Terms of Service

Last updated: Jan 8, 2026

These Terms of Service (“Terms”) govern access to and use of the Prism web application and related online services (collectively, the “Service”) provided by Adventure Capital Inc. (operating as “Adventure 33”), based in Thornhill, Ontario, Canada (“Adventure 33”, “we”, “us”, or “our”).

By accessing or using the Service, you (“User”) agree to these Terms on behalf of the organization that has entered into a contract with Adventure 33 (the “Customer”). If you do not agree to these Terms, do not access or use the Service.

B2B only. Prism is provided solely for business and professional use. The Service is not intended for consumers or the general public.

1. Relationship with signed agreements

If Customer has entered into a separate written agreement with Adventure 33 (for example, a Master Service Agreement, Order Form, or Statement of Work) (an “MSA”), and there is a conflict between that MSA and these Terms, the MSA will prevail to the extent of the conflict.

These Terms apply to all access to and use of the Service, including where there is an MSA in place.

2. Authorized users and accounts

2.1 Eligibility. Users must be employees, contractors, or authorized representatives of a Customer. The Service is not offered to individuals for personal use.

2.2 Account responsibility. Customer is responsible for:

  • Ensuring that only authorized Users access the Service;

  • Maintaining the confidentiality of login credentials; and

  • All activities that occur under its accounts.


2.3 User obligations. Users must:

  • Provide accurate information when creating and using accounts;

  • Keep credentials secure and not share them outside their organization; and

  • Comply with all applicable laws and these Terms.


3. Customer data

3.1 Customer Data definition. “Customer Data” means all information and content submitted to or stored in the Service by or on behalf of Customer, including:

Metadata triggers, activity audit logs; audio assets, broadcast event schedules and related configuration data.

3.2 Ownership. Customer retains all rights, title, and interest in and to Customer Data. Adventure 33 does not claim ownership of Customer Data.

3.3 License to provide the Service. Customer grants Adventure 33 a non-exclusive, worldwide, royalty-free license to host, process, store, transmit, display and otherwise use Customer Data solely:

To provide, maintain, secure, and improve the service; and as otherwise instructed in writing by Customer.

3.4 Data protection and processing. To the extent Adventure 33 processes personal information in Customer Data on behalf of Customer, Adventure 33 acts as a service provider/processor and will:

  • Use such personal information only to provide the Service and as permitted by the applicable agreement and law;

  • Implement reasonable technical and organizational measures to protect such information; and

  • Assist Customer, where reasonable, in meeting applicable privacy obligations, taking into account the nature of the Service.


4. Permitted and prohibited use

4.1 Permitted use. Customer and its Users may use the Service solely:

  • For Customer’s internal business purposes; and

  • In accordance with these Terms and any applicable MSA.


4.2 Prohibited activities. Customer and Users must not:

  • Use the Service in any way that violates applicable law;

  • Attempt to gain unauthorized access to the Service or its underlying systems;

  • Interfere with or disrupt the integrity or performance of the Service;

  • Use the Service to store or transmit malicious code or spam; or

  • Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by law.

  • Adventure 33 may investigate suspected violations and may involve law enforcement where legally required or appropriate.


5. Service availability and changes

5.1 Availability. Adventure 33 will use commercially reasonable efforts to make the Service available. Unless expressly agreed in an MSA, no specific uptime or availability service level is guaranteed.

5.2 Modifications. We may update or modify the Service from time to time, including by adding, changing or removing features, provided such changes do not materially degrade the core functionality provided under Customer’s current agreement.

5.3 Planned maintenance. Adventure 33 may conduct planned maintenance that may temporarily affect availability. Where practical, we will schedule such maintenance to minimize disruption and provide notice through appropriate channels.

6. Security

Adventure 33 implements administrative, technical and physical safeguards designed to protect the Service and Customer Data, including:

  • HTTPS/TLS 1.3 encryption for data in transit;

  • Encryption at rest for databases and storage used for the Service;

  • Role-based access controls; and

  • Optional multi-factor authentication (MFA) features.


No system can be guaranteed to be completely secure, but we work to maintain a level of security appropriate to the nature of the service and the data we process.

7. Suspension and termination

7.1 Suspension. We may suspend access to the Service (in whole or in part) if:

  • Customer or a User materially breaches these Terms or an MSA;

  • There is a failure to pay fees owed under an applicable agreement; or

  • We reasonably believe suspension is necessary to protect the Service, Customer Data, other customers, or third parties (for example, in cases of suspected security incidents or abuse).


Where practical, we will provide reasonable notice before suspension. In urgent cases (e.g., security risk, abuse), we may suspend immediately and notify Customer as soon as reasonably possible.

7.2 Termination by Customer. Customer may terminate its use of the service as permitted under its MSA or other written agreement with Adventure 33.

7.3 Termination by Adventure 33. We may terminate access to the Service:

  • In accordance with any applicable MSA; or

  • If no MSA exists, by providing reasonable advance notice to Customer.


7.4 Effect of termination. Upon termination:

  • Customer’s and Users’ access to the Service will cease; and

  • Adventure 33 will handle Customer Data in accordance with Section 8 (Data retention and deletion) and any applicable MSA.


8. Data retention and deletion

Adventure 33 retains Customer Data for the duration of the engagement and for a limited period thereafter as required to:

  • Comply with legal obligations;

  • Maintain necessary business records; or

  • Resolve disputes and enforce agreements.


Upon Customer’s written request and subject to applicable law and any MSA, Adventure 33 will delete or return Customer Data within a reasonable timeframe. Certain logs and backup copies may be retained for a limited period consistent with our backup and security practices.

9. Intellectual property

The Service, including all software, user interfaces, design, and underlying technology, is owned by Adventure 33 and its licensors and is protected by intellectual property laws. These Terms do not grant Customer or Users any rights to the Service or related intellectual property except as expressly set out here.

Customer may provide feedback or suggestions about the Service. Adventure 33 may use such feedback without restriction or obligation.

10. Disclaimers

To the fullest extent permitted by law, the Service is provided on an “as-is” and “as-available” basis. Adventure 33 does not warrant that:

  • The Service will be uninterrupted, error free, or completely secure; or

  • The Service will meet Customer’s specific requirements, except as expressly set out in an MSA.


Any warranties not expressly stated in these Terms or an applicable MSA are disclaimed to the maximum extent permitted by law.

11. Limitation of liability

To the maximum extent permitted by law:

11.1 Exclusion of certain damages. Adventure 33 will not be liable for any:

  • Indirect, incidental, special, consequential, or punitive damages; or

  • Loss of profits, revenue, business, or data, even if advised of the possibility of such damages, and even if a remedy fails of its essential purpose.


11.2 Cap on liability. Adventure 33’s total aggregate liability arising out of or relating to the Service and these Terms (whether in contract, tort, or otherwise) will not exceed the fees actually paid by Customer to Adventure 33 for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

12. Governing law and venue

These Terms are governed by the laws of the Province of Ontario, Canada, excluding its conflict of laws rules.

Any disputes arising out of or relating to these Terms or the Service will be resolved in the courts of Ontario, Canada, and the parties submit to the exclusive jurisdiction of those courts, without prejudice to any mandatory rights of consumers under applicable law (which is not expected to apply given the B2B nature of the Service).

13. Changes to these Terms

We may update these Terms from time to time. When we do, we will change the “Last updated” date above and, where changes are material, provide reasonable notice through the Service or by other appropriate means.

Continued use of the Service after updated Terms become effective constitutes acceptance of those changes.

14. Contact

For questions about these Terms, please contact:

Adventure Capital Inc. (operating as “Adventure 33”)

Thornhill, Ontario, Canada

Email: legal@adventure33.com