Terms of Service

Last updated at: Dec 15, 2023

We at PhotoDare Inc. have created PhotoDare to help people rediscover REAL life moments and share authentic stories. We are delighted you are interested in the PhotoDare experience and community, please also see our Privacy Policy and Community Guidelines, which relate to this document and how we deal with data.

These Terms of Service (called “Terms” for short) are a binding agreement between you and PhotoDare Inc. (sometimes referred to as “us”, or “we”), a corporation duly incorporated under the laws of the Province of Ontario, in Canada. These Terms govern your use of the­ PhotoDare Application (also called the “App” or “Application”), there are some areas where other terms of service may apply in addition to these Terms, if that is the case, we will clearly indicate that. By creating an account and/or accessing PhotoDare, you agree to be bound by and respect these Terms.

Welcome to the PhotoDare Application

The PhotoDare Application:
The Application which we provide includes the PhotoDare software, add-ons, DLC, updates, plug-ins, products, features, applications, services, and technologies which come with the App or are downloaded or provided by us to be installed into the App from time to time. It also includes all platforms, features, functionalities, content, and services offered by PhotoDare, whether accessed via a web browser, mobile application, or other means. This includes the website PhotoDare.ca, customer support, newsletters, presences on other social platforms, and other communications from us.

Offering Ways to Share Authentic Life Moments:
PhotoDare helps people rediscover REAL life moments and share authentic stories together with friends or by themselves. It aims to solve a problem: the images on social media can make us feel pressured to look cool, good looking, rich, and successful – everyone else’s life seems to look better than our own. So people tend to only post things that make them look good (social signalling), and the problem intensifies.

PhotoDare celebrates *all* the life moments we find photo-worthy, not just the cool-looking ones, so to help everyone counteract that impulse to curate what they share, we designed a shuffle game that goes along with ways to share photos and tell stories about them in a space that respects your privacy.

This gives people a more authentic peek into each others’ lives they wouldn’t see otherwise. It’s also a great way to rediscover all the life moments we captured but forgot to share anywhere.

Privacy First:
On PhotoDare your content is as private as you want it to be. All posts (called Dares) start out locked, and it’s up to you – or you and your friend if you make one together – to unlock it so other people can see and comment on it. If you create a Dare together with someone else, to respect the privacy of both parties, you both must agree to it being unlocked before it can be shared. You can then control visibility through choosing whether to share the link to the post, or post it to the Discover feed (the front page), and again if you co-created it with someone else, you both must agree before it can be posted to Discover.

Limitation of Liability for User Actions: Your Responsibilities in Content Sharing and Communication:
While there are safety, security, and privacy measures in place to protect your information and content on PhotoDare, any digital tool can be hacked with enough effort, sending data over the internet is never secure, and other people can share or copy content in ways we can’t control. For these reasons you should never share content you would not feel comfortable with others seeing, and use the App at your own risk.

When using PhotoDare, remember that any content you share may become public through various means beyond our control, such as unauthorized sharing or security breaches.

Therefore, you agree that:

o   You are solely responsible for the content you choose to share on PhotoDare and the consequences of any such sharing.

o   You will only share content that you are comfortable being made public, understanding the risks associated with digital sharing.

o   PhotoDare is not liable for any unauthorized use or sharing of your content by other users or third parties.

o   This includes any distribution, reproduction, or disclosure of your content by others once it is shared or posted.

o   To keep you, your friends, and the community safe from privacy and intellectual property violations, screenshotting, screengrabbing, screen recording, or distributing others’ content in any form without their express consent is strictly forbidden.

o   Please be mindful of your privacy, the privacy of others, and the information you choose to disclose while using PhotoDare, as the responsibility for such disclosures rests with you.

Inclusive Community:
It is important to us that the PhotoDare community which includes you and all users is a safe place which is inclusive and understanding of all members of the community. To keep our Application as safe as possible, we make use of all the information we have access to, including information and data you provide us with. We may share details and information with related companies or public authorities (like law enforcement, or government agencies) which we consider harmful, improper, or otherwise against these Terms or our Guidelines. Our Privacy Policy contains more information about how we might share information, and the steps we take to address suspected abuse and violation of these Terms and our other policies.

Processing information to create a more enjoyable experience:
Currently PhotoDare does not provide content recommendations or otherwise analyze content, however we plan to introduce features that analyze and process information in order to provide content recommendations, moderation, and generally ensure the safety of our community. These may employ AI-assisted processing methods and decision-making. You can read more in the Automated Decision Making section of the Privacy Policy.

International Community:
To provide the Service to users in diverse regions, we must transfer data in and out of those regions to our server and storage providers, which may result in your data being sent across borders. More details of this can be found in the Privacy Policy, see “Where Your Information is Transferred”. If you are an EU citizen and have concerns about your data being transferred to Canada or the USA, we ask that you please contact us at privacy@photodare.ca, or simply not use PhotoDare until we can better provide data centres in your region. We plan to implement data centres in more regions as we grow, however for now the data you share with us is stored in either Canada or the USA.

Advertising and Sponsored Content:
Currently PhotoDare does not serve ads, or offer tools for sponsoring posts, however to cover the costs of keeping the Application running, we intend to introduce these features. This may include features for helping the ads or sponsored content you see feel more relevant to you. We are committed to maintaining your privacy and will ensure choices and consent options are clear when any such features are rolled out. Rest assured we never sell your data and we collect the bare minimum amount of personal data from you needed to provide the Service. More details of this can be found in the Privacy Policy, in the “Future Advertising on PhotoDare” section.

Keeping Authentic Sharing Alive

While we would love to maintain the Application on positive vibes alone, we appreciate your understanding that we intend to include ads and sponsored content in order to make sure you can continue to enjoy the App. By using the Application and agreeing to these Terms, you are giving us permission to show you ads and sponsored content. In the future we may introduce features to make the ads or sponsored content you see more relevant to you. If these personalized features are rolled out, your personal data will not be shared or sold to third parties, and settings for opting out of the use of your data for these purposes will be provided alongside them. While it is not possible to know in advance how the personalized content features may be implemented, it is possible that certain reporting may be provided to third party partners that does not identify individual accounts, or personal and contact information, for example providing a partner with the number of impressions of an ad or content seen by parties in a specific geographical region like a city.

In order to keep the experience focused on authentic life moments as much as possible, at this time, PhotoDare does not encourage the promotion or sale of goods and services by individuals or businesses, but it is possible that some users may use the Application in this way. If you ever have concerns about how users are conducting themselves on PhotoDare, please check with the Community Guidelines and/or contact us at hello@photodare.ca.

PhotoDare Privacy Policy

While using the App requires the collection, use, and sharing of some of your information, we comply with the strictest international privacy guidelines including the GDPR (the EU), CCPA (California), and PIPEDA (Canada). Our Privacy Policy clearly explains how we safely collect, use, and share information as well as the ways in which you can manage consent, and control your information. We require that you agree and consent to our Privacy Policy to use the PhotoDare App.

This includes but is not limited to:

Information We Collect and How We Use It:
A complete list of the information we collect and how it is used is found in our Privacy Policy in the section linked here, titled “Information we collect and what it is used for”. This includes but is not limited to your account information; any and all content you upload; data we collect through your use of our website Photodare.ca; technical data we may collect including device characteristics and IP address; optional usage analytics; correspondence and interactions with you via email and social media; cookies and similar technologies; and data that may be collected by advertisers.

How You Can Manage, Delete, Update, and Request Your Information:
Deleting your information: your data can be deleted by you; PhotoDare; and in the event you create 2-Player Dares, by your co-creator. Your information and personal data is only retained as long as necessary, as further described in the Privacy Policy section linked here, titled “Data Retention”.

Managing your data:
We are committed to upholding your data rights, as described in the Privacy Policy section linked here, titled “Your Rights and Data Management”. This includes sub-sections including but not limited to Access and Rectification; Data Portability; Erasure and the Right to Be Forgotten, Objection and Restriction of Processing; Consent and Consent Withdrawal; Right to Non-Discrimination and the Right to Opt Out under the CCPA;

What You Promise To Do

To ensure that PhotoDare is accessible to as many friends and members of our community as possible, we need you to promise to follow some important rules, and by using the Application, you promise to follow these important rules. These rules can change from time to time, see the “Last Updated” date at the top of these Terms, our Community Guidelines and our Privacy Policy. By keeping your account active, you are promising to follow the most current rules.

Here are a few requirements you have to follow in order for us to make PhotoDare safe and inclusive to as many members of the PhotoDare community as possible.

  • You must read and use a common sense interpretation of the Community Guidelines, as well as show respect, tolerance, and good will for others while using the App and interacting with community members.

  • You have to be legal age in your country of residence, or SIXTEEN (16) years old (whichever is higher) to use this social media application. To register for an account you must confirm that you are at least this age to continue.

  • You cannot use this App if you have been convicted of being a sex offender in any country in the world.

  • You cannot create a new account if you have been banned for inappropriate behaviour, or contravention of these Terms, our Community Guidelines, or our Privacy Policy.

  • You must not be subject to restriction by law, legislation, or other restriction imposed by a public authority from accessing this type of social media application or any part of it.

  • You cannot have an account which was disabled by in the past due to contravention of these terms, any guidelines, policies, or laws or legislation.

  • While we do not take any ownership of the content you create or include in your use of PhotoDare, we do need to use the content in order to provide you and the PhotoDare community the Service, so by using the App, you agree to the following:

  • When you make or share a Dare, the content in the Dare is protected by copyright or other intellectual property rights. We need to get a non-exclusive (so it doesn’t interfere with you or anyone else using it), transferable or sub-licensable (we can give permission to others we work with or have a relationship with), license to use your content forever, throughout the universe (physical and virtual), and without any cost or payment to you or anyone else.

    The use we can make includes but is not limited to copying, altering, adapting, manipulating, or otherwise changing or creating new content or works, adding to, deleting from, combining with other content (authored by you or anyone or anyone else – including so called artificial intelligence), distributing, publishing, exhibiting, displaying or performing (publicly or privately), and otherwise using, changing, or exploiting your content. If content is locked and/or set to Private, we will not publicly make it available, rather only to you and any other person you have included in a Dare.

    If you unlock and/or set a Dare to Public or Public on Discover, all of the above rights apply including the public use. If you delete a Dare, we will do our best to remove the content from PhotoDare following our Data Retention Plan laid out in our Privacy Policy (see “Data Retention”), but cannot be responsible for any use that was or is made of the content outside of the Application including but not limited to how others may take screenshots or otherwise copy, post, or distribute your content. If you delete your account, we will remove your account and content in line with the Data Retention section of our Privacy Policy.

    You also recognize that we cannot be, and you agree not to hold us responsible for any use by others of the content which is inconsistent with our Terms and Community Guidelines.

  • Currently PhotoDare does not offer user social following features; activity visibility settings; ads; or sponsored content, however to improve the service and cover the costs of keeping the Application running, we intend to introduce these features. We have your permission to use your username, profile image, and any name, location, date of birth, relationship status, contacts, or other information you may include in your profile, as well as your activity (connections/friends/followers/likes/comments/etc.) in relation to your use of the App, your dares, and the content you provide. We may use this information for ads or sponsored content if, when the features become available, you provide that approval in your settings. For example, we may share that you liked sponsored content created by or with a Partner. Another example is if you interact, follow, comment on, or otherwise publicly associate with others’ accounts, including a Partner’s account, that association may be seen by users whom you have permitted to see your activity.

  • We have your permission to download and install updates to the Application on any devices you use to access your account. Any Policy or Terms that are in effect are accessible in the Settings screen of the Application at any time, as well as the website PhotoDare.ca, and the last updated dates are always visible at the top of these documents. Your continued use of the App means that you agree to use the Application and updates in accordance with any guidelines and policies. In some cases you will be notified by requiring an update and in other cases your notification will come in the form of us changing the last updated dates in the policies or guidelines, or in the event of significant changes,  you may be notified by email.

  • Any content you create, including photos, stories, comments, a profile using a username, profile image, or interactions you have with others, or other information which we consider inappropriate or inconsistent with our Community Guidelines, we have the right and permission to change or delete that information.

  • If your content includes anything protected by intellectual property rights which we have made available in the App (such as logos, audio, visual, or audio-visual material), we keep all our rights in the content we make available, but no additional rights in your content.

  • To keep you, your friends, and the community safe from privacy and intellectual property violations, screenshotting, screengrabbing, screen recording, or distributing others’ content in any form without their consent is strictly forbidden.

  • You can only use our intellectual property and trademarks with our prior written permission. Contact hello@photodare.ca with questions. You can only use our intellectual property and trademarks with our prior written permission. Contact hello@photodare.ca with questions.

  • You are not permitted to reverse engineer, decompile, or otherwise extract or access the source code for the App. Any detection of this type of activity will be reported immediately to the relevant authorities.

  • If you have gained access to source code, you promise not to modify it, distribute it, our use it to create any other applications, services, or similar products without express prior written permission from us at hello@photodare.ca for questions relating to such permission.

Some limits on how you use PhotoDare to maintain a safe and inclusive environment for the PhotoDare community:

  • No users are allowed to pretend to be someone else or give out false information to us or other users. While you do not need to give out your personal identity, when you register and interact with us, you do need to provide accurate and current information, some of which may be considered personal data.

  • Users may not create accounts for other people (real or fake) unless you have express permission to make an account for someone who does not already have and account.

  • Users are not allowed to use or encourage others to use PhotoDare for unlawful purposes, to mislead or defraud, or otherwise cause harm to others, nor for any restricted or unauthorized purpose, including in violation of these Terms, our Community Guidelines, or Privacy Policy.

  • Users must not inhibit the proper operating of the Application and must not try and interfere with the App’s functionality, including improper use of the App’s reporting function, dispute resolution services, or the similar features.

  • Users shall not use the Application to collect information from other users whether personally or through the use of bots or so called artificial intelligence tools.

  • Accounts are the property of PhotoDare and users are prohibited from selling, licensing, trading, transferring or receiving accounts or data (including confidential information) in whole or in part collected through the App.

  • Users are not permitted to share the private data or confidential information of others without the express permission of the owner. Similarly, users must not violate the intellectual property rights of others, including without limitation copyright, trademark, and the registrations, extensions, and renewals of the same. Nor shall users use the App for the marketing, promotion, advertising, or exploitation of any intellectual property infringing materials.

  • If you use anyone else’s work or include anyone else’s work or likeness in your use of the Application, you have to ensure you have the right or are within the appropriate exemptions of the applicable laws, including copyright laws.

  • You promise not to, not to attempt to, and not to encourage or facilitate others to reverse engineer modify, translate, alter, copy, or create derivative works of the App in whole or in part.

  • Do not illegally promote regulated goods or controlled substances including but not limited to firearms, tobacco, alcohol, and narcotics.

  • NSFW content is not permitted, including but not limited to nudity, sexual content, and gore.

  • Do not post anything related to suicide or self-harm, and if you think you might need help, please seek the help of loved ones and health professionals in your region.

What Happens if You Use PhotoDare in a Way it is Not Intended?

In some situations, we may be required to remove content you posted, restrict your access to PhotoDare, or even delete your account.

If we, in our sole discretion find that any content you post (photos, comments, anything you upload or contribute to the Application) contravenes or otherwise goes against these Terms, our Community Guidelines, or our Privacy Policy, we may remove any content or information provided by you. If the contravention is considered severe enough, if there are repeated contraventions, if we are required by a competent legal authority, or for any other reason deemed sufficient by us, we may temporarily or permanently block your access to the Application. In addition, if the contravention is considered severe enough, we may report your activity and share your information with authorities. We may at any time change these Terms or any Guidelines, or Privacy Policy, you can see the most recent ‘Updated’ date at the top of any of these.

To protect the integrity of our community and service, we reserve the right to suspend or terminate an account under certain circumstances. Grounds for such actions include, but are not limited to:

o    Repeated violations of our Community Guidelines;

o    Engaging in fraudulent, abusive, or illegal activities;

o    Posting or sharing content that infringes upon the rights of others;

o    Use of the service to harass, bully, or send unsolicited communications;

o    Creation of risks or legal exposure for our platform;

o    Interfering with other users' enjoyment of the service;

o    Any attempt to hack, destabilize, or adapt the service's underlying technology;

o    Misrepresentation of identity or provision of false account details.

We do not take these decisions lightly and will generally provide warnings for first-time or minor infractions. However, severe or repeated violations can result in immediate suspension or termination without prior notice. In cases where an account is terminated, the user will no longer have access to their account, and all associated content may be removed in accordance with the schedule laid out in the Data Retention section of the Privacy Policy.

If you think that your access to PhotoDare has been mistakenly restricted, please contact hello@photodare.ca.

If you would like to restrict your account temporarily, please contact hello@photodare.ca.

If you would like to delete your account, please do so through the delete account button in the Settings of the App, or contact hello@photodare.ca. While your content ceases being visible or accessible through the App immediately once you have activated the deletion, the full deletion process typically takes 31 – 90 days, and can take longer in accordance with our Privacy Policy, specifically the “Data Retention” section. For example additional delays may be caused by any steps we feel are necessary to secure the Service or protect our Commmunity, legal action, compliance with competent authorities and related regulations.

If you delete content that has been used by others in accordance with these terms, Privacy Policy, and Community Guidelines, that permission cannot be retroactively denied but will be denied going forward. For example this means if you shared a Dare with someone and then delete it, but they are still able to access it via a browser cache that has not been cleared, and they somehow make copies of this, this remains outside of our control and within their rights to use, however the content will no longer be accessible to anyone trying to load it for the first time moving ahead. 

For details relating to your privacy rights, including your right to be forgotten, our data retention measures and schedules please see our Privacy Policy, specifically “Your Rights and Data Management”.

Your Contributions to PhotoDare

We value your insights and are always eager to hear your suggestions and feedback on how we can improve your experience with PhotoDare. By submitting any ideas, feedback, suggestions, or proposals ("Contributions") to PhotoDare through any communication channel (including, but not limited to, the PhotoDare Application, email, or social media platforms), you acknowledge and agree that:

  • Your Contributions do not contain confidential or proprietary information;

  • PhotoDare is under no obligation of confidentiality, express or implied, with respect to the Contributions;

  • PhotoDare shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;

  • PhotoDare may have something similar to the Contributions already under consideration or in development;

  • Your Contributions automatically become the property of PhotoDare without any obligation to you; and

  • You are not entitled to any compensation or reimbursement of any kind from PhotoDare under any circumstances.

Termination of the Service by PhotoDare

We take pride in providing a platform for you to share and experience authentic life moments, but sometimes unforeseen circumstances may arise. In the event that PhotoDare needs to shut down the service or if our business closes for any reason, we commit to notifying you at least one month in advance. After this notice period, we will proceed to terminate the service. As outlined in the Data Retention section of our Privacy Policy, all user data will be permanently deleted following our established schedule and in accordance with legal and regulatory requirements. We will make every effort to ensure that the termination process is smooth and respectful of your data privacy.

How We Settle Any Arguments

Any and all disputes arising under this Agreement shall be resolved by binding arbitration in accordance with the provision of the [Arbitration Act 1990, S.O. 1991, c. 17,] or any successor legislation, as may be amended from time to time, by a single arbitrator, if the parties agree upon one, otherwise by three arbitrators, one chosen each party and the third chosen by the two arbitrators so appointed. The arbitration shall be determined by a decision of the sole arbitration shall be determined by a decision of the sole arbitrator or by a majority of the three arbitrators, as the case may be. There shall be no appeal from the award of the arbitrator(s) on questions of law, questions of fact of questions of mixed law and fact.

This Agreement shall hereby irrevocably be governed solely and exclusively by the laws of the Province of Ontario and of Canada applicable therein (with the exception of the provisions of conflicts of law), and the parties hereto irrevocably attorn to arbitration as above, and if deemed necessary by a court of competent jurisdiction that a court of law dispose of the matter, the parties irrevocably attorn to the sole and exclusive jurisdiction of the courts of Canada in the Province of Ontario in relation to any dispute arising under or relating to this Agreement.

Service and Warranties

PhotoDare service is provided “as is” without any express or implied warranties. While we strive to deliver a consistent and error-free experience, we cannot guarantee that the service will always function without disruptions, delays, or imperfections.

Disclaimer of Warranties: We hereby disclaim all warranties, express or implied, to the extent permitted by law. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

We limit our responsibility for anything that might happen as much as the law allows. If there is an issue with PhotoDare because no one can anticipate all possible consequences, you agree that we are not responsible or liable for things like lost profits, stolen data, lost revenues, breached or otherwise maliciously accessed data, harm to reputation or goodwill, so called consequential, special, exemplary, aggravated, emotional, punitive, or incidental damages whether direct or indirectly connected, and whether or not foreseeable or known.

User Conduct and Content

User Content and Interactions: You are solely responsible for your interactions with other users and your content. We do not control or direct users' actions on PhotoDare and are not responsible for the content or communications users transmit through the service.

Third-Party Interactions

Third-Party Services: Our service may contain links to third-party websites or resources. PhotoDare is not responsible or liable for the availability or accuracy of such resources or the content, products, or services on or available from such resources.

General Provisions

If any aspect of this agreement is unenforceable, the rest will remain in effect.

Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

We reserve all rights not expressly granted to you. Rights or obligations under this agreement cannot be transferred or assigned by you without our prior written consent. However, PhotoDare retains the right to transfer or assign its rights and obligations without restriction.

Business Transfers and Assignments

In the event of a business change such as a merger, acquisition, or asset sale, we may transfer our rights and obligations under this agreement to a third party.

Amendments and Updates

We reserve the right to update or change these Terms, our Privacy Policy, and our Community Guidelines at any time, and you should check these periodically. Your continued use of the Application after we post any modifications to these policies in their respective pages will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified policies or guidelines. The ‘last updated’ date of these are always indicated at the top of the documents.

The most current versions of our Terms, Privacy Policy and Community Guidelines will always be available on our website (PhotoDare.ca), and linked to in the Settings screen of the mobile app.

If you have any questions please contact us at hello@photodare.ca.