Terms of Use

Acceptance of Terms

These Terms of Use (the "Terms") constitute a legally binding agreement between you (individually and, if applicable, on behalf of the entity you represent) (collectively, "you" or "Subscriber") and Predictively Inc., a corporation incorporated under the laws of British Columbia ("Predictively", "we", or "us").

By accessing or using our website, platform, intelligence reports, API, or any related service (collectively, the "Services"), you confirm that:

1. you have read, understood, and agree to be bound by these Terms;
2. where you are accepting these Terms on behalf of an organization, you have authority to bind that organization, and these Terms are binding on that organization; and
3. you meet the eligibility requirements set out in Section 3.

If you do not agree to these Terms, you must not access or use the Services. These Terms supersede all prior oral or written agreements between you and Predictively relating to the Services.

We may modify these Terms at any time. Material changes will be communicated through your account dashboard or by email. Continued use of the Services after the effective date of a modification constitutes acceptance of the revised Terms.

Definitions

The following defined terms apply throughout these Terms:

Eligibility

Access to and use of the Services is restricted to:

• Individuals who are at least eighteen (18) years of age and have attained the age of majority in their province or territory of residence;
• Businesses, corporations, partnerships, or other legal entities acting through their duly authorized representatives; and
• Individuals and entities who are not barred from receiving the Services under applicable law.

The Services are designed for professional and commercial use by operators, investors, analysts, consultants, compliance professionals, and other participants in regulated gaming markets. The Services are not consumer products and are not directed at the general public in their capacity as individual consumers.

If you are using the Services on behalf of an entity, you represent and warrant that you have the legal authority to bind that entity to these Terms, and that the entity agrees to be bound by these Terms.

Description of Services

Predictively is a structured market intelligence platform that ingests publicly released aggregate market data published by iGaming Ontario and applies its proprietary analytical pipeline to produce Intelligence Reports. The Services include, depending on Subscription Tier:

• Standard (Tier 1): Monthly Ontario Performance intelligence reports covering employment trends, sector-level performance signals, regional benchmarking, and macroeconomic indicators derived from iGaming Ontario market data;
• Premium (Tier 2): Extended analytical layer incorporating deep-dive risk modelling, regime classification, proprietary composite indices, opportunity radar analysis, and executive-ready intelligence briefs; and
• API Access: Programmatic access to report data and intelligence outputs for authorized integrations, subject to applicable rate limits and the API terms in Section 10.

All Services are delivered on a software-as-a-service basis. We reserve the right to modify, enhance, withdraw, or discontinue any feature of the Services with reasonable notice, provided that material reductions in service scope will entitle you to a pro-rated refund of prepaid fees.

iGaming Ontario Data — Source Attribution & Independence

Predictively's Intelligence Reports are derived from aggregate market performance data published by iGaming Ontario ("iGO"), a subsidiary of the Ontario Lottery and Gaming Corporation, in the exercise of its market data transparency program. The following acknowledgements and limitations apply:

5.1 — Source Data Acknowledgement

iGaming Ontario market data is ingested by Predictively as published aggregate statistics. Predictively does not receive, process, or have access to individual operator data, player-level data, or any non-public information from iGaming Ontario or the Alcohol and Gaming Commission of Ontario ("AGCO").

5.2 — Independence

Predictively is not affiliated with, endorsed by, or operating in partnership with iGaming Ontario, the Ontario Lottery and Gaming Corporation, the Alcohol and Gaming Commission of Ontario, or any agency of the Government of Ontario or the Government of Canada. Use of iGaming Ontario market data in our reports does not imply any commercial, regulatory, or official relationship.

5.3 — Source Data Accuracy

Predictively takes reasonable steps to ingest and present iGaming Ontario data accurately. However, we are dependent on the accuracy, completeness, and timeliness of iGaming Ontario's public releases and cannot verify the underlying source data. Any errors or omissions in iGaming Ontario's published data may be reflected in our Intelligence Reports.

5.4 — Proprietary Layer

The analyses, interpretations, regime classifications, risk scores, opportunity rankings, and other work product contained in Predictively's Intelligence Reports are original proprietary work and are protected by applicable intellectual property law. The existence of iGaming Ontario data as an evidentiary source does not affect Predictively's ownership of the analytical layer.

Critical Disclaimers — No Predictions, No Advice

6.1 — Historical Analysis Only

All Intelligence Reports produced by Predictively are analyses of historical, publicly released market data. They reflect conditions that existed as of the reporting period covered by the relevant iGaming Ontario market data release. They do not represent, and must not be construed as representing, any view as to future market conditions, performance, trends, or outcomes.

6.2 — No Forward-Looking Representations

Any language in an Intelligence Report that could be construed as forward-looking — including without limitation references to "signals", "trajectory", "momentum", "outlook", "projections", "indicators", "expectations", or similar terms — reflects patterns derived from historical data and is provided solely as a structured analytical observation. Such language does not constitute a prediction, forecast, or guarantee of any future result. Past market patterns do not guarantee future performance. Markets are subject to regulatory, competitive, macroeconomic, and other forces that cannot be anticipated or quantified from historical data alone.

6.3 — Not Financial or Investment Advice

Predictively Intelligence Reports are market intelligence products and are not financial advice, investment advice, securities advice, or any other form of professional financial or investment guidance regulated under the Securities Act, RSO 1990, c. S.5 (Ontario), the Securities Act, RSBC 1996, c. 418 (British Columbia), or any other applicable securities or financial regulation. Nothing in any Intelligence Report should be construed as a recommendation to buy, sell, hold, or otherwise deal in any security, financial instrument, or investment product.

6.4 — Not Operational or Regulatory Advice

Intelligence Reports must not be used as the sole or primary basis for any operator's commercial, operational, regulatory compliance, marketing, product development, resource allocation, or strategic decision-making. Specifically:

• Do not use Intelligence Reports to determine bonus structures, promotional spend levels, customer acquisition targets, or player management strategies;
• Do not use Intelligence Reports to satisfy any obligation under the terms of your operator agreement with iGaming Ontario, your registration conditions under the AGCO, or any applicable Registrar Standards;
• Do not use Intelligence Reports as a substitute for your own market research, legal counsel, compliance advice, or actuarial or risk assessment services; and
• Do not present Intelligence Report outputs externally as independently verified market data or as authoritative statements of market fact.

You are solely responsible for any operational, commercial, regulatory, or financial decisions you make, regardless of whether you consulted an Intelligence Report in connection with that decision. Predictively expressly disclaims all liability for any such decision.

6.5 — Not Legal or Regulatory Advice

Nothing in any Intelligence Report, on our platform, or in any communication from Predictively constitutes legal, regulatory, compliance, or tax advice. You should seek independent legal, regulatory, and compliance counsel for all matters relating to your obligations as an iGaming operator, licensee, or registrant.

6.6 — Quality Threshold — Not a Warranty

While Intelligence Reports are subject to an internal quality scoring process before release, the application of a quality score does not constitute a warranty that any Intelligence Report is accurate, complete, current, error-free, or fit for any particular purpose. Quality scores are internal analytical metrics and not representations of factual accuracy.

6.7 — AI-Assisted Generation

Predictively uses artificial intelligence language model technology as part of its report generation pipeline, constrained by a deterministic source pack and a strict JSON schema. While our pipeline is designed to prevent fabrication and unsupported claims, AI-generated text may contain errors, inaccuracies, or stylistic characterizations that do not precisely reflect the underlying data. You are responsible for independently verifying any material fact before relying on it.

Subscriptions & Billing

7.1 — Subscription Plans

Access to the Services requires an active paid subscription. Current subscription plans, pricing, and included features are set out on our Pricing page, which is incorporated by reference into these Terms. We reserve the right to modify pricing with not less than thirty (30) days' written notice to existing Subscribers.

7.2 — Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of enrolment. All fees are quoted in Canadian Dollars (CAD) unless otherwise stated, and are exclusive of applicable taxes including HST, GST, and PST. You are responsible for all applicable taxes on the Services.

7.3 — Payment Authorization

By providing payment information, you authorize Predictively and its payment processor to charge the applicable subscription fees on the applicable billing date. You must ensure your payment details remain current. If a payment fails, we will notify you and may suspend access to the Services pending payment.

7.4 — Cancellation

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. We do not provide refunds for partially used billing periods, except where required by applicable consumer protection legislation or where we have materially breached these Terms.

7.5 — Trial Periods

Where a trial period is offered, access during the trial period is subject to these Terms. At the conclusion of the trial period, your subscription will automatically convert to a paid plan at the applicable rate unless you cancel prior to the end of the trial.

Intellectual Property Rights

8.1 — Ownership of Proprietary Content

All Proprietary Content — including Intelligence Reports, analytical methodologies, regime classification frameworks, risk scoring models, composite indices, signal taxonomies, visual design elements, software, source code, and all other materials created by or on behalf of Predictively — is and shall remain the exclusive property of Predictively Inc., protected by the Copyright Act, RSC 1985, c. C-42, the Trademarks Act, RSC 1985, c. T-13, and all other applicable intellectual property laws.

8.2 — iGaming Ontario Source Data

Raw iGaming Ontario market data ingested into our platform remains the property of iGaming Ontario and the Province of Ontario, as applicable. Our use of that data does not create any ownership or licence rights in favour of Subscribers with respect to the underlying source data.

8.3 — Trade-marks

The Predictively name, logo, and all associated trade-marks, service marks, and trade names are the exclusive property of Predictively Inc. You may not use our trade-marks without our prior written consent.

8.4 — No Transfer

These Terms do not transfer any intellectual property rights to you. All rights not expressly granted herein are reserved.

Licence Grant & Restrictions

9.1 — Limited Licence

Subject to your compliance with these Terms and payment of applicable fees, Predictively grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to:

• access and view Intelligence Reports through our platform for your internal business purposes;
• reproduce limited extracts from Intelligence Reports in internal business documents, presentations, and reports, provided that Predictively is clearly attributed as the source; and
• access the API in accordance with Section 10, if API access is included in your Subscription Tier.

9.2 — Restrictions

You must not, and must not permit any third party to:

• reproduce, redistribute, resell, sublicence, or commercially exploit Intelligence Reports, or any portion thereof, as a stand-alone product or in combination with any other product or service;
• use Intelligence Reports or Proprietary Content to train, fine-tune, or otherwise develop any machine learning or artificial intelligence system;
• remove, alter, or obscure any copyright notice, attribution, or proprietary legend from any Intelligence Report;
• represent Intelligence Reports as your own original analysis or as independently compiled market data;
• share your account credentials or provide access to the platform to any person who is not an authorized user under your subscription; or
• circumvent, disable, or otherwise interfere with any security, access control, or technical protection measure of the platform.

API Terms

10.1 — API Access

API access is available to Subscribers on eligible Subscription Tiers. API keys are issued per account and are confidential credentials. You are responsible for all API activity conducted using your API key.

10.2 — Permitted Use

API access is permitted solely for the purpose of integrating Predictively report data into your own internal systems, tools, or platforms for your internal business use. Third-party redistribution of API outputs as a data product, intelligence feed, or any other commercial offering is expressly prohibited without a separate written reseller or distribution agreement with Predictively.

10.3 — Rate Limits & Security

API usage is subject to rate limits as specified in our developer documentation. You must not attempt to circumvent rate limits, probe for security vulnerabilities, or use the API in any manner that impairs platform availability for other users. Predictively may suspend or revoke API access immediately upon detecting abuse.

10.4 — Key Management

You are responsible for maintaining the security of your API keys. If you believe your API key has been compromised, you must rotate it immediately using the admin portal. Predictively is not liable for any unauthorized use of your API key prior to rotation.

10.5 — Domain Restrictions

API access may be subject to domain restriction controls as configured in your account. You are responsible for ensuring that authorized domains are correctly configured. Predictively is not liable for unauthorized access resulting from incorrectly configured domain restrictions.

Acceptable Use

You agree not to use the Services in any manner that:

• violates any applicable law, regulation, or court order, including without limitation the Criminal Code, RSC 1985, c. C-46, applicable anti-corruption laws, or privacy legislation;
• infringes the intellectual property rights, privacy rights, or other rights of any third party;
• involves the transmission of any virus, malware, spyware, or other malicious code;
• constitutes unauthorized access to, or interference with, our platform, servers, or network infrastructure;
• involves scraping, crawling, or harvesting our platform or its outputs by automated means without our express written consent;
• constitutes unauthorized access to any report, feature, or data to which your Subscription Tier does not entitle you;
• involves impersonation of Predictively, our personnel, or any third party; or
• facilitates or promotes any of the foregoing.

We reserve the right to suspend or terminate your access to the Services immediately and without prior notice if we determine, in our reasonable discretion, that you have violated this Acceptable Use policy.

Confidentiality

Each party agrees to hold the other party's Confidential Information in strict confidence using at least the same degree of care it uses to protect its own confidential information, and in any event not less than reasonable care. Neither party will disclose the other party's Confidential Information to any third party without the prior written consent of the disclosing party, except to its employees, contractors, advisors, and agents who have a legitimate need to know and who are bound by confidentiality obligations no less restrictive than those contained herein.

The confidentiality obligations in this section do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without reference to the Confidential Information; or (d) is required to be disclosed by law, court order, or governmental authority, provided that the receiving party provides the disclosing party with prompt written notice and reasonable cooperation to obtain a protective order.

Intelligence Reports delivered to you under a paid subscription are Predictively's Confidential Information and are subject to the restrictions in Section 9 of these Terms.

Warranties & Disclaimers

13.1 — Subscriber Warranties

You represent and warrant that: (a) you have the legal authority to enter into these Terms; (b) your use of the Services will comply with all applicable laws; and (c) all information you provide to Predictively is accurate, current, and complete.

13.2 — Predictively Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. PREDICTIVELY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, OR SECURE; (C) ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY INTELLIGENCE REPORT OR OTHER OUTPUT; AND (D) ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Predictively does not warrant that iGaming Ontario market data is accurate, complete, or free from error, as we are dependent on iGaming Ontario's own publication processes. Any inaccuracies in iGaming Ontario's published data may be reflected in our Intelligence Reports without creating any liability on Predictively's part.

Limitation of Liability

14.1 — Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PREDICTIVELY, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUE, BUSINESS, CONTRACTS, OR ANTICIPATED SAVINGS; (C) LOSS OF GOODWILL OR REPUTATION; (D) LOSS OF OR CORRUPTION OF DATA; OR (E) ANY OTHER LOSS OR DAMAGE THAT IS NOT A DIRECT, FORESEEABLE CONSEQUENCE OF OUR BREACH, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF PREDICTIVELY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 — Aggregate Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREDICTIVELY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, STATUTE, OR OTHERWISE — WILL NOT EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU TO PREDICTIVELY IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) CAD $5,000.

14.3 — Essential Basis

The parties acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk, are an essential element of the basis of the bargain between the parties, and that Predictively would not have entered into these Terms without such limitations.

14.4 — Consumer Protection Savings

Nothing in these Terms limits or excludes any statutory rights that cannot be excluded or limited under applicable consumer protection legislation in your jurisdiction, to the extent that such legislation applies to you.

Indemnification

You agree to defend, indemnify, and hold harmless Predictively Inc. and its directors, officers, employees, contractors, agents, licensors, and suppliers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable legal fees on a solicitor-client basis) arising out of or relating to:

• your use of or reliance on the Services in violation of these Terms;
• your use of or reliance on any Intelligence Report for any operational, regulatory, financial, or investment decision;
• your violation of any applicable law or the rights of any third party in connection with your use of the Services;
• any content, data, or information you submit to us that infringes any third-party right; or
• any breach of your representations, warranties, or obligations under these Terms.

Predictively reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with Predictively's defence of such claims.

Termination

16.1 — Termination by You

You may terminate your subscription at any time by cancelling through your account settings or by contacting us. Termination takes effect at the end of the then-current billing period. These Terms will survive the termination of your subscription with respect to any accrued rights, obligations, and liabilities.

16.2 — Termination by Predictively

Predictively may suspend or terminate your access to the Services immediately upon written notice if:

• you materially breach these Terms and fail to cure the breach within fourteen (14) days of written notice (where the breach is capable of cure);
• you commit a material breach that is not capable of cure;
• you fail to pay any amount due and the failure continues for ten (10) days after notice;
• you become insolvent, make an assignment for the benefit of creditors, or have a receiver or trustee in bankruptcy appointed; or
• we are required to do so by applicable law or a governmental authority.

16.3 — Effect of Termination

Upon termination: (a) your licence to access the Services and Intelligence Reports immediately ceases; (b) you must cease all use of Proprietary Content; and (c) we may, subject to our Privacy Policy and applicable law, delete your account data. Sections 6, 8, 12, 13, 14, 15, and 17 survive termination indefinitely.

Governing Law & Dispute Resolution

17.1 — Governing Law

These Terms and any dispute, claim, or controversy arising out of or in connection with them (including non-contractual disputes) are governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of law principles.

17.2 — Exclusive Jurisdiction

The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Toronto for the resolution of any dispute arising out of or in connection with these Terms, subject to the arbitration provision below.

17.3 — Mandatory Pre-Litigation Notice

Before initiating any formal legal proceeding, a party must deliver written notice to the other party describing the nature and basis of the dispute and the relief sought (a "Dispute Notice"). The parties must negotiate in good faith for a period of thirty (30) days following delivery of a Dispute Notice before either party may commence formal proceedings.

17.4 — Limitation Period

Any claim arising out of or relating to these Terms must be commenced within two (2) years after the cause of action arose. This limitation period applies to the maximum extent permitted by applicable law and does not apply where a shorter statutory limitation period would otherwise govern.

General Provisions

18.1 — Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements or order forms executed between the parties, constitute the entire agreement between the parties with respect to the Services and supersede all prior and contemporaneous understandings, representations, and agreements.

18.2 — Severability

If any provision of these Terms is held invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force.

18.3 — Waiver

No failure or delay by Predictively in exercising any right under these Terms constitutes a waiver of that right. A waiver of any right or remedy on a particular occasion does not affect the exercise of that right or remedy on any other occasion.

18.4 — Force Majeure

Predictively is not liable for any failure or delay in performance to the extent caused by circumstances beyond our reasonable control, including acts of God, pandemic, network infrastructure failure, acts of governmental authority, cyberattack, or failure of third-party providers (including iGaming Ontario's data availability). We will notify you promptly of any material service interruption caused by a force majeure event.

18.5 — Assignment

You may not assign or transfer these Terms or your subscription without Predictively's prior written consent. Predictively may assign these Terms to any successor entity in connection with a merger, acquisition, or sale of substantially all of its assets.

18.6 — Notices

Legal notices to Predictively must be sent in writing to the address in Section 19. We may deliver notices to you by email to the address associated with your account. Notices are effective upon receipt.

18.7 — Language

The parties have agreed that these Terms and all related documents be drawn up in the English language. Les parties ont accepté que le présent accord et tous les documents connexes soient rédigés en langue anglaise.

Contact

All legal notices, questions about these Terms, or requests for permission to use Predictively content should be directed to: