Ask-Amber Terms & Conditions

Privacy Policy

Effective: March 4, 2024

We at IconDirect.com™ (together with our affiliates, “Provider”, “we”, “our” or “us”) respect your privacy and are strongly committed to keeping secure any information we obtain from you or about you. This Privacy Policy describes our practices with respect to Personal Information we collect from or about you when you use our website, applications, and services (collectively, “Services”). This Privacy Policy does not apply to content that we process on behalf of customers of our business offerings, such as resellers or distributors of our software or services. Our use of that data is governed by our customer agreements covering access to and use of those offerings.

A note about accuracy: Our Services generate responses by reading a user’s request and, in response, predicting the words most likely to appear next. In some cases, the words most likely to appear next may not be the most factually accurate. For this reason, you should not rely on the factual accuracy of output from our models.

1. Personal information we collect

We may collect personal information relating to you (“Personal Information”) as follows:

Personal Information You Provide: We collect Personal Information if you create an account to use our Services or communicate with us as follows:

• Account Information: If you create an account with us, we will collect information associated with your account, including (depending on the nature of the account and the information required to create it) your name, contact information, account credentials, payment card information, and transaction history (collectively, “Account Information”).

• User Content: When you use our Services, we collect Personal Information that is included in the input, file uploads, or feedback that you provide to our Services (“Content”).

• Communication Information: If you communicate with us, we collect your name, contact information, and the contents of any messages you send (“Communication Information”).

• Social Media Information: We may have pages on social media sites like Instagram, Facebook, Medium, Twitter, YouTube and LinkedIn. If you interact with our social media pages, we will collect Personal Information that you elect to provide to us, such as your contact details (collectively, “Social Information”). In addition, the companies that host our social media pages may provide us with aggregate information and analytics about our social media activity.

• Other Information You Provide: We may collect other information that you provide to us, such as when you participate in surveys or programs, or provide us with information to establish your identity (collectively, “Other Information You Provide”).

Personal Information We Receive Automatically From Your Use of the Services: When you visit, use, or interact with the Services, we may receive the following information (“Technical Information”):

• Log Data: Information that your browser or device automatically sends when you use our Services. Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interact with our Services.

• Usage Data: We may automatically collect information about your use of the Services, such as the types of content that you view or engage with, the features you use and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, and your computer connection.

• Device Information: Includes name of the device, operating system, device identifiers, and browser you are using. Information collected may depend on the type of device you use and its settings.

• Cookies: We use cookies to operate and administer our Services, and improve your experience. A “cookie” is a piece of information sent to your browser by a website you visit. You can set your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. However, refusing a cookie may in some cases preclude you from using, or negatively affect the display or function of, a website or certain areas or features of a website.

• Analytics: We may use a variety of online analytics products that use cookies to help us analyze how users use our Services and enhance your experience when you use the Services.

2. How we use personal information

We may use Personal Information for the following purposes:

• To provide, administer, maintain and/or analyze the Services;

• To improve our Services and conduct research;

• To communicate with you; including to send you information about our Services and events;

• To develop new programs and services;

• To prevent fraud, criminal activity, or misuses of our Services, and to protect the security of our IT systems, architecture, and networks;

• To carry out business transfers; and

• To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or other third parties.

Aggregated or De-Identified Information. We may aggregate or de-identify Personal Information so that it may no longer be used to identify you and use such information to analyze the effectiveness of our Services, to improve and add features to our Services, to conduct research and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with third parties, publish such aggregated information or make such aggregated information generally available. We may collect aggregated information through the Services, through cookies, and through other means described in this Privacy Policy. We will maintain and use de-identified information in anonymous or de-identified form and we will not attempt to reidentify the information, unless required by law.

As noted above, we may use Content you provide us to improve our Services, for example to train the models that power our software and Services.

3. Disclosure of personal information

In certain circumstances we may provide your Personal Information to third parties without further notice to you, unless required by the law:

• Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may provide Personal Information to vendors and service providers, including providers of hosting services, customer service vendors, cloud services, email communication software, web analytics services, and other information technology providers, among others. Pursuant to our instructions, these parties will access, process, or store Personal Information only in the course of performing their duties to us.

• Business Transfers: If we are involved in strategic transactions, reorganization, bankruptcy, receivership, or transition of service to another provider (collectively, a “Transaction”), your Personal Information and other information may be disclosed in the diligence process with counterparties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.

• Legal Requirements: We may share your Personal Information, including information about your interaction with our Services, with government authorities, industry peers, or other third parties (i) if required to do so by law or in the good faith belief that such action is necessary to comply with a legal obligation, (ii) to protect and defend our rights or property, (iii) if we determine, in our sole discretion, that there is a violation of our terms, policies, or the law; (iv) to detect or prevent fraud or other illegal activity; (v) to protect the safety, security, and integrity of our products, employees, or users, or the public, or (vi) to protect against legal liability.

• Affiliates: We may disclose Personal Information to our affiliates, meaning an entity that controls, is controlled by, or is under common control with us. Our affiliates may use the Personal Information we share in a manner consistent with this Privacy Policy.

• Organization Account Administrators: If your access to our Services is made available through a reseller or distributor arrangement with us, the administrators of that organization may access and control your account. In addition, if you create an account using an email address belonging to your employer or another organization, we may share the fact that you have an account and certain account information, such as your email address, with your employer or organization to, for example, enable you to be added to their account.

• Other Users and Third Parties You Share Information With: Certain features allow you to display or share information with other users or third parties. For example, you may share conversations with other users via shared links or send information to third-party applications via custom actions. Be sure you trust any user or third party with whom you share information.

4. Your rights

Depending on location, individuals may have certain statutory rights in relation to their Personal Information. For example, you may have the right to:

• Access your Personal Information and information relating to how it is processed.

• Delete your Personal Information from our records.

• Rectify or update your Personal Information.

• Transfer your Personal Information to a third party (right to data portability).

• Restrict how we process your Personal Information.

• Withdraw your consent—where we rely on consent as the legal basis for processing at any time.

• Object to how we process your Personal Information.

• Lodge a complaint with your local data protection authority.

5. Additional disclosures

The following table provides additional information about the categories of Personal Information we collect and how we disclose that information. You can read more about the Personal Information we collect in “Personal information we collect” above, how we use Personal Information in “How we use personal information” above, and how we retain Personal Information in “Security and Retention” below.

To the extent provided for by local law and subject to applicable exceptions, individuals may have the following privacy rights in relation to their Personal Information:

• The right to know information about our processing of your Personal Information, including the specific pieces of Personal Information that we have collected from you;

• The right to request deletion of your Personal Information;

• The right to correct your Personal Information; and

• The right to be free from discrimination relating to the exercise of any of your privacy rights.

We don’t “sell” Personal Information or “share” Personal Information for cross-contextual behavioral advertising (as those terms are defined under applicable local law). We also don’t process sensitive Personal Information for the purposes of inferring characteristics about a consumer.

Exercising Your Rights. To the extent applicable under local law, you can exercise privacy rights described in this section by submitting a request through to us by email.

Verification. In order to protect your Personal Information from unauthorized access, change, or deletion, we may require you to verify your credentials before you can submit a request to know, correct, or delete Personal Information. If you do not have an account with us, or if we suspect fraudulent or malicious activity, we may ask you to provide additional Personal Information and proof of residency for verification. If we cannot verify your identity, we will not be able to honor your request.

Authorized Agents. You may also submit a rights request through an authorized agent. If you do so, the agent must present signed written permission to act on your behalf and you may also be required to independently verify your identity and submit proof of your residency with us.

Appeals. Depending on where you live, you may have the right to appeal a decision we make relating to requests to exercise your rights under applicable local law.

6. Children

Our Service is not directed to children under the age of 13. We do not knowingly collect Personal Information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Information to us through the Service, please contact us. We will investigate any notification and if appropriate, delete the Personal Information from our systems. If you are 13 or older, but under 18, you must have permission from your parent or guardian to use our Services.

7. Links to other websites

The Service may contain links to other websites not operated or controlled by us, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

8. Security and Retention

We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or email. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites.

We’ll retain your Personal Information for only as long as we need in order to provide our Service to you, or for other legitimate business purposes such as resolving disputes, safety and security reasons, or complying with our legal obligations. How long we retain Personal Information will depend on a number of factors, such as the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, our purpose for processing the information, and any legal requirements.

9. International users

By using our Service, you understand and acknowledge that your Personal Information will be processed and stored in our facilities and servers in the United States and/or Canada and may be disclosed to our service providers and affiliates in other jurisdictions.

Legal Basis for Processing. Our legal bases for processing your Personal Information include:

• Performance of a contract with you when we provide and maintain our Services. When we process Account Information, Content, and Technical Information solely to provide our Services to you, this information is necessary to be able to provide our Services. If you do not provide this information, we may not be able to provide our Services to you.

• Our legitimate interests in protecting our Services from abuse, fraud, or security risks, or in developing, improving, or promoting our Services, including when we train our models. This may include the processing of Account Information, Content, Social Information, and Technical Information. Read our instructions on how you can opt out of our use of your information to train our models.

• Your consent when we ask for your consent to process your Personal Information for a specific purpose that we communicate to you. You have the right to withdraw your consent at any time.

• Compliance with our legal obligations when we use your Personal Information to comply with applicable law or when we protect our or our affiliates’, users’, or third parties’ rights, safety, and property.

Data Transfers. Where required, we will use appropriate safeguards for transferring Personal Information outside of certain countries. We will only transfer Personal Information pursuant to a legally valid transfer mechanism.

10. Changes to the privacy policy

We may update this Privacy Policy from time to time. When we do, we will post an updated version on this page, unless another type of notice is required by applicable law.

11. How to contact us

If you have any questions or concerns not already addressed in this Privacy Policy, or if you would like to exercise any rights with respect to your Personal Information, please contact us at: AI@gambitco.io.

11. How to delete your information

If you have any questions or would like to request deletion of your data, please contact us at: AI@gambitco.io.

Terms of Use

Updated March 4, 2024

EffectiveMarch 4, 2024

IconDirect.com™’sAI Personalities are designed for engagement and informational purposes only. No content produced or presented is a substitute for professional and/or other expert advice. You should always seek the assistance of licensed, credentialled or otherwise experienced professionals and experts before acting on any advice received through AI Personality or any other artificial intelligence or machine learning platform.

Thank you for using an AI Personality!

These Terms of Use apply to your use of any AI Personality powered by IconDirect.com™’s artificial intelligence personality software (the “Platform”) as well as any of IconDirect.com™’s other services, associated software applications and web sites (all together with the Platform, the “Platform Services”). These Terms form an agreement between you and IconDirect.com™ (also referred to herein as the “Provider”, “we” and “us”), and they include our Service Terms and important provisions for resolving disputes. By using our Services, you agree to these Terms.

Our Privacy Policyexplains how we deal with personal information. Although it does not form part of these Terms, it is an important document that you should read.

Acceptance of Terms

The Platform is an online information service offered and operated by the Provider and powered by OpenAI, which is a technology owned by Open AI LLC or its affiliates (“OpenAI”). The Platform Services are designed to be a resource for users, and a place for users to find information and gain value through life-like, conversational artificial intelligence interactions. Your use of the Platform Services and any other resources or materials is conditioned upon your continued acceptance of and compliance with our Terms of Use. Please take the time to familiarize yourself with these important Terms.

We may change these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Platform Services after any changes have been posted will constitute your agreement to the modified Terms of Use. Therefore, you should read these Terms of Use each time you access the Platform Services, before you begin using them.

Human Contributors to AI Personalities

Certain AI Personalities offered through the Platform Services are designed in affiliation with real, natural persons (each, a “Human Contributor”) upon whose data, characteristics, responses, or other personal attributes the AI Personality model may be based, in whole or in part, including without limitation to emulate the personalities, knowledge and/or experience of such Human Contributors. Human Contributors may be referred to on or by the Platform Services, and the Platform Services may invite you to contact a Human Contributor and provide a means of doing so.

Notwithstanding the foregoing, you hereby acknowledge and agreed that no Human Contributor shall bear any liability, responsibility, or legal accountability for any statements, communications, outputs, or actions generated by the AI Personality or otherwise by the Platform Services. This limitation of liability applies irrespective of the nature of the content produced, including but not limited to any form of advice, opinions, expressions, or other statements made by the AI Personality or otherwise by the Platform Services, regardless of the context in which they are made. You understand and agree that the AI Personality and the Platform Services operate independently of any Human Contributor’s direct input or control, and as such, no Human Contributor may or can be held liable for any consequences, legal or otherwise, arising from the use or interpretation of the AI Personality’s or any other Platform Services’ output.

Without limiting the generality of the foregoing, all limitations of liability and responsibility set forth herein with respect to the Provider shall additionally apply with respect to all of our Human Contributors.

No Provision of Professional Advice, Including Medical, Legal or Financial Advice

The Platform Services are designed for engagement and informational purposes only, as a resource for users appropriate to the particular AI Personality(ies). The Platform Services may present purported facts, views, opinions and recommendations deemed of interest to such community(ies) of users, but we are not responsible for such content. You acknowledge and agree that these purported facts, views, opinions and recommendations are not a substitute for professional or other expert advice, including for example a doctor or other healthcare professional’s medical advice, diagnosis and treatment in the healthcare and mental health areas, a lawyer or other legal professional’s advice and guidance in the legal realm, or a financial advisor or other expert’s assistance with respect to financial matters.

We do not, and the Platform Services do not, review any information or content contained on, or distributed through the Platform Services and therefore does not endorse the accuracy or reliability of any such information or content. The Platform Services do not and are not intended to create any professional or other advisory relationship and is not a substitute for professional or other expert advice.

You acknowledge that we and the Platform Services are not in a position to assist those contemplating suicide or self-injury. If you are having thoughts of either, please seek immediate, professional assistance. You may call 911 (or, if not available, the comparable emergency number in your jurisdiction), call Suicide Crisis Helpline at 988 (or, if not available, the comparable emergency number in your jurisdiction) or visit a hospital emergency room.

Proprietary Rights and Limitations on Use

The Platform Services contain proprietary material which may include text, graphics, images, photos, audio, video, data, sound and software ("Platform Content"). All Platform Content is the property of the Provider, its licensors, partners and/or others, and is protected by local, national and international copyright and other intellectual property laws and treaties. Except as provided below, you agree not to copy, reproduce, modify, display, perform, publish, create derivative works from, or store any Platform Content from your use of those Platform Services.

The Platform Services and the Platform Content may be used by you only for your personal and non-commercial use. In using the Platform Services, you must comply with all applicable laws as well as any usage policies we may adopt from time to time, and any other documentation, guidelines, or policies that we make available to you. You may not use the Platform Services for illegal, harmful or abusive activity.

Without limiting the generality of the foregoing paragraph, you acknowledge and agree that you may not use the Platform Services to do any of the following:

• use the Platform Services in a way that infringes, misappropriates or violates anyone’s rights;

• modify, copy, lease, sell or distribute any of our Platform Services;

• attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of the Platform Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law);

• automatically or programmatically extract data or Output (as defined below);

• represent that Output was human-generated when it was not;

• interfere with or disrupt the Platform Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations associated with the Platform Services; or

• use Output to develop models that compete with the Platform Services, the Provider, or any of our affiliates, partners or licensors (including OpenAI).

Input and Output; Content

You may provide input in connection with your use of the Platform Services (“Input”) and receive output from the Platform Services based in part on the Input (“Output”). Input and Output are collectively “Content”.

Any information sent or received over the Internet is generally not secure. We do not and cannot guarantee the security or confidentiality of all communication to, from or in connection with the Platform Services. For more information please refer to our Privacy Policy.

You are responsible for all of your Input, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input. We do not wish to receive personal or confidential information, and you should not provide any Input that you consider personal, confidential or otherwise sensitive.

You are free to make use of any Output you receive in connection with your use of the Platform Services in any way you wish, subject to these Terms, any usage policies and applicable law. You acknowledge and understand that the Output is created by artificial intelligence and we do not make any promise or guarantee that the Output will be complete, accurate or fit for any particular purpose. Due to the nature of the Platform Services, artificial intelligence and machine learning, responses to any given Input may not be consistent, and Output based on the same Input may vary.

Without limiting the generality of the foregoing paragraph, when you use the Platform Services you acknowledge and agree:

• Output may not always be accurate. You should not rely on Output from the Platform Services as a sole source of truth or factual information, or as a substitute for professional or other expert advice.

• You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Platform Services.

• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

• The Platform Services may provide incomplete, incorrect, or offensive Output that does not represent our views or those of our affiliates, partners or licensors (including OpenAI). If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated us or any of our affiliates, partners or licensors (including OpenAI).

We may use all Content (including your Input) to provide, maintain, develop, and improve the Platform Services and our other business and services, comply with applicable law, enforce our terms and policies, and keep our business and services safe. You hereby grant us an irrevocable, perpetual, worldwide, unlimited and royalty-free license to make use of all Content associated with your use of the Platform Services, including any copyright and moral rights you may have in any such Content.

Links to Third Party Sites

Through use of the Platform Services you may identify or be directed to applications and/or web sites operated by persons or entities to other than us, or to other third party resources.

Any direction from the Platform Services to these third party resources is solely for your convenience and does not imply or mean that we or the Platform endorses any content in that resource or the operators or the operations of that web site. We, and the Platform Services, do not review and specifically disclaims responsibility for materials posted or activities that occur on linked resources. You are solely responsible for determining the extent to which you use any content at any web sites or other resources to which you are directed, and you agree not to hold us responsible for the content or operation of such web sites or other resources.

If you wish to make purchases via a third-party application, web site or other resource you may be asked by the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold us liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or operator from which you are making the purchase. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. You are reminded that third party sites are separate from us and the Platform Services, subject to their own policies and terms, including privacy policies.

Registration and Access

Some Platform Services may be made available only to those who register. Registrants must be eighteen (18) years of age or older. You agree that any registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current.

If your access to the Platform Services requires a user ID and password, you will be solely responsible for maintaining the confidentiality of your user ID and password, and will be responsible for all activities that occur using your user ID and password, whether or not expressly authorized by you.

If you create an account or otherwise use any Platform Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. We will not be responsible for any damages resulting from the unauthorized use of the Platform Services, or of your user ID or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.

Feedback

We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

Termination and Suspension

You are free to stop using the Platform Services at any time. We reserve the right to suspend or terminate your access the Platform Services (or delete your account, if applicable) at any time if we determine: you breached these Terms or any usage policy we adopt from time to time; your use of the Platform Services could cause risk or harm the Platform, our users, or anyone else; or it is advisable for us to do so to comply with the law. If you believe we have suspended or terminated your access in error, please contact us at: AI@gambitco.io.

Discontinuance of Services

We reserve the right to discontinue the Platform Services at any time and without notice.

Use of OpenAI

The Platform Services are powered by OpenAI. Due to the nature of machine learning OpenAI may make improvements or other changes to its Platforms from time to time in its sole discretion, with or without notice to us. The Platform Services are bound by the terms of use set out by OpenAI, which may be subject to change.

Disclaimer of Warranties and Limitation of Liability

The Provider does not endorse, and specifically disclaims any responsibility or liability for any opinion, statement, information or material displayed or distributed through the Platform Services, whether a topic is first selected by the Platform Services or a user. You acknowledge that by using the Platform Services you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Platform Services and your reliance upon any such information or material is at your own risk.

DUE TO THE NUMBER OF SOURCES FROM WHICH THE CONTENT IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, ERRORS, OMISSIONS, OR INACCURACIES IN SUCH CONTENT. THE PLATFORM SERVICES AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. USE OF OR RELIANCE ON THE CONTENT ASSOCIATED WITH THE PLATFORM SERVICES IS AT THE USER'S OWN RISK. THE PROVIDER AND ITS AFFILIATES, PARTNERS, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE PLATFORM SERVICES, OR OF THE PLATFORM SERVICES THEMSELVES, AND THE PROVIDER HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.

Governing Law and Dispute Resolution

Governing Law. These Terms are governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict of laws principles.

Informal Dispute Resolution. We would like to understand and try to address any concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve any dispute informally. You agree to do so by sending us notice at this address: AI@gambitco.io. We will do so by sending you notice to the email address associated with your account (or that you provide to us through theContact Form). If we are unable to resolve a dispute within 60 days, either of us has the right to seek recourse through formal means. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Mandatory Arbitration. You and we both agree that to resolve any claims arising out of or relating to these Terms or the Platform Services, regardless of when the claim arose, even if it was before these Terms existed (a “Dispute”), through final and binding arbitration. If we are unable to resolve the Dispute through the informal process referred to above, either of us may commence arbitration with the Canadian Arbitration Association (“CAA”) under its Expedited Arbitration Rules. You and we both agree that the CAA Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Arbitration Procedures. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). To the extent possible and permitted by such Act, the arbitration will be conducted by videoconference; if a hearing must be conducted in person, the location will be Kitchener, Ontario, Canada. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or a lawyer licensed to practice law in the Province of Ontario. The arbitrator will have exclusive authority to resolve any Dispute, except the courts of the Province of Ontario will have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Platform Services or intellectual property infringement or misappropriation.

Class and Jury Trial Waivers. You and we agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and we knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.