Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of the SIM Picture Cards platform ("Service") operated by CanBeeDone ("Company," "we," "our," or "us"). The Service is accessible at canbeedone-cards.vercel.app and related domains.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.

2. Description of Service

SIM Picture Cards is a digital facilitation platform that provides:

• Access to professionally curated picture cards for facilitation and coaching
• Real-time collaborative session management
• Tools for group engagement and response collection
• Session administration and participant management features
• Integration with the Stori Improv Mapping™ (SIM) methodology

3. User Accounts and Registration

3.1 Account Creation

To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason we deem appropriate.

4. Plans and Fees

The Service offers a free plan as well as paid plans with higher limits. Paid plans are arranged directly with us and activated on your account. Plan features and limits may change with reasonable notice.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service for legitimate facilitation, coaching, and educational purposes in accordance with these Terms.

5.2 Prohibited Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Share inappropriate, offensive, or harmful content
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to the Service or other users' accounts
• Upload malicious code or attempt to disrupt the Service
• Use the Service for commercial purposes outside the scope of facilitation and coaching
• Reproduce, distribute, or create derivative works from our picture cards without permission
• Reverse engineer or attempt to extract the source code of the Service

6. Intellectual Property Rights

6.1 Our Content

The Service and its original content, features, and functionality are owned by CanBeeDone and are protected by international copyright, trademark, and other intellectual property laws. The picture cards, Stori Improv Mapping™ methodology, and related materials are proprietary to CanBeeDone.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service and access the picture cards solely for your permitted use.

6.3 User Content

You retain ownership of any content you create or submit through the Service. By using the Service, you grant us a license to use, store, and display your content as necessary to provide the Service.

7. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain the Service's availability but cannot guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or other operational reasons.

8.2 Service Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time. We will provide reasonable notice of significant changes that materially affect your use of the Service.

9. Disclaimers and Limitation of Liability

9.1 Service Disclaimer

THE SERVICE IS 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.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CANBEEDONE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

9.3 Maximum Liability

Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless CanBeeDone and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorney fees) arising out of or relating to your use of the Service or violation of these Terms.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA), or through the courts of South Africa if arbitration is not applicable.

12. Termination

Either party may terminate these Terms at any time. Upon termination:

• Your access to the Service will cease
• All licenses granted to you will terminate
• Provisions that by their nature should survive termination will continue in effect

13. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on the Service and updating the "Effective Date." Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

15. Contact Information

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