Terms and Conditions
Effective Date:
Last Updated:
Pour nos utilisateurs au Québec (For Our Users in Quebec):
A French version of these Terms is available. Une version française de ces conditions est disponible.
In accordance with Quebec's Charter of the French Language, you acknowledge that you have been offered these Terms in French. By proceeding to use the Service in English, you confirm your express wish that this agreement and all related documents be drawn up in English.
Conformément à la Charte de la langue française du Québec, vous reconnaissez vous être fait offrir de consulter ces Conditions en français. En continuant d'utiliser le Service en anglais, vous confirmez votre souhait exprès que cet accord et tous les documents connexes soient rédigés en anglais.
1. Introduction & Acceptance
1.1. The Agreement
These Terms and Conditions (the "Terms") form a legally binding contract between you ("You," "Your," "User") and 1660 Canada Inc. ("Slynk," "We," "Us," "Our"). This Agreement governs your access to and use of the Slynk mobile application (the "App") and all related services, features, and content (collectively, the "Service").
1.2. Acceptance
By downloading the App, creating an account, or clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms. You also consent to the collection and use of your data as described in our Privacy Policy, which is available at and incorporated by reference into these Terms.
1.3. A Note on This Contract
These Terms constitute a "contract of adhesion," meaning they are presented by Us to You on a "take it or leave it" basis. We are legally required to ensure this agreement is fair and that its key terms are communicated clearly.
To that end, key terms that may limit your rights or create significant obligations for you are brought to your attention in BOLD and plain language. This includes, but is not limited to, the NO REFUND policy (Section 5), the FORFEITURE rules (Section 8), and the DISCLAIMERS OF WARRANTIES (Section 11).
Under the Civil Code of Quebec, clauses that are not brought to your attention or are illegible or incomprehensible may be voided if they cause you harm. We encourage you to read these sections with particular care.
2. Eligibility
2.1. Age Requirement
You must be at least eighteen (18) years old or the age of legal majority in your jurisdiction (e.g., province or state) to create an account and use the Service.
2.2. Use by Minors
If you are under the age of majority (a "Minor"), you may only use the Service if your parent or legal guardian has read and agreed to these Terms on your behalf. By permitting a Minor to use the Service, the parent or legal guardian:
- (a) Agrees to be fully responsible for the Minor's conduct;
- (b) Assumes all financial responsibility for the Minor's use of the Service, including all Pledge Fees; and
- (c) Consents to and accepts all consequences of any forfeiture incurred by the Minor.
2.3. Jurisdiction
The Service is intended for use only by residents of Canada and the United States. You may not use the Service in any jurisdiction where its content or features are prohibited by law.
3. Account Registration & Security
To use the Service, you must create an account. You agree to:
- (a) Provide accurate, current, and complete information during the registration process;
- (b) Maintain the security of your password and accept all risks of unauthorized access to your account;
- (c) Promptly notify Us at [support@slynk.com] if you discover or otherwise suspect any security breaches related to the Service; and
- (d) Take full responsibility for all activities that occur under your account, whether or not you have authorized them.
4. How Slynk Works
4.1. The Service: A Limited License to Participate
Slynk provides a gamified wellness platform. We grant you a limited, non-exclusive, non-transferable, and revocable license to use the App to participate in skill-based wellness challenges ("Pledges").
4.2. Pledges: A Skill-Based Challenge
A Pledge is a wellness challenge you voluntarily choose to enter. To participate, you must select a digital gift card (the "Reward") and pay a non-refundable service fee (the "Pledge Fee," see Section 5). You must then achieve a specified walking-step goal ("Goal") within a set timeframe.
4.3. The Reward: A Contingent Right
THIS IS NOT A RETAIL PURCHASE. You acknowledge and agree that you are not purchasing a gift card or any other goods. You are paying a Pledge Fee in exchange for the service of participating in our skill-based challenge.
The Reward is a contingent reward. You have no right to or interest in the Reward unless and until you successfully complete the Goal. Your right to the Reward is entirely conditional upon your successful performance of the skill-based task (walking).
4.4. Step Verification
The Service requires integration with third-party fitness tracking applications (e.g., Apple Health, Google Fit). You must grant Slynk permission to access this data to verify your steps. You agree that the data provided by these third-party services, as recorded by our servers, is the sole and final method of verifying your completion of a Goal. We are not responsible for data-syncing delays or inaccuracies (see Section 11.2).
4.5. Successful Completion
If the Service's records show that you have successfully met the Goal within the allotted time, your selected Reward (the digital gift card) will be unlocked and made available to you within the App.
4.6. Unsuccessful Completion (Forfeiture)
If the Service's records show that you have failed to meet the Goal in the allotted time, you will not receive the Reward. You may have an opportunity to use a "Heart" (see Section 7) for a retry, if one is available. If you have no Hearts or fail your retry, you forfeit all rights to the contingent Reward, and your Pledge Fee will not be refunded (see Section 8).
4.7. Slynk Points
The Service may, from time to time, offer "Slynk Points" for certain activities, such as daily logins, shaking your phone, or completing Pledges. You acknowledge and agree to the following rules regarding Slynk Points:
- (a) Slynk Points are not currency and have no monetary or cash value.
- (b) Slynk Points are not your personal property. They are a limited, revocable license to a feature of our Service.
- (c) Slynk Points are non-transferable. You cannot sell, trade, gift, or transfer them to any other person or account.
- (d) Slynk Points may, at Slynk's sole discretion, be redeemable for certain rewards (such as gift cards or Hearts). Slynk controls the availability, redemption rate, and terms of any such redemption, which may be changed or eliminated at any time.
- (e) Slynk Points and the entire Slynk Points program may be modified, suspended, or terminated by Us at any time, in our sole discretion, without notice or compensation to You.
4.8. SLYNK IS NOT GAMBLING
The Service is a wellness motivator, not a gambling app. We have structured the Service to be a legal, skill-based contest in both Canada and the United States.
- (a) Pledges (Monetary): All Pledges that require a Pledge Fee are games of pure skill. The outcome is determined 100% by your physical skill and effort (your ability to walk).
- (b) Points (Non-Monetary): Some features for earning Slynk Points only (like shaking your phone) may involve elements of chance. However, these activities do not require any payment or consideration from you.
- (c) The Legal Separation: To comply with Canadian and U.S. law, we have created a strict separation:
- i. Consideration (the Pledge Fee) is only paid for games of pure skill (Pledges).
- ii. Chance (e.g., "shake" feature) is only used for non-monetary activities to earn Slynk Points, which have no cash value.
- iii. You may not use Slynk Points to enter a monetary Pledge.
This structure is intentional. Under the Canadian Criminal Code, a "game" is defined as one of "chance or mixed chance and skill". Unlike in some U.S. states that use a "dominant factor" test, Canadian law treats any game with a "systematic resort to chance" as a game of chance, even if skill is also involved. By ensuring that "Consideration" (your Pledge Fee) is never mixed with a "Chance" element to win a "Prize," Slynk operates as a legal skill contest, not an illegal lottery.
5. Payments & Refund Policy
5.1. Pledge Fees
To participate in a Pledge, you must pay the specified Pledge Fee. This fee is a non-refundable service fee for the digital service of participating in the skill-based challenge. All payments are processed through our third-party payment processors (e.g., Stripe, Apple Pay). Slynk is not a bank, financial institution, or money services business.
5.2. Payment Authorization
You authorize Us and our third-party payment processors to charge your selected payment method (e.g., credit card, Apple Pay) for all Pledge Fees you incur.
5.3. ALL FEES ARE NON-REFUNDABLE. NO REFUNDS.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT ALL PLEDGE FEES AND OTHER CHARGES ARE FINAL AND NON-REFUNDABLE IN ALL CIRCUMSTANCES.
WE PROVIDE A SERVICE (THE CHALLENGE), NOT GOODS. THE PLEDGE FEE IS EARNED IN FULL BY SLYNK AT THE MOMENT YOU ENTER THE PLEDGE, IN EXCHANGE FOR YOUR LIMITED LICENSE TO PARTICIPATE. THIS FEE IS NOT A DEPOSIT.
WHETHER YOU SUCCEED, FAIL, OR CHOOSE NOT TO COMPLETE YOUR PLEDGE, YOU HAVE RECEIVED THE FULL VALUE OF THE SERVICE FOR WHICH YOU PAID. YOU ARE NOT ENTITLED TO A REFUND, CREDIT, OR ANY OTHER RECOMPENSE, EVEN IF YOU FAIL TO COMPLETE THE GOAL.
This "no refund" policy is a critical component of the Service. In certain jurisdictions, such as the Province of Quebec, consumer laws strictly prohibit merchants from imposing a "penalty" or "forfeiture" on a consumer for the non-performance of an obligation (e.g., Consumer Protection Act (LPC), s. 13). Such clauses may also be deemed "abusive" under the Civil Code of Quebec.
Our Service is structured to comply with these laws. As defined in Section 4.3, your payment is an earned service fee for participation, not a deposit on a good. Walking is the condition to win the contingent Reward, not a contractual "obligation" you owe to Slynk. Therefore, your failure to meet the Goal is not a "non-performance of an obligation" that results in a penalty; it is the outcome of the skill-based service you paid to use.
5.4. Taxes
Pledge Fees do not include applicable sales taxes (such as GST/HST/QST). You are responsible for paying all such taxes, which will be added to your fee at checkout. The Rewards (digital gift cards) are generally not subject to GST/QST at the time of issuance.
6. Points & Rewards Terms
This section reinforces the rules outlined in Section 4.7.
6.1. No Property Rights
Slynk Points are not property. Slynk grants you a limited, personal, non-exclusive, non-transferable, revocable license to use Slynk Points within the Service. You have no property right, title, or interest in or to any Slynk Points.
6.2. Redemption
Slynk, in its sole discretion, may allow Slynk Points to be redeemed for other digital items or rewards (e.g., gift cards). Slynk has the absolute right to manage, regulate, control, modify, and/or eliminate the Slynk Points program and any redemption options as it sees fit, and shall have no liability to you for its exercise of these rights.
6.3. Expiration and Forfeiture
All Slynk Points in your account will automatically expire if your account is inactive for twelve (12) consecutive months. If your account is terminated, by you or by Us, all Slynk Points will be immediately and permanently forfeited.
7. Hearts / Second-Chance Rules
Slynk may, at its discretion, provide "Hearts" (retry tokens) to Users.
- (a) Hearts may be earned (e.g., via Slynk Points) or provided by Slynk.
- (b) Hearts have no monetary or cash value and are not currency.
- (c) If you fail a Pledge, you may be given the option to use one (1) Heart to retry the Pledge.
- (d) Slynk reserves the right to control, regulate, and modify the rules, availability, and use of Hearts at any time.
8. Forfeiture and Breakage
8.1. Forfeiture of Reward
This section clarifies the consequence of failure. If you fail to complete a Pledge Goal (as defined in Section 4.6) and either choose not to use or do not have a Heart, you forfeit all rights to the contingent Reward.
8.2. Slynk's Earned Revenue
You expressly agree and acknowledge that the corresponding non-refundable Pledge Fee (see Section 5) is considered revenue earned in full by Slynk for the provision of the skill-based challenge service.
8.3. Waiver of Escheatment or Unclaimed Property Rights
You acknowledge that a forfeited Pledge Fee is not an unused gift card balance, "breakage," or "unclaimed property". Both Canadian and U.S. laws (including the U.S. federal Credit CARD Act of 2009 and various state escheatment laws) place strict rules on unused gift card balances.
Our Service does not involve unused balances. The Pledge Fee is payment for a service that is rendered and consumed at the time the Pledge is initiated. By agreeing to these Terms, you waive any right to have a forfeited Pledge Fee or unearned Reward treated as unclaimed property or breakage under any escheatment law.
9. Verification & Anti-Fraud Measures
9.1. Right to Investigate
Slynk reserves the right to monitor, audit, and investigate all user activity to ensure the integrity of the Service and the fairness of the skill-based challenges.
9.2. Prohibited Conduct
You may not, under any circumstances, attempt to cheat, defraud Slynk, or manipulate the Service. Prohibited conduct includes, but is not limited to:
- (a) Using any software, device, or method to artificially generate, manipulate, or "spoof" walking-step data;
- (b) Using automated "bots" or scripts to interact with the App;
- (c) Using multiple accounts to circumvent Pledge limits;
- (d) Falsifying any data provided to Slynk.
9.3. Remedies for Fraud
If Slynk determines, in its sole discretion, that you have engaged in fraudulent activity or otherwise violated this section, We reserve the right to take any and all appropriate actions. This includes, without limitation:
- (a) Immediately voiding any or all of your active Pledges;
- (b) Revoking and reclaiming any Rewards you have earned (even those previously unlocked);
- (c) Forfeiting all of your Slynk Points; and
- (d) Permanently suspending or terminating your account.
10. User Conduct and Prohibited Uses
You agree that you will not, and will not permit any third party to, do any of the following:
- (a) Violate any applicable law, regulation, or contractual obligation;
- (b) Decompile, reverse-engineer, disassemble, or otherwise attempt to discover the source code of the App;
- (c) "Scrape," "crawl," or use any automated means to extract data from the Service;
- (d) Transmit any viruses, malware, or other malicious code;
- (e) Harass, intimidate, or harm any other User;
- (f) Use the Service for any commercial purpose without our express written consent;
- (g) Falsify your identity, age, or location; or
- (h) Engage in any other conduct that We, in our sole discretion, deem to be disruptive, harmful, or contrary to the spirit of the Service.
11. Disclaimers of Warranties
11.1. NO MEDICAL OR HEALTHCARE ADVICE
SLYNK IS A WELLNESS AND MOTIVATION TOOL. WE ARE NOT A MEDICAL DEVICE, A HEALTHCARE PROVIDER, OR A FINANCIAL INSTITUTION.
The Service is provided for informational and motivational purposes only. The content and features of the App are not intended to be, and do not constitute, professional medical advice, diagnosis, or treatment. Slynk does not provide any medical or healthcare services.
You must consult your doctor, physician, or other qualified healthcare provider before beginning any new fitness program or changing your diet. This is especially true if you have any pre-existing health conditions. You acknowledge that all physical activity carries inherent risks, and you agree that you are voluntarily participating in these activities at your own risk.
11.2. NO GUARANTEE OF DATA ACCURACY (APPLE HEALTHKIT / GOOGLE FIT)
The Service relies entirely on data provided by third-party integrations (e.g., Apple HealthKit, Google Fit, and your device's hardware) to function. We do not control these third-party services.
WE DO NOT WARRANT THE ACCURACY, RELIABILITY, AVAILABILITY, OR TIMELINESS OF ANY DATA (INCLUDING STEP-COUNT DATA) PROVIDED BY THESE SERVICES. These services may contain errors, experience delays, or fail to sync. Google Fit and Apple Health are not HIPAA-compliant, and Slynk is not a medical device.
You agree that Slynk is not liable for any failed Pledge, forfeited fee, or lost Reward resulting from any inaccuracies, delays, or errors from these third-party data sources. A failed data sync is not grounds for a refund.
11.3. Service Provided "AS IS" and "AS AVAILABLE"
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SLYNK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11.4. Third-Party Rewards
Slynk is not responsible for the terms, conditions, policies, or usability of the digital gift cards (Rewards) issued by third-party merchants (e.g., DoorDash, UberEats). Once a Reward is unlocked and delivered to you, you are subject to that merchant's terms and conditions.
12. Limitation of Liability
12.1. Cap on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 1660 CANADA INC. OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE, FOR AN AGGREGATE AMOUNT IN EXCESS OF THE GREATER OF:
- (A) ONE HUNDRED DOLLARS ($100.00 CAD); OR
- (B) THE TOTAL PLEDGE FEES YOU PAID TO SLYNK IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.2. No Consequential Damages
IN NO EVENT SHALL SLYNK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR PERSONAL INJURY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3. Exception for Quebec Consumers and Other Jurisdictions
If you are a resident of Quebec (or another jurisdiction that prohibits such limitations), the limitations in Sections 12.1 and 12.2 do not apply to the extent that they limit Slynk's liability for the consequences of its own willful misconduct (faute intentionnelle) or gross negligence (faute lourde), or for any other liability that cannot be excluded by law under the Consumer Protection Act or Civil Code of Quebec.
13. Termination & Suspension
13.1. Termination by Slynk
We reserve the right to suspend or terminate your account and your access to the Service, at our sole discretion, without notice or liability, for any reason, including if you breach these Terms (especially Section 9, "Anti-Fraud," or Section 10, "User Conduct").
13.2. Termination by You
You may terminate this Agreement at any time by deleting your account and ceasing all use of the App.
13.3. Effect of Termination
Upon termination, all licenses granted to you under these Terms will immediately cease. You will not be refunded for any active Pledges, which will be immediately and automatically forfeited. All Slynk Points in your account will also be forfeited.
13.4. Survival
The following sections will survive any termination of this Agreement: Section 1 (Introduction), Section 4.3 (Contingent Right), Section 5 (Payments & Refund Policy), Section 8 (Forfeiture and Breakage), Section 11 (Disclaimers), Section 12 (Limitation of Liability), Section 15 (Intellectual Property), Section 17 (Governing Law & Dispute Resolution), and any other section that by its nature should survive.
14. Modifications to Terms and Rewards
14.1. Modifications to Terms
We reserve the right to modify these Terms at any time. If We make material changes, We will provide you with notice (e.g., by in-app notification or by sending an email to the address associated with your account). Your continued use of the Service after such notice constitutes your acceptance of the modified Terms.
14.2. Modifications to the Service
We reserve the right to modify, suspend, or discontinue the Service (or any part of it, including the Slynk Points program or the availability of specific Rewards) at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuance.
15. Intellectual Property
15.1. Slynk's IP
The Service, including all software, text, graphics, logos, trademarks, and content (the "Slynk IP"), is the exclusive property of 1660 Canada Inc. and its licensors. The Slynk IP is protected by copyright, trademark, and other intellectual property laws of Canada, the United States, and foreign countries.
15.2. Limited License
We grant you only the limited license to use the Service as described in these Terms (see Section 4.1). You acquire no ownership rights in the Service or the Slynk IP. You agree not to copy, modify, distribute, sell, or lease any part of our Service or Slynk IP.
16. Privacy & Data Handling
16.1. Privacy Policy
Our data collection, use, and sharing practices are governed by our separate Privacy Policy [LINK]. By using the Service, you agree that We can use such data in accordance with our Privacy Policy.
16.2. Health Data
The Service's core function requires access to your personal health and activity data. By connecting your Apple HealthKit, Google Fit, or other fitness tracker, you are expressly directing Us to collect, access, and process this sensitive data to verify your Pledges and operate the Service, as further detailed in our Privacy Policy.
17. Governing Law & Dispute Resolution
17.1. Governing Law
The law that governs this Agreement depends on your place of residence:
- (a) For Users Residing in the United States: These Terms and any dispute arising from them are governed by the laws of the State of New York and the Federal Arbitration Act, without regard to conflict of law principles.
- (b) For Users Residing in Canada: These Terms and any dispute arising from them are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. This choice of law is made without prejudice to any rights you may have as a consumer under the mandatory public order provisions of your province of residence.
17.2. DISPUTE RESOLUTION FOR U.S. USERS: MANDATORY ARBITRATION & CLASS ACTION WAIVER
THIS SECTION 17.2 APPLIES ONLY TO USERS RESIDING IN THE UNITED STATES.
- (a) Binding Arbitration: You and Slynk agree to resolve all disputes (except for those in 17.2(d)) through final and binding individual arbitration, not in a court of law. This arbitration will be administered by a neutral arbitrator (such as from the American Arbitration Association) in accordance with its Consumer Arbitration Rules.
- (b) CLASS ACTION WAIVER: YOU AND SLYNK AGREE THAT ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims.
- (c) Opt-Out Right: You may opt out of this arbitration agreement. If you do, neither you nor Slynk can force the other to arbitrate. To opt out, you must email Us at legal@slynk.com within thirty (30) days of first creating your account, with the subject line "Arbitration Opt-Out" and a clear statement of your intent.
- (d) Exceptions: This section does not apply to: (i) actions in small claims court; or (ii) claims seeking injunctive relief for intellectual property infringement.
17.3. DISPUTE RESOLUTION FOR CANADIAN USERS (ESPECIALLY QUEBEC)
THIS SECTION 17.3 APPLIES ONLY TO USERS RESIDING IN CANADA.
THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTION 17.2 DO NOT APPLY TO YOU IF YOU ARE A CONSUMER RESIDING IN QUEBEC, ONTARIO, OR ANY OTHER CANADIAN JURISDICTION WHERE SUCH PROVISIONS ARE EXPRESSLY PROHIBITED BY LAW (e.g., Quebec's Consumer Protection Act, s. 11.1).
Any dispute arising from these Terms or your use of the Service shall be submitted to the competent courts of the judicial district of Montreal, Province of Quebec, unless otherwise required by the mandatory provisions of the Consumer Protection Act (which may grant you the right to bring an action in your local district).
18. Contact Information
If you have any questions, complaints, or legal notices regarding these Terms, please contact Us at:
16601448 Canada Inc.
606-1 Rue McGill
Montréal QC H2Y 4A3
Canada
Email: legal@slynk.com