Terms of Service

1. Agreement to Terms

By agreeing to these Terms in the App, creating an account or profile, or otherwise downloading, installing, accessing, or using the Choises application (the “App”) or the website at choises.tv (the “Site”), you agree to be legally bound by these Terms of Service (the “Terms”), including any terms and policies incorporated by reference in these Terms, and acknowledge that you have read and understood these Terms. The App is owned and operated by Montra Interactive Inc., doing business as Choises (“Choises,” “we,” “us,” or “our”). If you do not agree to these Terms, do not use the App.

By agreeing to these Terms in the App, you further agree that your electronic acceptance constitutes a legally binding signature, equivalent to a handwritten signature, and that these Terms are enforceable against you under applicable electronic commerce and electronic signature laws.

These Terms incorporate by reference our Privacy Policy, which is available within the App and at choises.tv/privacy. By agreeing to these Terms, you also acknowledge that you have reviewed and understand the data practices described in the Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy: (a) these Terms control for service and dispute matters; (b) the Privacy Policy controls for data handling, retention, and disclosure matters; and (c) mandatory Applicable Law always prevails over both.

Important Note – Limitation of Liability and Assumption of Risk: By accessing or using the App, you are agreeing to accept certain liability limitations and assume certain risks, which are further explained below and apply to the maximum extent permitted by Applicable Law.

Consumer Rights Notice: Nothing in these Terms is intended to exclude, restrict, or modify any rights or remedies that you may have under applicable consumer protection laws, privacy laws, or other mandatory legislation that cannot be excluded, restricted, or modified by agreement. Where any provision of these Terms conflicts with a non-waivable statutory right, that provision shall be read down or severed to the minimum extent necessary, and the remainder of these Terms shall continue in full force and effect.

2. Definitions

In these Terms, the following defined terms have the meanings set out below:

• “Shows”: The interactive video series, episodes, trailers, live premieres, and related material that Choises makes available in the App.
• “Votes”: The choices you make when a Show asks its audience to decide what happens next.
• “User Content”: Everything you write, upload, or otherwise provide through the App, including your profile information (full name, username, profile photo, and bio), comments, replies, reactions, Votes, and feedback.
• “Applicable Law”: All laws, regulations, and legal requirements applicable to you or to Choises in connection with the App, including consumer protection, privacy, and data protection legislation.

3. Description of Service

Choises is an entertainment app for watching interactive Shows. When a Show reaches a decision, its audience votes, and the result decides what happens next. You can watch, vote, comment in a Show’s live chat, follow Shows, and be notified when new episodes release.

Choises is in early access. Shows, episodes, live premieres, and features may change, arrive later than planned, or not arrive at all. Release goals announced in the App, such as releasing an episode once a Show reaches a number of subscribers, are goals and not promises.

Choises is for entertainment. Shows are fiction and may include fictional people, places, and events.

4. Votes and the Story

Votes are for fun. We may run, count, display, and close Votes as we see fit, including by combining Votes from different viewers, sessions, or regions. We do not guarantee that your choice will win, that a particular outcome will be shown, or that a Vote will run at all. Where a Show is watched after its live premiere, it may follow the audience’s earlier result rather than your choice.

5. Assumption of Risk

BY USING THE APP, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE APP. YOU ACKNOWLEDGE AND AGREE THAT THE APP PARTIES (DEFINED BELOW) HAVE NOT MADE ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS ABOUT OUTCOMES, AVAILABILITY, OR RELIANCE ON INFORMATION STATED IN, OR OTHERWISE COMMUNICATED VIA, THE APP.

You acknowledge, agree, and understand that you assume any and all risks in connection with your use of the App and that no results are guaranteed by Choises, its affiliates, agents, representatives, contractors, licensors, licensees, and any other person or entity involved in the organization, administration, preparation, or execution of the App, and each of their respective owners, officers, directors, shareholders, employees, successors, transferees, assignees, and licensees (collectively, the “App Parties”).

Due to the nature of the Internet, the App Parties cannot guarantee that your access to the App will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates. To the maximum extent permitted by law, the App Parties will not be liable to you should the App or a live premiere become unavailable, slow, or incomplete for any reason.

Safety: Do not watch Shows while driving or doing anything that requires your full attention. If any Show or content causes distress or discomfort, stop using the App. This assumption of risk does not limit or exclude any rights or remedies available to you under the Ontario Consumer Protection Act, 2002, or other non-waivable consumer protection legislation applicable in your jurisdiction.

6. Eligibility

You must be at least 13 years of age to use the App. By creating a profile and using the App, you represent and warrant that you are at least 13 years old and meet the minimum age required in your jurisdiction to use the App. If you are a minor where you live but are at least 13, you represent and warrant that you have obtained permission from your parent or legal guardian to use the App, who has agreed on your behalf and on their own behalf that each of you will be legally bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of an eligible minor, you are fully responsible for that minor’s access to and use of the App in accordance with these Terms and for any legal liability that minor may incur in connection with it.

Users under 13 are not permitted to create a profile or use the App. If we learn or reasonably suspect that a user is under 13 or that age-related representations are false, we may suspend or terminate their account and delete their personal information.

You must comply with all Applicable Laws in the course of using the App.

7. User Accounts and Data

To use the App’s features, you create a profile, which may be connected to your Apple ID through Sign in with Apple. During sign-up and ongoing use, you will provide personal information, including your full name, username, an optional profile photo and bio, your date of birth, comments, Votes, and the Shows you follow. The App also collects usage data, such as what you watch and how you use its features, as described in our Privacy Policy. You are responsible for maintaining the confidentiality of your account and for all activities that occur under it.

You agree to provide accurate, current, and complete information during sign-up and throughout your use of the App.

Account Deletion: You may request deletion of your account and associated personal data at any time by contacting us at support@montra.com or through the App’s settings. Upon receiving a valid deletion request, we will delete or anonymize your personal information within thirty (30) days, subject to any legal obligations requiring longer retention, as described in our Privacy Policy. Account deletion is permanent and irreversible.

8. User Content License

You retain the rights you have in your User Content. Choises requires the license described below so that we can operate, provide, improve, and protect the App. This license does not transfer those rights to Choises.

By submitting User Content through the App, you grant Choises a non-exclusive, royalty-free, sublicensable, worldwide license to host, store, reproduce, display, transmit, and distribute your User Content solely for the following purposes:

• Showing your profile, comments, replies, and reactions to other viewers in the App.
• Counting your Votes and showing the audience’s results.
• Operating, maintaining, and improving the App’s functionality, performance, safety, and security.
• Creating de-identified, aggregated data sets that cannot reasonably be used to identify you, for service improvement and analytics.

You represent that you have obtained all necessary permissions for any person identified in or implicated by your User Content.

This license continues for as long as your account is active and for a reasonable period thereafter as necessary to fulfill the purposes above. Upon account deletion, this license terminates except with respect to de-identified and aggregated data that can no longer be linked to you, and except where retention is required by Applicable Law.

9. Purchases

Choises is currently free. If we offer paid features in the future, they will be sold through the Apple App Store, billing will be managed entirely by Apple and subject to its terms, and refunds will be handled by Apple according to its policies. We will describe any such features, and any additional terms that apply, before you buy them.

10. Acceptable Use

You agree not to:

• Use the App for any unlawful, harmful, or fraudulent purpose.
• Harass, threaten, bully, impersonate, or demean anyone, including other viewers, cast, and crew.
• Post hate speech, sexual content involving minors in any form, sexually explicit content, or content that facilitates self-harm, harm to others, or any unlawful activity.
• Post spam, advertising, or solicitations, or spoilers meant to ruin a Show for others.
• Manipulate Votes, for example with multiple accounts, bots, scripts, or other automated means.
• Use automated systems, bots, scrapers, or other non-human means to access or interact with the App.
• Attempt to reverse engineer, decompile, disassemble, or derive the source code of the App, or interfere with or disrupt its servers, networks, or infrastructure.
• Record, copy, redistribute, or rebroadcast Shows outside the App.
• Share your account or allow others to use it.
• Post content that infringes anyone’s copyright, trademark, privacy, or publicity rights, or that you do not have the right to share.

Choises may remove, restrict, or limit the visibility of any content, and suspend or terminate accounts, that violate this Section 10 or Applicable Law, at any time and by automated means or otherwise. You can report comments and block other users in the App. Choises is under no obligation to monitor or review content, and its decision not to act on a particular violation does not waive its right to act later.

11. Intellectual Property

The App, the Site, and the Shows, including their characters, stories, footage, music, artwork, design, features, branding, and all associated intellectual property, are owned by Montra Interactive Inc. or its licensors and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the App and watch the Shows for personal, non-commercial purposes in accordance with these Terms. You may share Shows using the App’s sharing features, but you may not copy, sell, or reuse them elsewhere.

Feedback: If you provide Choises with any feedback, suggestions, ideas, or recommendations regarding the App or the Shows (“Feedback”), you grant Choises a perpetual, irrevocable, worldwide, royalty-free license to use such Feedback for any purpose without compensation or attribution to you. You are not obligated to provide Feedback.

12. Limitation of Liability

THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT CONSISTENT WITH APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MONTRA INTERACTIVE INC. AND ALL OTHER APP PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, EVEN IF AN APP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, THE APP PARTIES SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM:

• Content posted by other viewers, including comments and reactions.
• The outcome of any Vote, or a Show, episode, or premiere being changed, delayed, or not released.
• Interruptions, delays, or failures of the App, live premieres, or its services.
• Unauthorized access to or alteration of your data or transmissions.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHOISES’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

Exceptions: The limitations and exclusions in this section do not apply to: (a) liability arising from Choises’ fraud, willful misconduct, or gross negligence; (b) liability for death or personal injury caused by Choises’ negligence, to the extent such liability cannot be limited by Applicable Law; or (c) any other liability that cannot be excluded or limited under Applicable Law.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP, THE SHOWS, AND ALL FEATURES AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH ANY PARTICULAR DEVICE.

This disclaimer does not affect any warranties that cannot be excluded or limited under Applicable Law, including non-waivable consumer guarantees.

14. Indemnification

To the maximum extent permitted by Applicable Law, you agree to indemnify, defend, and hold harmless Montra Interactive Inc. and all other App Parties from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the App; (b) your violation of any Applicable Law or the rights of any third party; (c) any User Content you provide; or (d) your breach of these Terms. This obligation does not apply to the extent the claim arises from Choises’ own fraud, willful misconduct, or gross negligence.

15. Third-Party Services

The App relies on third-party services to provide its functionality, including Apple (Sign in with Apple, the App Store, and notifications) and cloud infrastructure and hosting providers. Your use of the App may be subject to the terms and policies of these providers. The providers that receive your personal information are identified in our Privacy Policy. Choises is not responsible for the availability or conduct of these third-party services, to the maximum extent permitted by Applicable Law.

16. Force Majeure

Choises shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay results from circumstances beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government actions, power outages, internet or telecommunications failures, cyberattacks, and failures or outages of third-party service providers or app store platforms.

17. Modifications to Terms

Subject to Applicable Law, Choises may modify these Terms or suspend or discontinue the App, in whole or in part, at any time. We will notify you of material changes by posting the updated Terms within the App or on the Site, or by other reasonable means, and where Applicable Law requires prior notice of an amendment, we will provide it at least thirty (30) days before the change takes effect. Your continued use of the App after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App and may request account deletion.

18. Notices

All legal notices from you to Choises must be sent by email to support@montra.com or by mail to Montra Interactive Inc., 200 Bay Street, North Tower, Suite 1200, Toronto, ON M5J 2J2, Canada. Choises may send notices to you via push notification, in-app message, or the contact information associated with your account.

19. Termination

Choises may suspend or terminate your access to the App at any time for violation of these Terms, fraudulent or abusive conduct, security concerns, legal compliance requirements, or other reasonable cause. We will use reasonable efforts to provide notice, except where immediate suspension is necessary to protect the App or to comply with legal requirements. You may stop using the App at any time by logging out or deleting it.

Upon termination, your right to use the App will immediately cease, and your personal data will be handled in accordance with our Privacy Policy. Sections 2, 5, 7, 8, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, and 22 shall survive any termination of these Terms.

20. Governing Law, Dispute Resolution, and Class Action Waiver

20.1 Governing Law

For residents of jurisdictions excluding Quebec, Canada: These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles, and you submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto.

For residents of Quebec, Canada: These Terms are governed by the laws of Canada and the Province of Quebec, and you submit to the exclusive jurisdiction of the courts of the Province of Quebec in the City of Montreal.

20.2 Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCLUDES RESIDENTS OF QUEBEC, BRITISH COLUMBIA, ALBERTA, SASKATCHEWAN, AND ONTARIO.

To the extent permitted by Applicable Law, you and Choises agree that any dispute arising out of or relating to these Terms or the App (“Disputes”) shall be resolved through final and binding arbitration administered by the ADR Institute of Canada (ADRIC), conducted in English in Toronto, Ontario, except that either party may bring individual claims in small claims court and either party may seek injunctive relief to prevent the infringement of intellectual property rights. This provision does not apply where Applicable Law in your jurisdiction prohibits mandatory arbitration of consumer disputes. Each party shall bear its own costs unless the arbitrator determines that Applicable Law requires otherwise.

20.3 Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCLUDING RESIDENTS OF QUEBEC, BRITISH COLUMBIA, SASKATCHEWAN, AND ONTARIO, YOU AND CHOISES AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND YOU WAIVE ANY RIGHT TO A JURY TRIAL.

20.4 Court Venue Fallback

Where arbitration does not apply, any Disputes shall be resolved exclusively in the courts located in Toronto, Ontario, Canada, except where Applicable Law in your jurisdiction requires that disputes be resolved in your local courts.

20.5 Opt-Out Right

You may opt out of Sections 20.2 and 20.3 by sending written notice to support@montra.com within thirty (30) days of first accepting these Terms, including your name, mailing address, and a clear statement that you wish to opt out of arbitration.

21. General Provisions

21.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions shall continue in full force and effect.

21.2 Non-Waivable Rights

Nothing in these Terms excludes, restricts, or modifies any rights that you have under Applicable Law that cannot be excluded, restricted, or modified by agreement, including non-waivable consumer protection and statutory privacy rights.

21.3 Entire Agreement and Waiver

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Choises regarding the App. Choises’ failure to enforce any provision shall not constitute a waiver of that provision.

21.4 Electronic Communications

By using the App, you consent to receive communications from Choises electronically, including via push notifications and in-app messages, and agree that these satisfy any legal requirement that communications be in writing.

21.5 Assignment

Choises may assign or transfer these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets. You may not assign or transfer these Terms without Choises’ prior written consent.

21.6 International Users and GDPR

If you are located in the European Economic Area, the United Kingdom, or Switzerland, nothing in these Terms limits any rights you have under the GDPR that cannot be limited by contract. See Section 10 of our Privacy Policy.

21.7 Export Controls

You represent that you are not located in, or a national or resident of, any country subject to applicable trade sanctions or embargoes, and that you are not on any applicable restricted party list.

21.8 Early Access and Beta Features

Features designated as early access, beta, or preview are provided “as is,” may contain errors, and may be modified or discontinued at any time without notice.

22. App Store Additional Terms

If you access the App through the Apple App Store, these Terms are between you and Choises only, and not with Apple Inc. (“Apple”). Apple is not responsible for the App or its content. Choises, not Apple, is solely responsible for the App, including maintenance, support, warranty (to the extent not disclaimed), and any claims relating to the App (including product liability, legal compliance, and intellectual property). Apple has no obligation to provide maintenance or support for the App. In the event of a failure to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if applicable); Apple has no other warranty obligation. Apple is a third-party beneficiary of these Terms and may enforce them against you.

You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms when using the App (e.g., your wireless data plan terms).

23. Contact Information

If you have any questions about these Terms, please contact us at: