OneFeather Terms of Service
Effective: November 1, 2026
Last Modified: November 1, 2026
Acceptance
OneFeather Mobile Technologies Ltd. ("OneFeather," "we," "us," or "our") operates a digital platform that provides Indigenous community members, Nations, and organizations with access to a suite of services, including web and mobile applications, governance and election tools, identity and participation services, and financial features (collectively, the "Services").
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and OneFeather governing your access to and use of the Services. By creating an account, accessing the Services, or otherwise indicating your acceptance, including by clicking "I Agree" or any equivalent affirmation, you acknowledge that you have read, understood, and agree to be bound by these Terms and any Additional Terms incorporated herein by reference.
If you do not agree to these Terms, you must not access or use the Services.
OneFeather reserves the right to contact you from time to time regarding service updates, changes to these Terms, or other aspects of the platform. Such communications may be sent by electronic mail, in-app notification, or other reasonable means.
These Terms should be read together with OneFeather's Privacy Policy, which is incorporated herein by reference, and any Additional Terms applicable to specific Services you access.
2. Definitions
The following capitalized terms shall have the meanings set out below:
"Account" means the registered user profile created by a User to access the Services.
"Additional Terms" means any supplemental agreements, policies, program terms, or cardholder agreements that govern specific Services or features offered by OneFeather or its third-party partners, which are incorporated into these Terms by reference where applicable.
"Election and Voting Services" means the digital tools and features provided by OneFeather to support election, ratification, referendum, and other voting processes administered by Nations or Organizations, including electronic ballot delivery, vote collection, and result reporting.
"Financial Services" means any payment-related features, digital wallet functionality, prepaid card features, card-linked rewards or loyalty programs, and optional government payment or annuity programs made available through the platform, which may be administered in whole or in part by third-party financial service providers and governed by separate agreements.
"Governance Services" means the digital tools and features provided by OneFeather to support Nation or Organization administration and governance processes, including but not limited to electronic voting, ballot access, registrar and membership administration, document sharing, and community engagement features, as made available by a Nation or Organization.
"Intellectual Property" means all patents, trademarks, trade names, service marks, copyrights, trade secrets, know-how, and all other intellectual property rights, whether registered or unregistered, owned or licensed by OneFeather.
"Nation" or "Organization" means an Indigenous Nation, band council, Tribal Council, non-governmental organization, or other Indigenous governing body or organization that has entered into an agreement with OneFeather to access and administer Services on behalf of its members or constituents.
"Nation Agreement" means any contract or agreement entered into between OneFeather and a Nation or Organization governing the provision of Services to that Nation's members.
"OneFeather Applications" means the web and mobile applications through which Users and Nations or Organizations access the Services, including the OneFeather Members App, the OneFeather Nations Platform, and the OneFeather Sovereignty App, as well as any successor or additional applications OneFeather makes available from time to time.
"Platform" means the OneFeather digital platform, including the OneFeather Applications, associated websites, and supporting infrastructure through which the Services are made available to Users and Nations or Organizations.
"Services" means the full suite of digital products and features made available by OneFeather through its platform, including the Members App, web platform, Governance Services, Election and Voting Services, identity and participation tools, Financial Services, and any other features or applications OneFeather makes available from time to time.
"User" means any individual who accesses the Services, including general platform users, members of a Nation, participants in Governance or Election and Voting Services, and users of Financial Services.
3. Scope of Services
3.1 Platform Overview
OneFeather provides a digital platform comprising the following categories of services:
(a) Web and Mobile Applications — Access to the Platform via web browser and the Members App, enabling Users to access member features and information;
(b) Governance Services — Digital tools enabling Nations and Organizations to administer governance processes, including registrar and membership administration, document sharing, and community engagement features, as further described in Section 7;
(c) Election and Voting Services — Digital tools enabling Nations and Organizations to administer election and voting processes, including electronic ballot delivery, vote collection, and result reporting, as further described in Section 7;
(d) Financial Services — Access to financial tools, digital wallet functionality, prepaid card programs, card-linked rewards and loyalty programs, and optional government payment or annuity programs, as further described in Section 8 and governed by applicable Additional Terms; and
(e) Status Card Application Services — Features that support the submission and processing of Indigenous Status card applications, renewals, and replacements in coordination with Indigenous Services Canada.
3.2 Scope of These Terms
These Terms govern access to and use of the Platform and the Services described in Section 3.1. OneFeather may also provide professional or consulting services to Nations and Organizations, including governance and election consulting. Such services are not part of the Platform and are governed by separate agreements between OneFeather and the applicable Nation or Organization. Nothing in these Terms applies to or creates any obligation in respect of those separately contracted services.
3.3 Evolution of Services
The Services may evolve over time. OneFeather reserves the right to introduce new features, modify existing features, or discontinue any aspect of the Services in accordance with Section 13. Users are encouraged to review these Terms periodically, as updates will reflect changes to the Services.
3.4 Additional Terms
Certain Services are subject to Additional Terms, which may include program-specific agreements, financial service provider terms, or Nation-specific terms. In the event of a conflict between these Terms and any applicable Additional Terms, the Additional Terms shall govern with respect to the specific Service to which they apply, as further described in Section 20.
4. Eligibility and User Categories
4.1 Jurisdictional Compliance
Access to and use of certain Services may be restricted depending on your jurisdiction of residence. You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations in your jurisdiction.
4.2 User Categories
OneFeather recognizes the following categories of Users:
(a) General Users — Individuals who access the platform for general informational or membership-related purposes;
(b) Governance and Election Participants — Individuals who are eligible under a Nation's rules and guidelines to participate in Governance Services or Election and Voting Services;
(c) Financial Services Users — Individuals who access Financial Services, subject to eligibility requirements set out in applicable Additional Terms and imposed by the relevant third-party financial service provider; and
(d) Status Card Applicants — Individuals who access the Platform to renew or replace an Indigenous Status card through OneFeather's Status Card Application Services.
A User may fall within more than one category at the same time. The applicable terms, eligibility requirements, and data practices may differ depending on which Services a User accesses.
4.3 Eligibility for Governance and Election Participation
Eligibility to participate in Governance Services and Election and Voting Services is determined by the applicable Nation or Organization in accordance with that Nation's laws, customs, election codes, and membership criteria. OneFeather does not independently determine eligibility for participation in governance or election processes. OneFeather's role is limited to providing the digital platform to the Nation or organization and their voting event officials.
Regardless of Nation-determined eligibility, participation in Governance Services and Election and Voting Services through the Platform requires an active Account in good standing. This is a technical requirement of the Platform and does not affect or override any eligibility determination made by a Nation or Organization.
4.4 Representations
By accessing the Services, you represent and warrant that: (i) you have the legal capacity to enter into a binding agreement; (ii) you meet the eligibility requirements set out in this Section; (iii) any information you provide to OneFeather is accurate, current, and complete; and (iv) your access to and use of the Services complies with all applicable laws and regulations.
5. Accounts and User Responsibilities
5.1 Account Creation
To access certain Services, you must create an Account. When creating an Account, you agree to provide accurate, current, and complete information and to update such information promptly if it changes. OneFeather reserves the right to suspend or terminate any Account created with false or misleading information.
5.2 Account Security
You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, and any authentication factors associated with your Account. You agree to:
(a) select a strong, unique password and not reuse credentials from other platforms;
(b) keep your Account credentials confidential and not disclose them to any third party;
(c) take reasonable steps to secure any device used to access your Account;
(d) notify OneFeather immediately at support@onefeather.ca if you suspect any unauthorized access to or use of your Account; and
(e) enable any additional security features made available by OneFeather, such as multifactor authentication, where offered in connection with your Account or the Services.
5.3 Responsibility for Account Activity
You are responsible for all activity that occurs under your Account, whether or not authorized by you. You acknowledge that unauthorized access to your Account may affect your access to Governance Services, Election and Voting Services, and Financial Services, and you agree to take all reasonable precautions to prevent such unauthorized access. OneFeather shall not be liable for any loss or damage arising from your failure to maintain the security of your Account credentials.
5.4 Account Sharing
Accounts are personal and may not be shared, transferred, or assigned to any other individual. You may not allow another person to access the Services using your Account credentials. If you are a Nation or Organization administrator, separate administrative access terms may apply as set out in applicable Additional Terms or your Nation Agreement.
5.5 Accuracy of Information
You agree to keep all information associated with your Account accurate and up to date. OneFeather may rely on the information in your Account for the purpose of providing Services, including verifying your eligibility for Governance Services and Election and Voting Services, and meeting identity verification and regulatory compliance requirements in connection with Financial Services. OneFeather shall not be responsible for any failure to provide or incorrectly provide Services resulting from inaccurate Account information.
6. Acceptable Use and Platform Misuse
6.1 Permitted Use
You may access and use the Services solely for lawful purposes and in accordance with these Terms. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Services in accordance with these Terms as follows:
(a) Individual Users may access and use the Services for personal, non-commercial purposes related to their participation in OneFeather's platform and programs; and
(b) Nation and Organization Administrators may access and use the Services for administrative and governance purposes on behalf of their Nation or Organization, in accordance with the applicable Nation Agreement.
No other use of the Services is permitted unless expressly authorized by OneFeather in writing.
6.2 Prohibited Conduct
You agree that you will not, in connection with your access to or use of the Services:
(a) Impersonation — Impersonate any person or entity, misrepresent your identity or affiliation, or falsely claim eligibility for Governance Services or Election and Voting Services;
(b) Circumventing Eligibility or Access Controls — Create or maintain multiple Accounts, misrepresent your membership status, or take any other action designed to circumvent eligibility requirements, access controls, or participation limits established by OneFeather or by a Nation or Organization;
(c) Fraud and Financial Misuse — Engage in any fraudulent activity, including submitting false information to access Financial Services, exploiting platform features for unauthorized financial gain, or facilitating money laundering or other financial crimes;
(d) Interference with Governance or Election Processes — Attempt to interfere with, manipulate, or undermine the integrity of any election, vote, ballot, or governance process administered through the platform, including submitting fraudulent votes, accessing another User's ballot, or disrupting election administration;
(e) Coercion or Improper Influence — Attempt to coerce, intimidate, bribe, or improperly influence any individual in connection with their participation in any vote, election, or governance process administered through the Platform, including offering or soliciting incentives in exchange for voting in a particular manner;
(f) Unauthorized Access — Attempt to gain unauthorized access to any part of the Services, another User's Account, or OneFeather's systems or infrastructure, including by way of hacking, password mining, or other unauthorized means;
(g) System Abuse — Introduce any malware, virus, worm, or other malicious code into the Services; conduct denial-of-service attacks; or otherwise interfere with or disrupt the integrity or performance of the Services;
(h) Data Harvesting — Scrape, collect, or harvest any data from the Services without OneFeather's express written consent;
(i) Misuse of Nation Data — Access, export, copy, or use any data obtained through the Platform in connection with Governance Services, Election and Voting Services, or Nation administration for any purpose other than the purposes for which it was made available, including but not limited to unauthorized political campaigning, commercial solicitation, or any use not authorized by the applicable Nation or Organization;
(j) Reverse Engineering — Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code of any software underlying the Services;
(k) Unlawful Use — Use the Services for any unlawful purpose, or in any manner that violates applicable federal, provincial, territorial, or Indigenous laws or regulations; or
(l) Violation of Third-Party Rights — Use the Services in any manner that infringes the intellectual property, privacy, or other rights of any third party.
6.3 Consequences of Misuse
OneFeather reserves the right to investigate any suspected violation of this Section and to take any action it deems appropriate, including suspending or terminating your Account, reporting conduct to law enforcement, or pursuing legal remedies available at law or in equity.
7. Governance and Election and Voting Services
7.1 OneFeather's Role
OneFeather acts solely as a technology service provider in connection with Governance Services and Election and Voting Services. OneFeather does not administer, control, or make decisions regarding the governance or electoral processes of any Nation or Organization, and does not determine eligibility for participation in such processes.
7.2 Nation and Organization Responsibility
Each Nation or Organization is solely responsible for:
(a) determining the eligibility criteria for participation in its governance and electoral processes;
(b) establishing the rules, procedures, and standards governing elections and votes conducted through the platform;
(c) appointing its own electoral officer, ratification officer, or equivalent administrator where OneFeather has not been separately engaged to provide those services, and for the decisions and actions of any such appointee in connection with the use of the Platform;
(d) communicating eligibility requirements and participation rules to its members; and
(e) the accuracy and completeness of any information it, or any person acting on its behalf, provides to OneFeather in connection with its use of Governance Services or Election and Voting Services.
OneFeather shall have no liability for any determination made by a Nation or Organization regarding member eligibility or the outcome of any governance or election process.
7.3 Scope of Election and Voting Services
Election and Voting Services include the delivery of electronic ballots, collection of votes, and reporting of results through the Platform, in accordance with the rules and direction of the applicable Nation or Organization, or its appointed electoral or ratification officer. For clarity, professional or consulting services related to governance or elections are not part of Election and Voting Services and are governed by separate agreements as described in Section 3.2.
OneFeather does not certify, validate, or guarantee the legal compliance of any election process with applicable Indigenous law, election codes, or other regulatory requirements. Nations and Organizations are responsible for ensuring that their use of Election and Voting Services complies with all applicable laws and their own governance requirements.
7.4 Integrity of Participation
Users who participate in Governance Services or Election and Voting Services agree to:
(a) participate only if genuinely eligible under the applicable Nation's or Organization's rules;
(b) not interfere with or attempt to manipulate any vote, ballot, or governance process;
(c) maintain the confidentiality of their ballot, where applicable;
(d) not attempt to coerce, intimidate, or improperly influence another User's participation or vote; and
(e) not do anything else that would violate the terms of this Agreement or any other agreement applicable to the User's participation in the Governance or Election and Voting Services.
7.5 No Guarantee of Outcomes
OneFeather makes no representations or warranties regarding the outcome of any governance or election process administered through the Services. Results are determined by the applicable Nation or Organization in accordance with its own rules and procedures.
7.6 Deference to Nation Rules
Where a Nation Agreement or Nation-specific terms address the administration of Governance Services or Election and Voting Services, those terms shall take precedence over this Section to the extent of any conflict.
7.7 Indigenous Data Stewardship
OneFeather recognizes the importance of Indigenous Data Sovereignty — the principle that Indigenous Nations have the right to govern the collection, ownership, use, and stewardship of data about their peoples, communities, and territories.
OneFeather is committed to supporting this principle within the context of its role as a technology service provider. In practice, this means that:
(a) personal information and governance data provided by or about Nations and their members through Governance Services and Election and Voting Services is used only for the purposes for which it was provided;
(b) Nation administrators retain meaningful control over the data they upload, manage, and access within the platform;
(c) OneFeather does not sell, commercialize, or monetize data collected through Nation Governance Services or Election and Voting Services;
(d) where a Nation Agreement addresses the handling, access, or governance of Nation data, those terms shall take precedence; and
(e) OneFeather is committed to ongoing dialogue with the Nations it serves regarding data practices and governance.
OneFeather operates as a cloud-native platform and delivers its Services using third-party cloud infrastructure and service providers. OneFeather's primary cloud infrastructure is hosted in Canada, though certain data may be processed or stored in other jurisdictions in connection with third-party service providers. While OneFeather implements administrative, technical, and organizational safeguards to protect Nation data, OneFeather does not represent that its data practices constitute full implementation of any specific Indigenous data governance framework. Nations with specific data governance requirements are encouraged to address those requirements through their Nation Agreement.
7.8 Ballot Secrecy and Election Records
OneFeather's Election and Voting Services are designed to preserve ballot secrecy. Voting processes are structured so that voter identity is separated from ballot choices. Nation administrators may access aggregated results, statistics, and participation reports, but do not have access to information showing how a specific individual voted.
OneFeather may retain election-related records, including participation metadata and technical and security logs, for the purpose of supporting election integrity, accountability, and record-keeping requirements. Such records are retained in accordance with the Privacy Policy and any applicable Nation Agreement.
8. Financial Services and Payment Features
8.1 Third-Party Administration
Certain Financial Services available through the OneFeather platform, including digital wallet features and prepaid card programs, card-linked rewards and loyalty programs, and optional government payment or annuity programs, are administered in whole or in part by third-party financial service providers. OneFeather is not a financial institution and does not itself issue financial products, and does not provide the cards, rewards, or related financial benefits made available through the Platform. OneFeather's role in connection with Financial Services may include providing the user interface, customer support, program administration, and other services described at enrollment. Financial Services are subject to the terms and conditions of the applicable third-party financial service provider.
The Financial Services do not establish any affiliation between OneFeather and the issuers of the cards, rewards or programs. By using the Financial Services, you acknowledge that OneFeather assumes no responsibility for the administration or delivery of cards or their related benefits, or any damages, claims or other liabilities arising from or in connection with your use of the cards.
8.2 Separate Agreements
Your access to and use of Financial Services, including any prepaid card program, is governed by a separate cardholder agreement or financial services agreement entered into between you and the applicable third-party provider (the "Financial Services Agreement"). The Financial Services Agreement is distinct from these Terms and will be provided to you separately at the time you enroll in the relevant financial product. In the event of a conflict between these Terms and the Financial Services Agreement with respect to the applicable financial product, the Financial Services Agreement shall govern.
8.3 OneFeather's Role
OneFeather's role in connection with Financial Services is limited to facilitating access to those services through its Platform. OneFeather may charge fees in connection with Financial Services, such as the monthly subscription fee, which will be disclosed to you prior to enrollment. OneFeather does not control the terms, limits, or availability of any financial product issued or administered by a third-party provider and shall not be liable for any act or omission of a third-party financial service provider.
8.4 Eligibility and Identity Verification
Access to Financial Services requires you to have reached the age of majority in your province or territory of residence, as set out in Section 4.1. You are also required to complete an identity verification process before enrolling in or accessing Financial Services. The identity verification process and how your personal information is handled in connection with it are described in the Privacy Policy.
8.5 Regulatory Compliance
Financial Services are subject to applicable financial services laws and regulations, including anti-money laundering and counter-terrorist financing requirements. In connection with your access to or use of Financial Services, you may be required to provide information necessary to meet regulatory compliance obligations. You agree to provide such information promptly and accurately when requested by OneFeather or the applicable third-party financial service provider.
8.6 Disclosure of Third-Party Involvement
By accessing Financial Services through the platform, you acknowledge that:
(a) the financial product is issued and administered by a third-party financial institution or service provider;
(b) the Financial Services Agreement with the third-party provider governs the terms of that product; and
(c) OneFeather may share information with the applicable third-party provider as necessary to facilitate your access to Financial Services, subject to the Privacy Policy.
9. Third-Party Services and Integrations
9.1 Reliance on Third Parties
OneFeather relies on third-party service providers to deliver certain components of the Services. These providers may include, without limitation:
(a) financial institutions and payment processors;
(b) identity verification and authentication providers;
(c) cloud infrastructure and hosting providers;
(d) government agencies and program partners; and
(e) other technology and data service providers.
9.2 Limitation of Responsibility
OneFeather is not responsible for the acts, omissions, availability, or performance of any third-party service provider. Any failure or disruption caused by a third-party provider may affect the availability of the Services, and OneFeather shall not be liable for such disruptions except to the extent caused by OneFeather's own negligence or wilful misconduct.
9.3 Third-Party Terms
Your use of third-party services accessed through the OneFeather platform may be subject to separate terms and conditions imposed by those third parties. You are responsible for reviewing and complying with any such third-party terms.
9.4 Links to Third-Party Platforms
The Services may contain links to third-party websites or platforms. The inclusion of any such link does not constitute an endorsement by OneFeather of the linked platform or its content. OneFeather has no control over the content or practices of any linked third-party platform, including third-party platforms or portals that may carry OneFeather branding, and is not responsible for any loss or damage arising from your use of such platforms.
10. Fees and Payments
10.1 Scope
This Section applies to fees charged by OneFeather to individual Users in connection with their use of the Services.
Fees payable by Nations or Organizations under a Nation Agreement are governed by that agreement and are not addressed in these Terms.
10.2 Platform Fees
Certain features of the Services may be subject to fees. Where fees apply, they will be disclosed to you prior to your use of the applicable feature or Service. You agree to pay all applicable fees in accordance with the payment terms presented to you at the time of purchase or enrollment. Except as required by law or expressly stated at the time of purchase, fees are non-refundable. You are responsible for the payment or remittance of any applicable taxes or duties imposed in connection with the fees you pay to OneFeather. Nothing in these Terms limits any statutory cancellation, refund or chargeback right.
10.3 Third-Party Fees
Fees associated with Financial Services, including transaction fees, foreign exchange charges, ATM fees, and other charges imposed by third-party financial service providers, are governed by the applicable Financial Services Agreement and are separate from any fees charged by OneFeather.
10.4 Fee Changes
OneFeather reserves the right to introduce new fees or modify existing fees for Services with reasonable advance notice. Notice of fee changes will be provided in accordance with Section 19. Your continued use of the Services following a fee change constitutes your acceptance of the updated fee structure.
11. Intellectual Property
11.1 Ownership
All Intellectual Property in and to the Services, including the Platform, the OneFeather Applications, software, content, design, trademarks, logos, and documentation, is owned by or licensed to OneFeather. Nothing in these Terms transfers any ownership interest in OneFeather's Intellectual Property to you.
11.2 Limited Licence
Subject to your compliance with these Terms, OneFeather grants you a limited, nonexclusive, non-transferable, revocable licence to access and use the Services as set out in Section 6.1. This licence does not permit you to:
(a) copy, modify, distribute, sell, or sublicense any part of the Services;
(b) use OneFeather's trademarks, logos, or branding without prior written consent;
(c) reproduce, publicly display, or create derivative works based on any content from the Services; or
(d) use the Services in any manner that exceeds the scope of this licence.
11.3 User Submissions and Feedback
If you submit feedback, suggestions, or other information to OneFeather regarding the Services ("Feedback"), you grant OneFeather a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, and incorporate such Feedback into the Services or otherwise for any lawful purpose, without compensation or attribution to you.
This licence does not apply to personal information or governance-related content submitted by Users in connection with Governance Services, Election and Voting Services, or Nation administration. Such content is handled in accordance with the Privacy Policy and the applicable Nation Agreement.
11.4 Nation and Organization Content
Content submitted by Nations or Organizations in connection with their use of Governance Services or Election and Voting Services remains the property of the applicable Nation or Organization. OneFeather's right to use such content is limited to providing the Services in accordance with the applicable Nation Agreement.
Content submitted by individual Users in connection with Governance Services, Election and Voting Services, or Nation administration — including membership documents, election-related communications, and participation records — is treated in accordance with the Privacy Policy and the applicable Nation Agreement, and is not subject to the general Feedback licence in Section 11.3.
11.5 Open-Source Software
The Services may incorporate open-source software components that are subject to their own licence terms. Nothing in these Terms restricts or limits the terms of any applicable open-source licence, and to the extent required by such licence, the terms of that licence shall apply in place of these Terms with respect to the applicable open-source component.
12. Privacy and Data Use
12.1 Privacy Policy
OneFeather's collection, use, and disclosure of personal information is governed by its Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you acknowledge that you have read and understand the Privacy Policy.
12.2 Data Collection and Processing
You acknowledge that OneFeather collects and processes certain personal information as described in the Privacy Policy in order to provide, maintain, and improve the Services, verify user identity, facilitate access to Governance Services and Election and Voting Services, and comply with applicable law.
12.3 Security Measures
OneFeather implements reasonable administrative, technical, and organizational safeguards designed to protect user information from unauthorized access, use, disclosure, alteration, or destruction. OneFeather’s security program is designed to align with recognized industry standards and includes regular assessments and testing to evaluate the effectiveness of those safeguards. However, you acknowledge that no system or method of data transmission over the internet is completely secure, and that there is inherent risk associated with the use of digital services. OneFeather does not warrant that the Services will be free from unauthorized access or security incidents.
12.4 Indigenous Data Stewardship
OneFeather is committed to responsible stewardship of data collected through its Services, including data related to Indigenous individuals and Nations. OneFeather's commitments regarding the handling of Nation governance and election data are set out in Section 7.7. For details regarding how personal information is handled within each service context, please refer to the Privacy Policy.
12.5 Data Retention
OneFeather retains personal information only for as long as necessary to fulfill the purposes for which it was collected, including to provide Services, comply with legal, regulatory, and audit requirements, resolve disputes, and enforce agreements. Retention periods may vary depending on the type of information and the service context. For further details regarding retention practices, please refer to the Privacy Policy.
13. Service Availability and Modifications
13.1 No Guarantee of Availability
OneFeather will use commercially reasonable efforts to make the Services available on a continuous basis. However, OneFeather does not warrant or guarantee that the Services will be available at all times, error-free, or uninterrupted. The Services may be subject to interruptions, delays, outages, or security incidents, including those caused by third-party service providers, scheduled maintenance, or circumstances beyond OneFeather's reasonable control.
13.2 Security Incidents and Vulnerabilities
OneFeather does not warrant that the Services will be free from vulnerabilities, unauthorized access attempts, or security breaches. In the event of a security incident affecting your personal information, OneFeather will notify you in accordance with applicable law and its Privacy Policy.
13.3 Modifications to Services
OneFeather reserves the right to modify, suspend, or discontinue any aspect of the Services, temporarily or permanently, with or without notice. Where practicable, OneFeather will provide reasonable advance notice of material changes that may affect your use of the Services. OneFeather shall not be liable for any modification, suspension, or discontinuation of the Services except to the extent caused by its own gross negligence or wilful misconduct.
Where a modification, suspension, or interruption would affect an active election or governance process being administered through the Platform, OneFeather will take reasonable steps to minimize disruption and coordinate with the affected Nation or Organization.
13.4 Maintenance
OneFeather may take the Services offline from time to time for scheduled maintenance. Where practicable, OneFeather will provide advance notice of scheduled maintenance periods.
13.5 Force Majeure
OneFeather shall not be liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from circumstances beyond OneFeather's reasonable control, including but not limited to natural disasters, pandemics or public health emergencies, acts of government or regulatory authorities, armed conflict, civil unrest, widespread internet or telecommunications failures, cyberattacks affecting thirdparty infrastructure, or failures of third-party service providers.
Where a force majeure event affects the availability of Services during an active election or governance process, OneFeather will use commercially reasonable efforts to restore service availability and will communicate with affected Nations or Organizations regarding the status and expected timeline for resolution.
14. Suspension and Termination
14.1 Termination by User
You may terminate your Account at any time by contacting OneFeather at support@onefeather.ca. Termination of your Account will result in the loss of access to the Platform and the Services. Your rights regarding personal information held by OneFeather following account termination, including rights of access and correction, are governed by the Privacy Policy and applicable law.
14.2 Suspension or Termination by OneFeather
OneFeather may suspend or terminate your Account, or your access to any part of the Services, at any time and without prior notice if OneFeather reasonably determines that:
(a) you have violated these Terms or any applicable Additional Terms;
(b) your Account or use of the Services poses a security or legal risk to OneFeather, other Users, or any Nation or Organization;
(c) required by applicable law or a lawful order of a court or regulatory authority;
(d) your Account has been inactive for an extended period, in accordance with OneFeather's account management policies; or
(e) where suspension or termination is based on a non-egregious violation of these Terms, OneFeather will, where practicable, provide notice and a reasonable opportunity to remedy the violation before taking action.
14.3 Effect on Governance and Election Participation
Suspension or termination of your Account during an active governance or election process may affect your ability to participate, including your access to ballots, votes, or governance tools. Where practicable, OneFeather will coordinate with the applicable Nation or Organization regarding the impact of an account suspension or termination on an active governance or election process. Decisions regarding eligibility to participate following a suspension or termination are made by the applicable Nation or Organization in accordance with its own rules and procedures.
14.4 Effect of Termination
Upon suspension or termination of your Account:
(a) your licence to access and use the Services is immediately revoked;
(b) you must cease all use of the Services;
(c) OneFeather may retain personal information following account termination in accordance with the Privacy Policy and applicable legal, regulatory, and audit requirements; and
(d) any obligations that survive termination, including those relating to intellectual property (Section 11), privacy and data use (Section 12), limitation of liability (Section 15), indemnification (Section 16), and dispute resolution (Section 17), shall remain in effect.
14.5 Financial Services
Termination of your OneFeather Account does not automatically cancel any Financial Services governed by a separate Financial Services Agreement. You must contact the applicable third-party provider to cancel those services.
14.6 Reinstatement
Where an Account has been suspended or terminated, reinstatement may be available at OneFeather's sole discretion. OneFeather is not obligated to reinstate any Account and may impose conditions on reinstatement, including verification of identity and compliance with these Terms.
15. Limitation of Liability
15.1 Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. OneFeather expressly disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, noninfringement, and any warranties arising out of course of dealing or usage of trade.
Without limiting the foregoing, OneFeather does not warrant that:
(a) the Services will be available at all times, uninterrupted, secure, or error-free;
-
(b) the results obtained through the Services will be accurate, reliable, or complete;
-
(c) the Services will meet your specific requirements or expectations; or
-
(d) any defects or errors in the Services will be corrected.
15.2 Exclusion of Indirect Damages
To the maximum extent permitted by applicable law, in no event shall OneFeather, its directors, officers, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, service interruption, computer damage, or system failure, arising out of or related to your use of or inability to use the Services, even if OneFeather has been advised of the possibility of such damages.
15.3 Cap on Liability
To the maximum extent permitted by applicable law, OneFeather's total liability to you for all claims arising out of or related to these Terms or the Services shall not exceed the greater of: (a) the amount you paid to OneFeather for the Services in the twelve (12) months preceding the claim; or (b) five hundred Canadian dollars (CAD $500.00).
15.4 Governance and Election Outcomes
OneFeather is not liable for the outcome of any governance or election process administered through the Platform, including but not limited to:
(a) the results of any vote or election;
(b) any determination regarding eligibility to participate in a governance or election process;
(c) any dispute arising from the conduct, administration, or outcome of a governance or election process; or
(d) any claim arising from the failure of a Nation or Organization to comply with its own governance requirements, election codes, or applicable law.
Governance and election processes are administered by Nations and Organizations in accordance with their own rules and procedures. OneFeather's role is limited to providing the technology platform through which those processes are facilitated, as described in Section 7.
15.5 Acts and Omissions of Nations and Organizations
OneFeather shall not be liable for any loss or damage arising from the acts or omissions of any Nation or Organization in connection with its use of the Services, including but not limited to:
(a) the accuracy or completeness of membership lists, voter rolls, or other information provided by a Nation or Organization;
(b) decisions made by a Nation or Organization regarding eligibility, participation, or governance processes;
(c) the use, disclosure, or handling of personal information by a Nation or Organization through the Platform; or
(d) any failure by a Nation or Organization to comply with applicable law or its own governance requirements.
15.6 Security and Unauthorized Access
OneFeather's limitation of liability applies to claims arising from unauthorized access to your Account, data breaches, or security incidents, to the extent permitted by applicable law.
15.7 Third-Party Services
OneFeather shall not be liable for any loss or damage arising from your use of or reliance on any third-party service, including Financial Services provided by third-party providers.
15.8 Jurisdictional Limitations
Some jurisdictions do not permit the exclusion or limitation of certain warranties or liability. To the extent such limitations are not permitted in your jurisdiction; the above limitations shall apply to the fullest extent permitted by applicable law.
16. Indemnification
16.1 User Indemnification Obligation
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless OneFeather and its directors, officers, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
(a) your misuse of or unauthorized conduct in connection with the Services;
(b) your violation of these Terms or any applicable Additional Terms;
(c) your violation of any applicable law, regulation, or third-party right, including any intellectual property, privacy, or other proprietary right;
(d) your failure to maintain the security of your Account credentials or any unauthorized use of your Account;
(e) any fraud, misrepresentation, or misuse of the Services by you, including the provision of false or misleading information in connection with identity verification, Account creation, or regulatory compliance processes;
(f) any interference with, manipulation of, or improper influence on any governance or election process administered through the Platform, including violations of the prohibited conduct set out in Section 6.2; or
(g) any regulatory investigation, enforcement action, or compliance cost incurred by OneFeather as a result of false or misleading information you provided in connection with Financial Services.
16.2 Limitation on Indemnification
Your indemnification obligation under this Section does not apply to the extent that a claim arises from OneFeather's own negligence or misconduct.
16.3 Cooperation
OneFeather reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense. You agree to cooperate fully with OneFeather's defence of any such claim. You may not settle any claim that imposes any obligation or liability on OneFeather without OneFeather's prior written consent.
17. Dispute Resolution
17.1 Good Faith Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services ("Dispute"), both parties agree to first attempt to resolve the Dispute through good faith negotiation. You may contact OneFeather at support@onefeather.ca to initiate this process.
If a Dispute cannot be resolved through good faith negotiation, either party may bring proceedings in a court of competent jurisdiction in accordance with Section 18.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.
For Users located in Québec: These Terms shall be construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable therein, and the parties attorn to the exclusive jurisdiction of the courts of Québec.
19. Changes to Terms
19.1 Right to Modify
OneFeather reserves the right to modify these Terms at any time. Changes will be effective upon posting of the updated Terms to the Platform and notification to Users in accordance with this Section.
19.2 Notice of Changes
OneFeather will provide not less than thirty (30) days' and not more than sixty (60) days' advance notice before any material change to these Terms takes effect. Notice will be provided by one or more of the following means: (a) electronic mail to the address associated with your Account; or; (b) in-app notification through the OneFeather Applications. OneFeather will use reasonable means to ensure that notice of material changes can be confirmed as delivered.
19.3 Right to Cancel
If a material change to these Terms negatively affects you, including by increasing your obligations or reducing the Services you receive, you may cancel your Account without penalty by contacting OneFeather before the change takes effect, or within a reasonable period after receiving notice. Cancellation under this Section is subject to Section 14.
19.4 Continued Use as Acceptance
If you do not cancel your Account in accordance with Section 19.3, your continued use of the Services following the effective date of any changes to these Terms constitutes your acceptance of the updated Terms.
19.5 Nation and Organization Agreements
Changes to Services provided under a Nation Agreement are governed by the terms of that agreement and not by this Section.
20. Relationship to Additional Terms
20.1 Modular Structure
OneFeather provides Services through a modular platform. These Terms constitute the core platform agreement applicable to all Users. Certain Services are governed by Additional Terms, which supplement and form part of the overall agreement between you and OneFeather.
20.2 Hierarchy of Terms
In the event of a conflict between these Terms and any applicable Additional Terms, the following order of precedence shall apply:
(a) Applicable Law — applicable federal, provincial, and territorial laws and regulations, which take precedence over all other terms;
(b) Financial Services Agreement — Governing the use of prepaid card programs and other financial products offered through the platform by third-party providers. This agreement is provided separately and is not embedded in these Terms.
(c) Nation Agreement — Governing the provision of Services to members of a specific Nation or Organization. Where a Nation Agreement addresses matters covered by these Terms, the Nation Agreement shall take precedence with respect to Services provided to members of that Nation.
(d) Program-Specific Terms — Additional terms applicable to specific programs, features, or services made available through the platform from time to time.
20.3 Availability of Additional Terms
Where Additional Terms apply to a Service, OneFeather will make those terms available to you prior to your use of the relevant Service. By accessing a Service subject to Additional Terms, you agree to be bound by those terms.
21. Contact Information
For questions, concerns, or notices regarding these Terms or the Services, you may contact OneFeather at:
OneFeather Mobile Technologies Ltd. 209-852 Fort Street, Victoria, BC, V8W 1H8 Email: support@onefeather.ca Website: https://www.onefeather.ca
For matters relating to Financial Services, please contact the applicable third-party financial service provider as identified in your Financial Services Agreement.
For privacy-related inquiries, please refer to the Privacy Policy or contact OneFeather's Privacy Officer at privacy@onefeather.ca.