadata.

3. User Accounts and Accuracy of Information

To use certain features of the Service, you may need to create an account. You agree to provide truthful, current, and complete information when creating your account and using the Service. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Contact Information: As a Sender, you must provide accurate and up-to-date contact information for yourself and for each intended Recipient of your Capsules. You agree to promptly update any changes to contact details (such as email addresses or phone numbers) to ensure Capsules can be delivered correctly. PlayMeWhen is not liable for failed or misdirected deliveries due to outdated or incorrect contact information provided by you.

4. User Content and Conduct

You retain responsibility for all Content you upload or create using the Service. You must only submit Content (including Capsules) that you have the right to use, and you must not violate any law or any person’s rights. By using the Service, you agree not to:

  • Upload or transmit any Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, or otherwise objectionable.
  • Upload or transmit any Content that infringes or misappropriates any third party’s intellectual property or privacy rights (for example, do not include copyrighted material or personal information about someone without permission).
  • Use the Service to impersonate any person or entity, or to misrepresent your affiliation with anyone.
  • Use the Service to send spam, unsolicited communications, bulk messages, or any form of advertisement or solicitation not authorized by PlayMeWhen.
  • Attempt to interfere with the normal operation of the Service, or engage in any activity that could harm or overburden our infrastructure. This includes prohibitions on introducing viruses, worms, malware, or any code of a destructive nature, as well as any attempt to gain unauthorized access to the Service or other users’ Capsules.
  • Attempt to circumvent the timing or delivery mechanisms of the Service (for example, by trying to access a Capsule before its scheduled delivery or by reverse engineering our system to retrieve Content early).

PlayMeWhen reserves the right (but has no obligation) to review, monitor, or remove any Content at our sole discretion. If any Content violates these Terms or applicable law, we may refuse to store it, remove it, or cancel its delivery, and we may report it to law enforcement authorities if appropriate. However, you acknowledge that we do not pre-screen all Content and are not responsible for any failure to remove or deliver particular Content.

5. Confidentiality and Proprietary Rights

PlayMeWhen’s Proprietary Information: You acknowledge that the Service, including its software, algorithms, processes, and any non-public features, are the confidential and proprietary property of PlayMeWhen. Any information about PlayMeWhen’s operations or technology that is not publicly disclosed (including communications about system design, security, or business practices) constitutes PlayMeWhen’s confidential information. You agree not to disclose, use, or exploit any such confidential or proprietary information for any purpose other than using the Service in accordance with these Terms.

No Reverse Engineering: You must not reverse engineer, decompile, or attempt to discover the source code or underlying trade secrets of the Service. All rights not expressly granted to you in these Terms are reserved by PlayMeWhen.

Feedback: If you provide feedback, suggestions, or ideas about the Service to PlayMeWhen, you agree that PlayMeWhen may use, modify, and incorporate them without any restriction or compensation to you. Such feedback is considered PlayMeWhen’s proprietary information as well.

6. Fees, Payments, and Refunds

Some features of the Service may be offered for a fee or subscription. If you choose to make a purchase or subscribe to a paid plan, you agree to pay the applicable fees and taxes. Payment terms (such as the price, billing frequency, and renewal terms) will be disclosed at the time of purchase. By providing a payment method, you authorize PlayMeWhen (or our third-party payment processor) to charge the designated payment method for all charges incurred.

No Refunds: All purchases and paid subscription fees are final and non-refundable, except where required by law. This includes but is not limited to:

  • Unused subscription/annual storage periods
  • Content that has not been delivered due to user error (e.g., incorrect contact information)
  • Any cancellation made after a billing cycle has started

We do not offer credits, partial refunds, or prorated returns under any circumstance, unless a jurisdiction’s consumer protection law requires us to do so.

If you cancel a subscription, you will retain access to the paid features until the end of the current billing period. After that, your subscription will not renew. We may change our pricing or payment terms at any time, but will notify you of any changes that affect your existing subscription before they take effect.

7. Ownership and License of User Content

Transfer of Ownership: By submitting or uploading any Content (including any Capsule) to the Service, you hereby transfer and assign to PlayMeWhen all rights, title, and interest in that Content, including any intellectual property rights therein, effective upon submission. This transfer of ownership is intended to protect the sender’s intent and to ensure PlayMeWhen has full legal authority to store and deliver the Content as scheduled, without interference from third parties. Exception – Right to Delete Before Delivery: As the Sender, you retain the right to delete or revoke a Capsule you have submitted at any time before its scheduled delivery. If you delete a Capsule prior to delivery, PlayMeWhen will permanently erase the Content and it will not be delivered to any Recipient.

Post-Delivery: Once a Capsule is delivered to the intended Recipient(s), those Recipient(s) may access the Content. PlayMeWhen is not responsible for, and has no control over, what Recipients do with the Content after delivery (such as saving, sharing, or re-publishing it). However, Recipients are bound by these Terms (see Section 9) to refrain from improper use of delivered Content.

Moral Rights and Intent: You agree that, by transferring ownership of the Content to PlayMeWhen, you waive any moral rights or rights of authorship in the Content to the fullest extent permitted by law, and you grant PlayMeWhen the discretion to carry out the delivery or disposal of the Content consistent with your indicated intent. You understand that neither the intended Recipient(s) nor any other third party has any right under these Terms to access a Capsule prior to its scheduled delivery. PlayMeWhen will not honor requests from Recipients or other parties for early access to any Capsule, except as may be required by law or valid court order. This policy is in place to preserve the Sender’s original intentions and to shield PlayMeWhen from any demands or pressure to release Content prematurely.

License Back to Sender: To the extent (if any) that you retain residual rights in the Content after transfer of ownership, you grant PlayMeWhen an irrevocable, perpetual, worldwide, royalty-free license to host, store, modify (for technical processing, e.g., compression or format conversion), and deliver the Content as needed to provide the Service.

Sender’s Responsibility: You represent and warrant that you have all necessary rights (and any required consents) to upload the Content and to designate the Recipients, and that the submission and future delivery of the Content will not violate any laws or rights of third parties. If the Content includes personal information about someone other than the Sender (for example, images or personal details of a Recipient or another person), you further represent that you have legal authority or consent to share that information via the Service.

8. Delivery of Capsules

PlayMeWhen will endeavor to deliver each Capsule to its intended Recipient(s) at the scheduled time or trigger specified by the Sender. However, we do not guarantee perfect or on-time delivery. By using the Service, you acknowledge and accept the following:

  • Potential Delays or Failures: Delivery of Capsules may be subject to delays or failures due to factors outside our control (such as incorrect contact information, inactive email accounts, spam filters, Recipient’s change of address, network outages, or technical issues). PlayMeWhen shall not be liable for any Capsule that is delivered late, that is not delivered, or that is delivered to an unintended recipient due to errors in the information provided by the Sender or issues beyond our reasonable control.
  • Recipient Access: In order to receive a Capsule, a Recipient may be required to create a PlayMeWhen account or confirm their identity. If a Recipient refuses to accept the Capsule, or fails to access it within a certain time period after notification, PlayMeWhen is not responsible for any loss of access to that Content. We may, but are not obligated to, remind Recipients or resend notifications.
  • Service Changes: PlayMeWhen may modify, suspend, or discontinue the Service (in whole or part) at any time. If the Service is discontinued or materially changed in a way that affects pending Capsules, we will make reasonable efforts to notify Senders and, if possible, provide a means to retrieve Content or otherwise address the situation.
  • No Emergency or Critical Use: The Service is not intended for emergency communications or time-sensitive critical delivery. You should not rely on PlayMeWhen for anything where a delay or failure could result in harm or damage.

9. Emotional Awareness and User Acknowledgments

Emotional Risks: Viewing or receiving a Capsule may be an emotional experience. Content might include heartfelt messages, farewells, surprises, or other emotionally charged material. You agree that you (whether as a Sender or Recipient) use the Service with the understanding of these emotional risks. PlayMeWhen is not liable for any emotional distress, upset, or psychological impact that may result from the Content of any Capsule or the manner in which it is delivered. You (and any Recipients) agree to hold PlayMeWhen harmless from any claims of emotional or mental distress arising from the Content or its delivery.

Recipient’s Responsibilities: If you are a Recipient of a Capsule, by viewing or accessing the Capsule you agree to these Terms and in particular acknowledge Sections 7, 8, 9, and 12. Recipients should view Capsules in an appropriate setting and are solely responsible for their own reactions and choices after viewing. If you choose to share or publicize any Content you receive, you do so at your own risk and responsibility.

PlayMeWhen does not monitor or control how Recipients use delivered Content; however, Recipients are expected to respect the Sender’s intent and privacy. PlayMeWhen will not be liable for any consequences arising from a Recipient’s decision to share or not share a Capsule.

10. Intellectual Property Rights (PlayMeWhen’s Content)

All content and materials provided by PlayMeWhen through the Service (excluding user-provided Content and Capsules) – including software, design elements, logos, trademarks, text, graphics, and compilations – are the intellectual property of PlayMeWhen or its licensors (“PlayMeWhen Materials”). PlayMeWhen Materials are protected by copyright, trademark, and other intellectual property laws.

PlayMeWhen grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and PlayMeWhen Materials for your personal, non-commercial use in accordance with these Terms. You may not copy, modify, distribute, perform, display, sublicense, or otherwise use any PlayMeWhen Materials except as expressly permitted by us in writing. You also agree not to remove or alter any copyright, trademark, or other proprietary notices on the Service.

11. Disclaimer of Warranties

The Service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, PlayMeWhen disclaims all warranties, express or implied, in connection with the Service and your use thereof. This includes, but is not limited to:

  • No Warranty of Performance: PlayMeWhen does not guarantee that Capsules will be delivered at any particular time or that the Service will be uninterrupted, timely, secure, or error-free. We make no warranty that any Content will be safely stored or not otherwise lost or damaged.
  • No Warranty of Content: We make no representations about the accuracy, completeness, or quality of any Content (including Capsules) provided by users. We do not endorse any user Content, and you rely on and view any Content at your own risk.
  • Disclaimed Implied Warranties: All implied warranties, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment are expressly disclaimed. No advice or information (whether oral or written) obtained from PlayMeWhen or through the Service shall create any warranty not expressly made herein.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you to the extent prohibited by law. In such cases, warranties are disclaimed to the fullest extent permitted under applicable law.

12. Limitation of Liability

To the maximum extent permitted by applicable law, PlayMeWhen (and its officers, directors, employees, agents, affiliates, and suppliers) shall not be liable to you or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or in connection with the Service or these Terms. This includes, without limitation, any damages for lost profits or revenues, loss of data, loss of goodwill, emotional distress or mental anguish, personal injury, pain and suffering, or any other intangible losses, even if we have been advised of the possibility of such damages.

In particular, PlayMeWhen shall not be responsible for:

  • Any harm resulting from your exposure to or use of any Content (including any emotional impact of receiving a Capsule).
  • Any damages or losses arising from delivery failures, delays, errors in delivery, or unauthorized access to Capsules.
  • The actions or omissions of any Recipient with respect to Content after delivery.
  • Any use of the Service that violates these Terms or any applicable law by any user.

Maximum Aggregate Liability: To the extent that any liability of PlayMeWhen is not otherwise excluded, to the fullest extent permitted by law, our total cumulative liability to you for all claims arising out of or relating to the Service or these Terms (whether in contract, tort, negligence, strict liability or otherwise) shall not exceed the lesser of: (a) the total amount (if any) you paid to PlayMeWhen for the Service in the 12 months preceding the event giving rise to liability, or (b) CAD $100.00.

Jurisdictional Limitations: Some jurisdictions (such as certain provinces, states, or countries) do not allow the exclusion or limitation of certain damages or liabilities. In such jurisdictions, our liability will be limited to the smallest amount permitted by law. Nothing in these Terms is intended to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited.

13. User Indemnity

You agree to indemnify, defend, and hold harmless PlayMeWhen and its officers, directors, employees, and agents from and against any and all claims, suits, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Service; (b) your Content (including any Capsule) and any effects or consequences of its delivery or disclosure; (c) your breach of these Terms; or (d) your violation of any law or any rights of a third party. PlayMeWhen reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if we do so, you agree to cooperate with our defense of that claim. This indemnity obligation will survive any termination or expiration of these Terms and your use of the Service.

14. Waiver of Claims and Covenant Not to Sue

Release: You hereby release and forever discharge PlayMeWhen (and its officers, directors, employees, and agents) from any and all claims, demands, causes of action, and damages of every kind and nature, known or unknown, arising out of or in any way related to your use of the Service or the Content delivered through the Service. You acknowledge that this release extends to any claims of negligence, but does not release any claims of gross negligence or intentional misconduct that cannot be released under applicable law.

Covenant Not to Sue: To the fullest extent permitted by law, you covenant and agree that you will not file or bring any lawsuit or legal proceeding against PlayMeWhen for any claims released above. This covenant not to sue is a fundamental condition of these Terms. If you or anyone on your behalf nonetheless initiates a claim in contravention of this covenant, you agree to be liable for any attorneys’ fees and costs incurred by PlayMeWhen in defending such action.

Some jurisdictions do not allow a preemptive covenant not to sue or a release of certain claims. In those jurisdictions, the above release and covenant apply to the maximum extent permitted, and do not waive any right you may have that is not waivable under law.

15. Dispute Resolution and No Class Actions

Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service that cannot be resolved amicably shall be settled by binding arbitration on an individual basis. You and PlayMeWhen agree to waive the right to a trial by jury or to participate in a class action for such disputes. The arbitration will be conducted in English and, unless otherwise required by law, in Ottawa, Ontario, Canada, under the rules of a mutually agreed-upon arbitration body or, if none can be agreed, the International Centre for Dispute Resolution (ICDR) Rules.

No Class or Consolidated Actions: You and PlayMeWhen agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, collective, consolidated, or representative action. An arbitrator shall have no authority to hear or arbitrate any class or collective action.

Exceptions: Notwithstanding the above, each party retains the right to seek injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property or data security rights. Also, to the extent you have in any manner violated or threatened to violate PlayMeWhen’s intellectual property rights or disclosed confidential information, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

Opt-Out: If you are a new user, you may opt out of the above arbitration agreement and class action waiver by providing written notice to us at legal@playmewhen.com within 30 days of first accepting these Terms, clearly stating your intention to opt out.

If for any reason the arbitration agreement is deemed unenforceable or illegal, or if you opt out, then you agree that any resulting judicial proceedings will be brought in the courts of the Province of Ontario or the federal courts of Canada (in Toronto), and you consent to venue and personal jurisdiction in such courts.

16. Governing Law

These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding any conflict-of-law principles. We recognize, however, that users may have certain consumer protection rights under the laws of their own jurisdictions. Nothing in these Terms is intended to limit any rights you have under mandatory law of your state, province, or country of residence, to the extent those rights are not waivable under contract.

17. Termination

PlayMeWhen may, in its sole discretion, suspend or terminate your account or your use of the Service at any time, with or without notice, if you violate these Terms or if we suspect fraudulent, abusive, or unlawful activity. We may also terminate the Service or any part of it at our discretion. If your account is terminated for violation of these Terms, any Capsules you have scheduled may be canceled and deleted at our discretion (especially if the Content violated our policies or law).

You may terminate your account at any time by contacting us or using any account deletion interface we provide. Upon termination by you, we will delete or de-identify your personal information and Content as described in our Privacy Policy (subject to any retention required for legal compliance). Note that terminating your account will generally cancel any pending Capsule deliveries unless you request otherwise and we agree in writing.

Sections of these Terms which by their nature should survive termination (including but not limited to provisions on content ownership, disclaimers, limitations of liability, indemnity, no-sue covenant, and dispute resolution) shall survive any termination or expiration of these Terms.

18. Changes to Terms

We reserve the right to modify or update these Terms at any time to reflect changes in our practices or for legal reasons. If we make material changes, we will provide notice to you (for example, by email or via the Service). The updated Terms will be indicated by an updated “Last Updated” date at the top. Your continued use of the Service after any such update constitutes your acceptance of the new Terms. If you do not agree to the amended Terms, you must stop using the Service and, if applicable, cancel any accounts.

19. Miscellaneous

Entire Agreement: These Terms, along with any additional policies or guidelines referenced (including our Privacy Policy), constitute the entire agreement between you and PlayMeWhen regarding the Service, and supersede any prior or contemporaneous agreements on the subject matter.

Severability: If any provision of these Terms is held to be invalid or unenforceable by a competent authority, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.

No Waiver: The failure of PlayMeWhen to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of PlayMeWhen.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. PlayMeWhen may freely assign these Terms, or any rights and obligations hereunder, to any affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law.

No Third-Party Beneficiaries: Except as expressly provided in these Terms, no person or entity who is not a party to these Terms will have any right to enforce any term of these Terms.

Headings: Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.

Language: The parties confirm that it is their express wish that these Terms, the Privacy Policy, and all related documents be drawn up in English. Les parties confirment leur volonté que cette convention, la politique de confidentialité, et tous les documents y afférents soient rédigés en anglais.

If you have any questions or concerns about these Terms, please contact us at legal@playmewhen.com.