Privacy Policy

1. Introduction and Acceptance

This Privacy Policy (hereinafter referred to as the "Policy") constitutes a legally binding agreement between you (hereinafter referred to as "User", "you", or "your") and EightyThreeLabs Inc., a corporation incorporated under the laws of Canada (hereinafter referred to as "Company", "we", "us", or "our"), governing the collection, use, disclosure, and protection of information obtained through your use of the s-curve platform, including all associated websites, applications, and services (collectively, the "Platform" or "Service").

By accessing, browsing, or otherwise using the Platform, or by clicking to accept or agree to this Policy when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by this Policy and all terms incorporated by reference. If you do not agree to all provisions of this Policy, you are expressly prohibited from using the Platform and you must discontinue use immediately.

The Company reserves the right, in its sole and absolute discretion, to modify, amend, or replace this Policy at any time. Your continued use of the Platform following the posting of a revised Policy constitutes your acceptance of such changes. It is your responsibility to review this Policy periodically for updates.

2. Company Information

3. Information We Collect

3.1 Personal Information You Provide

You represent and warrant that all information you provide to the Company is accurate, current, and complete. We collect the following categories of personal information that you voluntarily provide when registering for, accessing, or using the Platform:

• Name: First and last name for account personalization
• Email Address: For account creation, authentication, and communications
• Username: Your chosen display name on the Platform
• Age/Date of Birth: Optional, voluntarily provided by users; the Platform assumes all users are 13+ unless otherwise indicated
• Phone Number: Optional, for account security and notifications
• Address: Optional, for billing and verification purposes
• Payment Information: Processed securely through Stripe (we do not store full credit card numbers)

3.2 Automatically Collected Information

When you use s-curve, we automatically collect certain information:

• Usage Data: Pages visited, time spent, features used, learning progress
• Device Information: Browser type, operating system, device type
• IP Address: For security, analytics, and geographic location
• Cookies and Similar Technologies: Session data, preferences, analytics
• Location Data: Approximate location via IP address, precise location with your permission

3.3 Information from Third Parties

• Google Sign-In: Name, email, and profile information when you use Google authentication
• Payment Processors: Transaction data from Stripe
• Analytics Providers: Aggregated usage statistics from Google Analytics

4. Age Policy and COPPA Compliance

4.1 Age Verification and Assumption

The Company does not require users to provide age information during registration. The Platform assumes that all users are thirteen (13) years of age or older unless age information is voluntarily provided by the user indicating otherwise. The Company does not actively verify user ages and relies entirely on user representations regarding age eligibility.

4.2 No Collection from Children Under 13

The Company does not knowingly collect, use, or disclose personal information from children under thirteen (13) years of age. If age information is voluntarily provided indicating a user is under thirteen (13), or if the Company becomes aware that a user is under thirteen (13) years of age, the Company reserves the right to:

• Immediately terminate the user's account without notice or refund
• Delete all personal information associated with the underage user
• Block further access to the Platform from that user
• Take no further action if deemed appropriate in the Company's sole discretion

4.3 Parental Rights and Notifications

If a parent or guardian becomes aware that their child has provided personal information to the Platform without parental consent, they should contact the Company immediately at contact@eightythreelabs.com. The Company will take commercially reasonable steps to delete such information from its systems.

4.4 No Liability for Age Misrepresentation

The Company has no obligation to verify user ages and SHALL HAVE NO LIABILITY for any damages, claims, or consequences arising from: (a) misrepresentation of age by users; (b) access to the Platform by users under thirteen (13) years of age; (c) failure to obtain parental consent where required; (d) any COPPA or child privacy law violations resulting from user misrepresentation; or (e) content accessed or created by underage users. Users assume all responsibility for ensuring compliance with applicable age restrictions.

5. How We Use Your Information

The Company uses the information collected from you for the following purposes, as permitted by applicable law and in accordance with your consent where required:

• Account Management: Create, maintain, and manage your account; authenticate users; verify identity
• Service Delivery: Provide access to learning content; track progress and achievements; personalize user experience
• Payment Processing: Process subscription payments; manage billing; handle refund requests
• Communications: Send transactional emails; provide customer support; deliver newsletters and notifications
• Analytics and Improvement: Analyze usage patterns; monitor Platform performance; develop new features; conduct research
• Security and Fraud Prevention: Detect and prevent fraud, abuse, and unauthorized access; enforce Terms and Conditions
• Marketing and Advertising: Send promotional materials (subject to opt-out rights); display targeted advertisements; conduct retargeting campaigns
• Legal Compliance: Comply with legal obligations; respond to lawful requests from authorities; protect rights and interests
• Business Operations: Facilitate mergers, acquisitions, or asset sales; maintain business records; resolve disputes

The Company reserves the right to use your information for any other lawful purpose consistent with this Privacy Policy or as permitted by applicable law. You expressly consent to all such uses by accessing and using the Platform.

6. Cookies and Tracking Technologies

We use the following technologies to enhance your experience:

6.1 Types of Technologies

• Cookies: Small files stored on your device for session management and preferences
• Local Storage: Browser storage for offline capabilities and user settings
• Sessions: Temporary storage for maintaining login state
• Google Analytics: Track usage statistics and performance metrics
• Google Maps API: Provide location-based features

6.2 Advertising and Retargeting

We use retargeting technologies to show you relevant advertisements on other websites. We do not use Facebook Pixel, but we may use other advertising networks.

6.3 Managing Cookies

You can control cookies through your browser settings. Note that disabling cookies may affect Platform functionality.

7. Third-Party Services

We integrate with the following third-party services:

These services have their own privacy policies. We recommend reviewing them.

8. Device Permissions

s-curve may request the following device permissions:

• Location (Geolocation): To provide location-based features and content. You can deny this permission at any time.
• Contacts: Optional access to share progress with friends or invite others to the Platform.

You can manage these permissions through your device or browser settings.

9. How We Share Your Information

The Company may disclose, transfer, or otherwise share your personal information in the following circumstances:

9.1 Service Providers and Business Partners

The Company may share your information with third-party service providers, contractors, and business partners who assist in operating the Platform, processing payments, providing analytics, delivering content, or performing services on our behalf. These parties may have access to your personal information as necessary to perform their functions, but are obligated not to use it for other purposes. However, the Company SHALL HAVE NO LIABILITY for any unauthorized use, disclosure, or security breach by such third parties.

9.2 Legal Requirements and Law Enforcement

The Company may disclose your information when required or permitted by law, including to:

• Comply with legal obligations, court orders, subpoenas, or lawful government requests
• Enforce our Terms and Conditions or other agreements
• Protect the rights, property, or safety of the Company, our users, or others
• Detect, prevent, or address fraud, security issues, or technical problems
• Respond to claims of violation of third-party rights

9.3 Business Transfers and Corporate Transactions

In connection with any merger, acquisition, consolidation, restructuring, sale of assets, bankruptcy, insolvency proceedings, or other corporate transaction, your personal information may be transferred, sold, assigned, or otherwise disclosed to third parties as part of such transaction. You acknowledge and agree that such transfers may occur, and that any acquirer or successor entity may continue to use your information as set forth in this Policy.

9.4 Consent-Based Sharing

The Company may share your information with third parties when you explicitly consent to such disclosure or direct us to share information with specific parties.

9.5 Aggregated and De-Identified Data

The Company may share aggregated, anonymized, or de-identified information that does not reasonably identify you personally for research, marketing, analytics, or other lawful business purposes.

9.6 Sale of Personal Information

As of the date of this Policy, the Company does not sell your personal information to third parties for monetary consideration. However, the Company reserves the right to modify its business practices in the future, and will update this Policy and provide required notices if such practices change.

10. Data Security and Disclaimer of Warranties

10.1 Security Measures

The Company implements commercially reasonable security measures to protect your information, including but not limited to:

• Encryption of data in transit using HTTPS/SSL protocols
• Secure password hashing and authentication mechanisms
• Periodic security audits and software updates as resources permit
• Access controls and user authentication systems
• Secure payment processing through PCI-compliant third-party providers

10.2 No Guarantee of Security

NOTWITHSTANDING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• No method of transmission over the Internet or electronic storage is completely secure or error-free
• The Company CANNOT AND DOES NOT GUARANTEE the absolute security of any information you transmit to or store on the Platform
• Unauthorized third parties may unlawfully intercept, access, copy, modify, or destroy your personal information
• Security breaches, data breaches, hacking incidents, or unauthorized access may occur despite the Company's reasonable security measures
• The Platform may contain security vulnerabilities, software bugs, or technical defects that could compromise the security of your information
• You transmit all information to the Platform AT YOUR OWN RISK

10.3 Limitation of Liability for Security Incidents

To the maximum extent permitted by applicable law, the Company SHALL HAVE NO LIABILITY to you or any third party for any unauthorized access to, use of, disclosure of, modification of, or destruction of your personal information or any other data stored on or transmitted through the Platform, whether resulting from:

• Security breaches, data breaches, or hacking incidents
• Malware, viruses, ransomware, or other malicious code
• Technical failures, system outages, or equipment malfunctions
• Actions or inactions of third-party service providers
• Employee negligence, misconduct, or unauthorized actions
• Acts of God, force majeure events, or circumstances beyond the Company's reasonable control
• Any other cause whatsoever, whether foreseeable or unforeseeable

10.4 Your Responsibility

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security. The Company shall NOT BE LIABLE for any loss or damage arising from your failure to comply with this security obligation or from any authorized or unauthorized access to your account.

11. Data Retention and Deletion

11.1 Retention Period

The Company retains your personal information for as long as necessary to: (a) provide the Services and fulfill the purposes outlined in this Privacy Policy; (b) comply with legal, regulatory, tax, accounting, or reporting requirements; (c) resolve disputes; (d) enforce our agreements; or (e) as otherwise permitted or required by applicable law.

11.2 Account Deletion

Upon your request to delete your account, the Company will use commercially reasonable efforts to delete or anonymize your personal information within thirty (30) days, except where retention is required or permitted by applicable law. However, you expressly acknowledge and agree that:

• Certain information may be retained in backup systems, archives, or disaster recovery systems for a reasonable period
• Anonymized or aggregated data that does not identify you personally may be retained indefinitely
• Information may be retained as required to comply with legal obligations, resolve disputes, or enforce agreements
• Complete deletion cannot be guaranteed due to technical limitations, backup procedures, or legal requirements

11.3 Service Discontinuation

In the event the Company ceases operations, discontinues the Platform, becomes insolvent, or files for bankruptcy protection, the Company shall have NO OBLIGATION to: (a) preserve, maintain, or provide access to your personal information or any other data; (b) migrate, export, or transfer your information to you or any third party; or (c) provide advance notice of data deletion. You assume all risks associated with potential data loss in such circumstances.

12. Your Privacy Rights

You have the following rights regarding your personal information:

• Access: Request a copy of the personal information we hold about you
• Correction: Update or correct inaccurate information
• Deletion: Request deletion of your personal information
• Opt-Out: Unsubscribe from marketing communications
• Data Portability: Receive your data in a machine-readable format
• Restrict Processing: Limit how we use your information

To exercise these rights, contact us at contact@eightythreelabs.com.

13. International Users

s-curve is operated from Canada. If you are accessing the Platform from outside Canada, please be aware that your information may be transferred to, stored, and processed in Canada. By using the Platform, you consent to the transfer of your information to Canada and agree to the terms of this Privacy Policy.

14. Email Communications

We send the following types of emails:

• Transactional Emails: Account verification, password resets, payment confirmations (cannot opt-out)
• Service Updates: Important Platform changes and notifications
• Marketing Emails: Promotional content, new features, special offers (opt-in/opt-out available)
• Newsletters: Educational content and learning tips (opt-in required)

You can unsubscribe from marketing emails by clicking the "unsubscribe" link in any email or by contacting us.

15. Limitation of Liability

15.1 No Liability for Privacy-Related Incidents

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "COMPANY PARTIES") SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES, CLAIMS, OR CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO:

• Unauthorized access to, use of, disclosure of, modification of, or destruction of your personal information
• Data breaches, security incidents, hacking attacks, or cybersecurity vulnerabilities
• Loss, corruption, deletion, or unavailability of your personal information or any other data
• Interception, monitoring, or collection of your information by third parties
• Identity theft, fraud, or other criminal activities involving your information
• Misuse of your information by third-party service providers or other users
• Privacy violations, whether intentional or negligent
• Failure to comply with data protection laws or regulations
• Any other privacy-related matter, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE

15.2 Exclusion of Damages

In no event shall the Company Parties be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including without limitation damages for lost profits, lost revenues, emotional distress, reputational harm, identity theft costs, credit monitoring expenses, legal fees, or any other commercial damages or losses, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.3 Liability Cap

In jurisdictions where complete exclusion of liability is not permitted by law, the Company's total aggregate liability for any and all claims arising out of or related to this Privacy Policy or the processing of your personal information shall be limited to the maximum extent permitted by applicable law, which in no event shall exceed twenty percent (20%) of the total subscription fees paid by you to the Company in the twelve (12) months immediately preceding the event giving rise to such liability.

15.4 Third-Party Actions

THE COMPANY SHALL NOT BE LIABLE FOR THE PRIVACY PRACTICES, DATA SECURITY MEASURES, OR ACTIONS OF THIRD-PARTY SERVICE PROVIDERS, BUSINESS PARTNERS, ADVERTISERS, OR OTHER THIRD PARTIES WHO MAY ACCESS, COLLECT, USE, OR DISCLOSE YOUR PERSONAL INFORMATION THROUGH THE PLATFORM OR IN CONNECTION WITH THE SERVICES.

15.5 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY, AND THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE PLATFORM ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

16. Changes to This Privacy Policy

The Company reserves the right, in its sole and absolute discretion, to modify, amend, supplement, or replace this Privacy Policy at any time, for any reason, with or without notice. The Company will use commercially reasonable efforts to notify you of material changes to this Policy by posting a notice on the Platform, sending an email to the address associated with your account, or by other reasonable means.

Your continued use of the Platform following the posting of a revised Privacy Policy constitutes your acceptance of and agreement to such changes. If you do not agree to the modified Privacy Policy, you must discontinue use of the Platform immediately. It is your responsibility to review this Policy periodically for updates.

17. Governing Law and Jurisdiction

17.1 Governing Law

This Privacy Policy and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law.

17.2 Exclusive Jurisdiction

You irrevocably agree that the courts of the Province of Ontario shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Privacy Policy or its subject matter or formation (including non-contractual disputes or claims). You irrevocably waive any objection to proceedings in such courts on the grounds of venue or on the grounds that proceedings have been brought in an inconvenient forum.

18. Contact Information

If you have questions or concerns about this Privacy Policy, or wish to exercise your privacy rights, please contact us:

19. Additional Rights for EU and California Residents

19.1 European Union Residents (GDPR)

If you are a resident of the European Union, you have the following rights under the General Data Protection Regulation (GDPR), subject to applicable legal limitations and exceptions:

• Right to access, rectify, erase, and restrict processing of your personal data
• Right to data portability and to receive your data in a structured, machine-readable format
• Right to object to processing of your personal data for certain purposes
• Right to withdraw consent at any time (without affecting the lawfulness of processing based on consent before withdrawal)
• Right to lodge a complaint with a supervisory authority in your jurisdiction

The Company may require verification of your identity before processing requests to exercise these rights. The Company reserves the right to deny requests that are manifestly unfounded, excessive, or otherwise not required by applicable law.

19.2 California Residents (CCPA/CPRA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), subject to applicable legal limitations and exceptions:

• Right to know what categories of personal information are collected, used, disclosed, or sold
• Right to know the specific pieces of personal information the Company has collected about you
• Right to deletion of your personal information, subject to certain exceptions
• Right to opt-out of the sale or sharing of your personal information (Note: We do not sell personal information)
• Right to non-discrimination for exercising your privacy rights
• Right to correct inaccurate personal information
• Right to limit the use and disclosure of sensitive personal information

To exercise these rights, please contact us at contact@eightythreelabs.com. We will verify your identity before processing your request and will respond within the timeframes required by applicable law.

19.3 Limitations and Exceptions

Notwithstanding the foregoing, the Company's ability to honor data subject requests may be limited by: (a) technical limitations or constraints; (b) legal obligations to retain certain information; (c) legitimate business interests; (d) the need to defend against legal claims; (e) resource constraints as a small business entity; or (f) other exceptions permitted by applicable law. The Company shall have NO LIABILITY for any failure or inability to comply with data subject requests to the extent such failure results from the foregoing limitations.