Terms and Conditions

1. Acceptance of Terms

These Terms and Conditions (hereinafter referred to as the "Agreement" or "Terms") constitute 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 your access to and 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 these Terms when this option is made available to you, you acknowledge that you have read, understood, and agree to be bound by these Terms and all terms incorporated by reference. If you do not agree to all of these Terms, 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 these Terms at any time. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically for updates.

2. Company Information

3. User Registration and Account Security

Access to certain features of the Platform requires the creation of a user account. By registering for an account, you represent and warrant that:

• All registration information you submit is truthful, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update such information as necessary
• You have the legal capacity and agree to comply with these Terms
• You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Platform
• You will not access the Platform through automated or non-human means
• You will not use the Platform for any illegal or unauthorized purpose

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. 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.

The Company reserves the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4. Age Requirements and Eligibility

4.1 Minimum Age Requirement

The Platform is intended for users who are thirteen (13) years of age or older. By using the Platform, you represent and warrant that:

• You are at least thirteen (13) years of age
• You have the legal capacity to enter into this Agreement or, if you are a minor, have obtained the necessary parental or guardian consent
• Your use of the Platform complies with all applicable laws and regulations in your jurisdiction

4.2 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. By accessing or using the Platform without providing age information, you affirmatively represent that you are at least thirteen (13) years of age.

4.3 No Liability for Age Misrepresentation

The Company has no obligation to verify the age of users and relies entirely on user representations regarding age eligibility. The Company SHALL HAVE NO LIABILITY for any damages, claims, or consequences arising from:

• Misrepresentation of age by users
• Access to the Platform by users under thirteen (13) years of age
• Failure to obtain parental consent where required
• Any COPPA or child privacy law violations resulting from user misrepresentation
• Content accessed or created by underage users

4.4 Account Termination for Underage Users

If the Company becomes aware that a user is under thirteen (13) years of age, the Company reserves the right to immediately terminate such user's account without notice, refund, or liability. The Company has no obligation to actively monitor or verify user ages, and bears no responsibility for underage access to the Platform.

5. Personal Information Collection

We collect the following personal information from our users:

• Name and username
• Email address
• Age or date of birth (optional; the Platform assumes all users are 13+ unless otherwise indicated)
• Phone number (optional, when provided)
• Physical address (optional, when provided)
• Payment information (processed securely through third-party providers)

For more information, please review our Privacy Policy.

6. Subscription Services and Payment Terms

6.1 Subscription Plans

The Company offers various subscription plans, including but not limited to free-tier access and premium paid subscriptions (collectively, "Subscription Services"). The specific features, limitations, and pricing associated with each Subscription Service are described on the Platform and are incorporated into these Terms by reference.

6.2 Payment Authorization and Billing

By subscribing to a paid Subscription Service, you agree to pay all applicable fees as described at the time of purchase. You hereby authorize the Company to charge your designated payment method for:

• One-time payments for specific features, content, or services as selected by you
• Recurring subscription fees on a monthly, annual, or other periodic basis as selected by you
• All applicable taxes, duties, and other governmental charges

Subscription fees are billed in advance on a recurring basis corresponding to your selected billing cycle. You acknowledge that the amount billed may vary due to promotional offers, changes in your subscription plan, or changes in applicable taxes, and you authorize the Company to charge your payment method for such varying amounts.

6.3 Price Changes

The Company reserves the right, in its sole discretion, to modify the pricing for Subscription Services at any time. The Company will provide you with reasonable prior notice of any price changes by posting the new prices on the Platform or by sending you an email notification. If you do not agree to the price change, you must cancel your subscription before the price change takes effect. Your continued use of the Subscription Service after the price change becomes effective constitutes your agreement to pay the modified price.

6.4 Cancellation and Termination

You may cancel your subscription at any time through your account settings or by contacting the Company. Upon cancellation, your subscription will remain active until the end of your current billing period, after which it will automatically terminate. You will continue to have access to the Subscription Service until the end of the then-current billing period, but you will not be charged for any subsequent billing periods.

Except as expressly provided in Section 6.5, all fees are non-refundable. No refunds or credits will be provided for partial months or years of service, upgrade or downgrade refunds, or refunds for periods in which your account was open but you did not use the Service.

6.5 Refund Policy

The Company offers a limited seven (7) day money-back guarantee for new premium subscriptions purchased directly through the Platform. To be eligible for a refund, you must:

• Submit a refund request in writing to contact@eightythreelabs.com within seven (7) calendar days of your initial purchase date
• Not have previously requested a refund for the same or substantially similar Subscription Service
• Be in compliance with all Terms of this Agreement

Refunds, if approved, will be processed within a reasonable timeframe and issued to the original payment method. The Company reserves the right to deny refund requests in its sole discretion, including but not limited to cases of suspected fraud, abuse of the refund policy, or violation of these Terms.

This refund policy does not affect your statutory rights under applicable consumer protection laws.

7. Data Collection and Tracking

We use various technologies to improve your experience and analyze Platform usage:

7.1 Analytics and Tracking

• Google Analytics for usage statistics and performance monitoring
• Google Maps API for location-based features
• Cookies and local storage for user preferences and session management

7.2 Advertising and Retargeting

• We display advertisements on the Platform
• We use retargeting technologies to show relevant ads
• We do not use Facebook Pixel

7.3 Device Permissions

• Geolocation (with your permission)
• Contact access (with your permission)

8. Third-Party Services

We integrate with third-party services to enhance your experience:

• Google Sign-In: For easy account creation and authentication
• Payment Processors: For secure payment processing (Stripe)
• Email Services: For sending notifications and newsletters

These services have their own privacy policies and terms of service.

9. User Content and Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Harass, abuse, or harm other users
• Attempt to gain unauthorized access to the Platform
• Interfere with or disrupt the Platform's operation
• Use automated systems to access the Platform without permission

10. Intellectual Property

All content on the Platform, including text, graphics, logos, images, and software, is the property of EightyThreeLabs Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.

11. Disclaimers of Warranties and Service Availability

11.1 "AS IS" and "AS AVAILABLE" Disclaimer

The Platform and all content, services, features, and functionality therein are provided on an "AS IS" and "AS AVAILABLE" basis WITHOUT WARRANTIES OF ANY KIND, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Company makes no warranty, representation, or guarantee that:

• The Platform will be available, accessible, uninterrupted, timely, secure, or error-free at any time or from any location
• The Platform will continue to operate for any specific period of time or indefinitely
• Any defects or errors will be corrected, or that the Platform will be free from viruses or other harmful components
• The results obtained from the use of the Platform will be accurate, complete, or reliable
• The quality of any content, information, or services obtained through the Platform will meet your requirements or expectations
• Any data, content, or user-generated information will be stored, preserved, or made available for retrieval
• Any particular features, functionality, or content will be maintained, supported, or available in the future

11.2 Service Discontinuation and Cessation of Operations

The Company reserves the absolute right to modify, suspend, or discontinue the Platform or any portion thereof, temporarily or permanently, at any time and for any reason, with or without notice. You expressly acknowledge and agree that in the event the Company ceases operations, discontinues the Platform, becomes insolvent, files for bankruptcy protection, or otherwise becomes unable to provide the Services:

• The Company shall have NO OBLIGATION to provide refunds, credits, or any form of compensation for any unused subscription time, except as expressly provided in Section 6.5 (seven-day refund period only)
• The Company shall have NO OBLIGATION to provide advance notice of such discontinuation, suspension, or cessation of operations
• The Company shall NOT BE LIABLE for any loss of access to the Platform, your account, any content, data, purchased features, subscription benefits, or any other materials
• You shall have NO RECOURSE, legal or equitable, to recover any fees, payments, or other consideration paid to the Company for services rendered or subscriptions purchased prior to such discontinuation
• The Company shall have NO OBLIGATION to preserve, migrate, export, or make available any of your data, content, account information, or any other materials
• The Company shall NOT BE LIABLE for any consequential, incidental, indirect, or special damages arising from such discontinuation

11.3 No Obligations or Duties to Users

Except as expressly set forth in this Agreement, the Company OWES NO DUTIES OR OBLIGATIONS TO YOU WHATSOEVER. Without limiting the generality of the foregoing, you expressly acknowledge and agree that:

• The Company owes you no duty to provide any specific level of service quality, performance, uptime, or availability
• The Company may, in its sole and absolute discretion, modify, alter, remove, or discontinue any features, functionality, content, or services at any time without notice or liability
• The Company has no obligation to maintain backward compatibility with any prior versions, features, data formats, or functionality
• The Company has no obligation to provide technical support, customer service, or any form of user assistance, though it may elect to do so in its sole discretion
• The Company has no duty to update, patch, or maintain the Platform or any portion thereof
• You assume all risks associated with your use of the Platform, including but not limited to risks of data loss, service interruption, security breaches, or unauthorized access
• The Company makes no representations or warranties regarding the suitability of the Platform for any particular purpose

11.4 Limited Resources Acknowledgment

You acknowledge that the Company is a small business entity with limited financial, technical, and human resources. Accordingly, you expressly understand and agree that:

• The Company cannot and does not guarantee continuous, uninterrupted, or secure access to the Platform
• The Company cannot and does not guarantee any specific response time to support inquiries, bug reports, or feature requests
• The Platform may experience extended periods of downtime, degraded performance, or complete unavailability
• The Platform may suffer from data loss, corruption, or unauthorized access due to technical limitations or security vulnerabilities
• Features and functionality may be removed, deprecated, or rendered non-functional without prior notice
• The Company's financial condition may deteriorate, requiring immediate cessation of operations without advance warning to users
• The Company may lack the resources necessary to respond to legal process, regulatory inquiries, or user complaints

11.5 Assumption of Risk

By using the Platform, you expressly assume all risks associated therewith, including but not limited to the risk that the Platform may become permanently unavailable, that your data may be lost or irretrievable, that features you rely upon may be discontinued, and that the Company may cease operations WITHOUT REFUNDING FEES OR COMPENSATING YOU IN ANY MANNER. Your use of the Platform is entirely at your own risk.

12. Limitation of Liability and Damages

12.1 Exclusion of Damages

To the maximum extent permitted by applicable law, in no event shall the Company, its officers, directors, employees, agents, affiliates, successors, or assigns (collectively, the "Company Parties") be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including without limitation damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data, loss of goodwill, business interruption, computer failure or malfunction, or any other commercial damages or losses, arising out of or related to your use or inability to use the Platform, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES and regardless of the theory of liability (whether in contract, tort, strict liability, or otherwise) upon which any such claim is based.

12.2 No Liability

To the maximum extent permitted by applicable law, 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 this Agreement or the use of or inability to use the Platform, whether in contract, tort (including negligence), strict liability, warranty, or otherwise. This includes but is not limited to liability for service discontinuation, platform unavailability, data loss, cessation of operations, or any other matter relating to the Platform.

Except as expressly provided in Section 6.5 (seven-day refund policy for new subscriptions only), you shall NOT BE ENTITLED to any refund, credit, reimbursement, compensation, or any other form of monetary recovery under any circumstances whatsoever, including but not limited to:

• Service discontinuation, suspension, or cessation of operations
• Platform unavailability, downtime, or performance issues
• Loss of data, content, or account access
• Changes to features, pricing, or terms
• Technical failures, security breaches, or unauthorized access
• Any other matter relating to the Platform or Services

In jurisdictions where complete exclusion of liability is not permitted, the Company's liability shall be limited to the minimum 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.

12.3 No Liability for Third-Party Actions

THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY OR RESULTING FROM: (a) ACTIONS OR INACTIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THIRD-PARTY SERVICE PROVIDERS, PAYMENT PROCESSORS, HOSTING PROVIDERS, OR INTERNET SERVICE PROVIDERS; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; (d) EVENTS BEYOND THE COMPANY'S REASONABLE CONTROL, INCLUDING ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR, OR MATERIALS; OR (e) ANY OTHER MATTER RELATING TO THE PLATFORM.

12.4 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12 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.

12.5 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

13. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COSTS) ARISING FROM OR RELATED TO: (a) YOUR USE OF OR ACCESS TO THE PLATFORM; (b) YOUR VIOLATION OF ANY PROVISION OF THESE TERMS; (c) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, TRADEMARK, TRADE SECRET, OR OTHER PROPERTY OR PRIVACY RIGHT; (d) ANY CLAIM THAT YOUR USE OF THE PLATFORM CAUSED DAMAGE TO A THIRD PARTY; OR (e) ANY CONTENT YOU SUBMIT, POST, TRANSMIT, OR MAKE AVAILABLE THROUGH THE PLATFORM.

THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF THESE TERMS AND YOUR USE OF THE PLATFORM. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH THE COMPANY IN ASSERTING ANY AVAILABLE DEFENSES.

14. Termination and Suspension

14.1 Termination by Company

The Company reserves the right, in its sole and absolute discretion, to terminate, suspend, or restrict your access to the Platform or any portion thereof, immediately and without prior notice or liability, for any reason or no reason whatsoever, including but not limited to: (a) violation of these Terms; (b) conduct that the Company believes is harmful to other users, the Company, or third parties; (c) conduct that may create liability for the Company; (d) fraudulent, harassing, defamatory, threatening, or abusive behavior; (e) violation of applicable laws or regulations; (f) use of the Platform in any manner that could damage, disable, overburden, or impair the Platform; or (g) any other reason determined by the Company in its sole discretion.

14.2 Effect of Termination

Upon termination of your account or access to the Platform for any reason: (a) all rights and licenses granted to you under these Terms shall immediately cease; (b) you must immediately cease all use of the Platform; (c) you will not be entitled to any refunds of fees or any other compensation; (d) the Company may, but is not obligated to, delete your account and all associated data; and (e) the Company shall have no obligation to retain, preserve, or provide you with any content, data, or materials associated with your account.

14.3 Survival

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

15. Modification of Terms

The Company reserves the right, in its sole discretion, to modify, amend, supplement, or replace these Terms at any time, for any reason, with or without notice. The Company will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Platform, sending an email to the address associated with your account, or by other reasonable means. However, it is your responsibility to review these Terms periodically for updates.

Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of and agreement to such changes. If you do not agree to the modified Terms, you must discontinue use of the Platform immediately. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their 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.

16.2 Jurisdiction and Venue

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 these Terms or their 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.

16.3 Waiver of Class Actions

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. IF THIS SPECIFIC WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS DISPUTE RESOLUTION PROVISION SHALL BE NULL AND VOID.

17. Contact Information

If you have any questions about these Terms, please contact us: