Terms of Use

1. Agreement to These Terms

1.1 Acceptance. You accept these Terms, and enter into a binding agreement with us, upon the earliest to occur of: (a) your downloading, installing, accessing or using any part of the Services; (b) your creation of an account; (c) your completion of a purchase; or (d) your indication of assent by any other means we make available, including by selecting a button or control presented together with a reference or link to these Terms. You acknowledge that a hyperlink to these Terms presented in proximity to a button or control constitutes reasonable notice of these Terms, and that your selection of that button or control constitutes your affirmative assent to them.

1.2 Capacity and Authority. You represent and warrant that you have the legal capacity, right and authority to enter into these Terms and to perform your obligations under them, and that your entry into and performance of these Terms does not and will not violate any agreement or obligation by which you are bound.

1.3 Personal Use. The Services are offered to you solely for your own personal, non-commercial use. You may not use the Services on behalf of any third party, or for the benefit of any business, without our prior written consent.

1.4 Supplemental Terms. Certain features, offers or promotions may be subject to additional terms, conditions, rules or policies presented to you in connection with them (“Supplemental Terms”). Supplemental Terms are incorporated into these Terms. To the extent of any conflict, the Supplemental Terms shall govern solely with respect to the feature, offer or promotion to which they apply.

2. Definitions and Interpretation

2.1 In these Terms: “Administrator” means any settlement administrator, claims administrator, court, class counsel, defendant, paying party or other third party responsible for administering, approving or paying a Settlement; “App Store” means the Apple App Store, Google Play or any other third-party platform through which our mobile applications are distributed; “App Store Subscription” means a Subscription purchased through an App Store; “Content” means all information, data, text, software, graphics, estimates, summaries, compilations and other materials made available through the Services; “Settlement” means any class action, mass action, regulatory or other settlement, judgment, refund program, recall or similar matter, whether pending, proposed, approved or concluded, information about which is made available through the Services; “Subscription” means a paid, automatically renewing right of access to the Services for a recurring billing period; and “Website Subscription” means a Subscription purchased on our website.

2.2 In these Terms, unless the context otherwise requires: (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; (c) words in the singular include the plural and vice versa; (d) headings are for convenience of reference only and shall not affect interpretation; (e) a reference to any law includes that law as amended, re-enacted or replaced from time to time; and (f) no provision shall be construed against a party by reason of that party having drafted it.

3. Eligibility and Territory

3.1 Age. The Services are intended solely for individuals who are at least eighteen (18) years of age, or the age of majority in their jurisdiction of residence if higher. Claims in respect of Settlements are legal declarations, frequently made under penalty of perjury. By accessing or using the Services, you represent and warrant that you satisfy this requirement. We do not knowingly permit any person under that age to create an account or use any part of the Services.

3.2 Legal Eligibility. You represent and warrant that: (a) you are not prohibited from receiving or using the Services under the laws of any applicable jurisdiction; (b) you are not located in, or ordinarily resident in, any country or territory that is subject to comprehensive economic sanctions or a trade embargo; and (c) you are not identified on any governmental list of prohibited, sanctioned or restricted parties.

3.3 Territory. The Services relate primarily to Settlements administered in the United States of America, and also make available information regarding certain Settlements administered in Canada and Australia. The Services are directed solely to individuals resident in those countries (the “Territory”). We make no representation that the Services are appropriate, lawful or available for use in any other location. Access to or use of the Services from outside the Territory is not supported and is undertaken at your own initiative and risk. We reserve the right, in our sole discretion and without liability, to refuse, cancel, reverse or refund any account, order or Subscription that we determine to have originated from outside the Territory.

4. The Services

4.1 Nature of the Services. The Services are an informational and organizational tool. They make available information, compiled from publicly available sources, regarding Settlements for which you may be eligible; they may present that information in an order or selection influenced by information you provide and by your activity within the Services; and they may direct you to the website or other channel through which the relevant Administrator accepts claims. The Services do nothing more.

4.2 No Filing; No Agency. We do not prepare, complete, submit, file, transmit or forward any claim on your behalf. We do not act as your agent, representative, attorney-in-fact, fiduciary or advisor for any purpose. Every claim you elect to make is made by you, directly to the relevant Administrator, on that Administrator’s own website or other channel and under that Administrator’s own terms.

4.3 Not a Law Firm. We are not a law firm, a lawyer referral service or a claims administrator. We do not provide legal, financial, tax or other professional advice, opinion or representation, and no such relationship is created by your use of the Services. The provisions of our Class Action Terms apply to, and further limit, the settlement-discovery features of the Services.

4.4 Availability and Modification. We reserve the right, at any time and from time to time, in our sole discretion and with or without notice, to modify, suspend, restrict, withdraw or discontinue the Services or any part, feature, Content or level of availability of them, on a temporary or permanent basis, and to impose limits on any feature or on your use of the Services. We shall have no liability to you or to any third party by reason of any of the foregoing.

4.5 Beta Features. We may from time to time make available features identified as beta, preview, experimental or similar. Any such feature is provided solely for evaluation, may be modified or withdrawn at any time, and is provided without any warranty, support or liability of any kind.

5. Accounts and Security

5.1 Registration. Access to the Services requires an account. You may register using an email address, or using a third-party authentication service that we support, such as Sign in with Apple or Google. You agree to provide information that is true, accurate, current and complete, and to maintain and promptly update that information.

5.2 One Account; No Transfer. You may not maintain more than one account, create an account on behalf of another person, use another person’s account, impersonate any person or entity, or sell, transfer, license or assign your account or any rights in it.

5.3 Credentials. You are solely responsible for maintaining the confidentiality and security of your credentials, of the email account and devices through which you access the Services, and of any one-time code or sign-in link we send to you. You are responsible for all activity that occurs under your account, whether or not authorized by you, and we may treat any such activity as having been undertaken by you. You agree to notify us immediately at collect@ferrixlabs.com of any actual or suspected unauthorized access to or use of your account. We shall not be liable for any loss or damage arising from your failure to comply with this section.

5.4 Security Measures. We may, but are not obliged to, take any measure we consider appropriate to protect the security and integrity of the Services and of accounts, including recording the devices and network addresses from which an account is accessed, notifying you of access from a device not previously associated with your account, requiring re-authentication before certain actions, and suspending access pending verification.

5.5 Deletion of Your Account. You may delete your account at any time through the settings of the Services. Deletion of an account does not, of itself, entitle you to any refund. A Website Subscription associated with a deleted account shall continue until the end of the then-current billing period and shall not renew. An App Store Subscription is not affected by the deletion of your account and must be cancelled separately through the relevant App Store.

6. Subscriptions, Fees and Billing

6.1 Subscription Required. Access to the Services requires an active, paid Subscription. There is no free tier, and Content is not made available without a Subscription. The fees, billing period and other commercial terms of each Subscription we offer are presented to you before you complete your purchase, and form part of these Terms.

6.2 Automatic renewal. Every Subscription renews automatically at the end of each billing period, for a further period of the same duration, at the fee then in effect for that Subscription, and continues to renew until it is cancelled. By purchasing a Subscription, you authorize us, and the App Store or payment processor through which you purchased it, to charge the payment method you have provided, without further authorization from you, for each renewal, together with all applicable taxes, until the Subscription is cancelled in accordance with these Terms.

6.3 Channels of Access. A Subscription entitles you to access the Services through the channel through which it was purchased. An App Store Subscription entitles you to access the Services through the mobile application distributed through the App Store from which it was purchased. A Website Subscription entitles you to access the Services through our website. We may, in our sole discretion, also permit the holder of a Subscription to access the Services through our website and through any of our mobile applications, by signing in to the account to which that Subscription is attached. A Website Subscription is attached to the account with which it is associated at or following its purchase. An App Store Subscription is attached to an account when that account is signed in to one of our mobile applications on a device on which that App Store Subscription is active, or by such other means as we may make available, whereupon we obtain from the App Store, or from the service providers we engage for that purpose, and record against that account, the customer identifier associated with that App Store Subscription and the status of that App Store Subscription, as described in our Privacy Policy. An App Store Subscription may be attached to only one account at a time. Where it is attached to a further account, it ceases to be attached to, and to make access available through, any account to which it was previously attached. Any such additional access is made available as a convenience and without additional charge. It forms no part of the consideration for the Subscription, depends upon the status of the Subscription as most recently reported to or determined by us, may not be available on every platform, device or version of our website or mobile applications, and may be modified, suspended or withdrawn at any time, without notice and without liability to you, and no refund, credit or reduction of fees shall be payable by reason of its modification, suspension, withdrawal or unavailability. The purchase of Subscriptions through more than one channel results in separate Subscriptions, each of which is separately billed and must be separately cancelled through the channel through which it was purchased, and we are under no obligation to refund, credit or consolidate any Subscription by reason of your holding more than one.

6.4 Taxes. Fees are stated exclusive of taxes unless expressly stated otherwise. You are responsible for all sales, use, goods and services, harmonized, value added and similar taxes, duties and governmental charges imposed in respect of your purchase, which may be calculated by reference to the billing location you provide and collected together with the fees.

6.5 Changes to Fees. We may change the fees for any Subscription at any time. A change in fees shall apply to you no earlier than the billing period following notice of the change, given by email, through the Services or, in the case of an App Store Subscription, by the relevant App Store in accordance with its own procedures. If you do not agree to a change in fees, your sole remedy is to cancel the Subscription before the change takes effect. Your continued Subscription following the effective date of a change constitutes your acceptance of it.

6.6 Promotions and Trials. We may, in our sole discretion, offer promotional fees, discounted renewal fees or trial periods to some or all users, on such terms and for such period as we determine. No such offer obliges us to make the same or any other offer to you or to any other person. Unless the offer expressly states otherwise, a Subscription commenced under a promotional or trial offer shall renew at the fee then in effect for that Subscription. Any unused portion of a trial period is forfeited upon purchase of a Subscription.

6.7 Nature of the Fees. The fees you pay are consideration solely for access to the Services during the applicable billing period. They are not a payment for, a deposit against, or a share of, the proceeds of any Settlement, and they are earned in full upon the commencement of each billing period, irrespective of the extent to which you use the Services during that period, whether you make any claim, and the outcome of any claim you make.

7. Subscriptions Purchased Through an App Store

7.1 Billing. Payment for an App Store Subscription is processed by the operator of the relevant App Store through the account you hold with that operator, in accordance with that operator’s own terms and policies. We do not receive or store the details of the payment method you use. The status of your App Store Subscription is communicated to us by the App Store and by the service providers we engage for that purpose.

7.2 Renewal. An App Store Subscription renews automatically unless it is cancelled at least twenty-four (24) hours before the end of the then-current billing period. The renewal fee is charged to your App Store account within the twenty-four (24) hours preceding the commencement of the renewal period.

7.3 Cancellation. You may cancel an App Store Subscription only through the account settings of the relevant App Store (on iOS, Settings > your name > Subscriptions; on Android, Google Play > Payments & subscriptions > Subscriptions). Cancellation takes effect at the end of the then-current billing period, and you retain access until that time. Deleting a mobile application from your device, or deleting your account, does not cancel an App Store Subscription.

7.4 Refunds. Because App Store Subscriptions are billed by the operator of the relevant App Store, any request for a refund must be made to, and will be determined solely by, that operator under its own policies. Except where required by applicable law, we are unable to issue refunds in respect of App Store Subscriptions. Where you request a refund from an App Store, the operator may request from us, and we may provide to it, information regarding your purchase and your use of the Services, as described in our Privacy Policy.

8. Subscriptions Purchased on the Website

8.1 Payment Processing. Payment for a Website Subscription is processed on our behalf by Stripe, Inc. and its affiliates (“Stripe”). The details of your card, digital wallet or other payment method are provided by you directly to Stripe and are handled in accordance with Stripe’s own terms and privacy policy. We do not receive or store your full card number or security code. We receive limited information regarding your payment method and your payments, as described in our Privacy Policy. Fees are stated and charged in United States dollars unless expressly stated otherwise, and any currency conversion, foreign transaction or similar charge imposed by the issuer of your payment method is your sole responsibility.

8.2 Authorization. By providing a payment method, you represent and warrant that you are authorized to use it, and you authorize us and Stripe to charge it for the fees for the initial billing period, for the fees for each renewal period on or about the renewal date, and for all applicable taxes. You authorize us and Stripe to obtain updated details of your payment method from its issuer or the applicable card network, and to charge the payment method as so updated.

8.3 Renewal. A Website Subscription renews automatically at the end of each billing period until it is cancelled. Where required by applicable law, we will send a notice to the email address associated with your account in advance of the renewal of a Website Subscription having a billing period of one (1) year or longer.

8.4 Cancellation. You may cancel a Website Subscription at any time through your account on our website (Settings, then Manage Subscription). Cancellation takes effect at the end of the then-current billing period. You retain access to the Services until that time, and no further renewal fee will be charged. You may reinstate a cancelled Website Subscription at any time before the end of that period. We may require you to verify your identity before a cancellation is given effect.

8.5 Failed Payments. If any fee cannot be collected when due, we may, in our sole discretion and without notice, re-attempt collection on one or more occasions, suspend your access to the Services until all amounts due have been collected, or terminate the Website Subscription.

8.6 Orders. We reserve the right, in our sole discretion and without liability, to refuse or cancel any order, including where we suspect fraud, error, abuse or a breach of these Terms, or where an order originates from outside the Territory. Where we cancel an order for which payment has been collected, we will refund the amount collected in respect of that order.

9. Refunds, Chargebacks and Payment Disputes

9.1 All fees are non-refundable. Except as expressly provided in section 10 (Limited Money-Back Guarantee), or as we are required to provide under applicable law that cannot lawfully be excluded, all fees paid in respect of a Website Subscription are final and non-refundable, and we do not provide refunds, credits or pro-rated amounts for any partially used billing period, for any period during which you did not use the Services, or upon the cancellation or termination of a Subscription or the deletion of an account.

9.2 Contact Us First. If you believe that a charge has been made in error, you agree to notify us at collect@ferrixlabs.com within thirty (30) days after the date of the charge, and to afford us a reasonable opportunity to investigate and resolve the matter, before you initiate any dispute, reversal, chargeback or similar proceeding with the issuer of your payment method or any other third party (a “Chargeback”).

9.3 Chargebacks. You agree that you will not initiate a Chargeback in respect of any charge that was authorized by you or made in accordance with these Terms. If a Chargeback is initiated in respect of any charge, you acknowledge and agree that we may, in our sole discretion and without notice to you: (a) contest the Chargeback; (b) provide to our payment processors, to the applicable card network and to the issuer of your payment method any information, records or evidence that we consider relevant, including information regarding the purchase, the account, the devices and network addresses from which the purchase was made and the Services were accessed, your communications with us, and your access to and use of the Services; (c) immediately suspend or terminate the affected Subscription and your access to the Services; and (d) recover from you, to the fullest extent permitted by applicable law, the amount of the Chargeback together with any fees, penalties and costs incurred by us in connection with it.

9.4 No Waiver. The acceptance, reversal or refund of any charge, in any instance, shall not constitute a waiver of this section or oblige us to accept, reverse or refund any other charge.

10. Limited Money-Back Guarantee (Website Subscriptions)

10.1 The Guarantee. Subject to, and strictly in accordance with, each of the terms, conditions and limitations of this section 10, where the aggregate amount of the payments actually received by an eligible subscriber, during the Qualifying Period, in respect of claims for Settlements discovered through the Services is less than the aggregate fees paid by that subscriber to us for a Website Subscription during the Qualifying Period, we will, upon a valid request, refund those fees (the “Guarantee”). The “Qualifying Period” is the period of twelve (12) consecutive months commencing on the date of the first successful payment for the Website Subscription.

10.2 Conditions of Eligibility. The Guarantee is available only where each of the following conditions is satisfied, as determined by us acting reasonably: (a) the Subscription is a Website Subscription, it being acknowledged that the Guarantee does not apply to any App Store Subscription; (b) the subscriber has held a paid Website Subscription, under any plan and at any fee, continuously and in good standing throughout the entire Qualifying Period, and a Website Subscription that ended or lapsed, or that was suspended or terminated, before the end of the Qualifying Period does not qualify; (c) the subscriber has, during the Qualifying Period, recorded at least one Settlement as claimed within the subscriber’s account; (d) the request is made in writing, by email to collect@ferrixlabs.com sent from the email address associated with the account, no earlier than the last day of the Qualifying Period and no later than sixty (60) days after that day, and states the aggregate amount received by the subscriber in respect of claims for Settlements discovered through the Services; (e) the subscriber provides such confirmation or evidence in support of the request as we may reasonably require; and (f) no Chargeback has been initiated in respect of any fee paid for the Website Subscription.

10.3 Amount and Method. The amount refunded under the Guarantee is limited to the fees actually paid to us for the Website Subscription during the Qualifying Period, and shall be paid to the original method of payment. Any Website Subscription then in effect shall terminate upon the issue of the refund.

10.4 Limitations. The Guarantee is personal to the subscriber, may be exercised once only in respect of any individual or household, and may not be assigned or transferred. The Guarantee is void where a request is, in our reasonable determination, fraudulent, abusive, made in bad faith, or supported by information that is false, incomplete or misleading, and in any such case we may suspend or terminate the account concerned. We reserve the right to modify or discontinue the Guarantee at any time in respect of Website Subscriptions purchased after the effective date of the modification or discontinuance.

10.5 No Other Promise. The Guarantee is solely an undertaking to refund fees in the circumstances described in this section 10. It is not a representation, warranty, promise or guarantee that you are or will be eligible for any Settlement, that any claim will be approved, that you will receive any payment, or as to the amount or timing of any payment, each of which is determined solely by the relevant Administrator. Nothing in this section 10 limits any right or remedy that cannot lawfully be excluded under applicable consumer protection law.

11. Estimates, Illustrations and Testimonials

11.1 Estimates Are Illustrative. The Services, and our marketing and onboarding materials, may present figures described as estimates, potential amounts, amounts “up to” a stated sum, amounts a person may be owed or may have missed, or similar. Every such figure is a generalized illustration derived from publicly available information regarding Settlements and from information you provide, is presented solely for informational purposes, and is not a calculation of any amount to which you are or may be entitled. No such figure constitutes a representation, warranty, promise, offer or guarantee of any kind.

11.2 Testimonials and Reviews. Testimonials, reviews, ratings and statements of other users reflect the individual experience and opinion of the persons who made them. They are not representative of the experience of any other person, they are not a representation, warranty or prediction of the results you will obtain, and results vary materially from person to person. Statistics regarding the Services, our users or Settlements are approximate, are stated as at a particular time, and may be derived from third-party sources that we have not independently verified.

11.3 No Reliance. You acknowledge that you have not relied upon any estimate, illustration, testimonial, review, statistic or statement described in this section in deciding to use the Services or to purchase a Subscription.

12. Communications and Electronic Records

12.1 Consent to Electronic Communications. You consent to receive from us, by electronic means, all agreements, notices, disclosures, receipts, statements and other communications relating to the Services (collectively, “Communications”), including by email to the address associated with your account, by notification through the Services or on your device, and by posting on our website. You agree that all Communications provided to you electronically satisfy any legal requirement that a communication be in writing, and that an electronic record of these Terms and of your assent to them has the same force and effect as a signed original.

12.2 Service Communications. Communications that relate to your account, your Subscription, the security of your account, and the notifications that form part of the Services (including notices regarding Settlements that may be relevant to you, matters you have chosen to follow, and approaching deadlines) are part of the Services. You may manage certain categories of notification through the settings of the Services, and you may withdraw your consent to receive a category of notification by the means provided in it. You may not opt out of Communications that we are required by law to send or that are necessary for the administration of your account.

12.3 Your Contact Details. You are responsible for ensuring that the email address associated with your account is current and capable of receiving Communications. A Communication is deemed to have been received by you when sent by us to that address or made available through the Services, whether or not you in fact receive or read it.

13. Acceptable Use

13.1 You shall use the Services solely for lawful purposes and in accordance with these Terms. You shall not, and shall not permit or assist any other person to:

• use the Services in violation of any applicable law, regulation, court order or third-party right;
• submit to us or, through or in connection with the Services, to any Administrator, any information that is false, inaccurate, misleading or fraudulent, or make any claim to which you are not genuinely entitled;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, algorithms, data models or underlying structure of any part of the Services, except to the limited extent that this restriction is prohibited by applicable law;
• copy, reproduce, modify, adapt, translate, distribute, publish, frame, mirror or create derivative works of any part of the Services or the Content;
• access, search, monitor, extract or collect any part of the Services or the Content by any automated means, including any robot, spider, scraper, crawler or script, or use any part of the Services or the Content to develop, train or improve any database, product, service or machine learning or artificial intelligence model;
• interfere with, disrupt, overburden, probe, scan or test the vulnerability of the Services or of any system or network connected to them, or circumvent or attempt to circumvent any usage limit, access control, rate limit, integrity check or other security or technical measure;
• introduce any virus, malware or other harmful code;
• remove, alter or obscure any proprietary notice;
• sublicense, sell, resell, rent, lease, transfer or otherwise commercially exploit the Services, the Content or your account; or
• use the Services for the purpose of bringing any claim against us, or of developing any product or service that competes with the Services.

13.2 Monitoring and Enforcement. We may, but are not obliged to, monitor the use of the Services, investigate any suspected breach of these Terms, and take any action we consider appropriate in respect of it, including the suspension or termination of your access without notice or refund, the removal of any material, and the reporting of any activity, together with relevant information, to law enforcement, to any Administrator and to any other appropriate third party. You agree to cooperate with any such investigation.

14. Intellectual Property, Licence and Feedback

14.1 Ownership. The Services and the Content, including all software, code, designs, interfaces, text, graphics, logos, icons, images, data compilations, estimates and summaries, and the selection, coordination, arrangement and presentation of them, and all intellectual property rights in any of the foregoing, are and shall remain the exclusive property of Ferrix or its licensors, and are protected by copyright, trademark, database and other laws. Information regarding Settlements is compiled from publicly available sources. We claim no ownership of the underlying public records, but our compilation, organization, summarization and presentation of that information are proprietary to us.

14.2 Limited Licence. Subject to your continuing compliance with these Terms and to the payment of all applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services, and to download, install and use our mobile applications on a device that you own or control, in each case solely for your own personal, non-commercial use and, where applicable, as permitted by the usage rules of the relevant App Store. All rights not expressly granted to you are reserved by us and our licensors. No licence or right is granted by implication, estoppel or otherwise.

14.3 Trademarks. “Collect,” the Collect logo and all related names, logos, product and service names, designs and slogans are trademarks of Ferrix. You may not use any of them without our prior written permission. All other names, logos and marks appearing in the Services are the property of their respective owners, are used solely to identify the matters to which a Settlement relates, and do not indicate any affiliation with, or sponsorship or endorsement by, their owners.

14.4 Your Information. As between you and us, you retain ownership of the information you provide to us. You grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable licence to host, store, reproduce, process, adapt and otherwise use that information for the purposes of providing, securing, maintaining, analyzing and improving the Services, of enforcing these Terms, and as otherwise described in our Privacy Policy.

14.5 Feedback. If you provide us with any suggestion, idea, comment or other feedback regarding the Services, you hereby assign to us all right, title and interest in it, and agree that we may use and exploit it for any purpose, without restriction and without acknowledgement or compensation to you.

15. Third-Party Services, Links and Administrators

15.1 The Services contain links to, and may operate in conjunction with, websites, services, platforms and materials that are owned or operated by third parties, including Administrators, App Stores, payment processors and authentication providers. We do not own, control, endorse or assume any responsibility for any of them, or for their content, accuracy, availability, security, terms or privacy practices. Your dealings with any third party, including any claim you submit to and any information you provide to an Administrator, are solely between you and that third party, and are undertaken at your own risk.

15.2 We are not affiliated with, and are not authorized, sponsored or endorsed by, any court, Administrator, class counsel, defendant or governmental body. The inclusion of a Settlement in the Services is not a statement regarding its validity or regarding your eligibility for it.

16. Apple App Store Terms

16.1 The following terms apply to your use of our application for iOS, which is distributed through the Apple App Store:

• Relationship. These Terms are an agreement between you and Ferrix only, and not with Apple Inc. (“Apple”). We, and not Apple, are solely responsible for the application and its content.
• Licence. Your licence to use the application is additionally subject to Apple’s Licensed Application End User License Agreement (the “Standard EULA”), which applies to applications distributed through the App Store unless a custom licence agreement is provided.
• Maintenance and Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application. Support enquiries should be directed to us at the address set out in these Terms.
• Warranty. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the application (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are governed by these Terms.
• Product Claims. Apple is not responsible for addressing any claims by you or any third party relating to the application or your possession or use of it, including product liability claims, any claim that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation.
• Intellectual Property Claims. In the event of any third-party claim that the application, or your possession and use of it, infringes that third party’s intellectual property rights, we, and not Apple, shall be solely responsible for the investigation, defence, settlement and discharge of that claim, to the extent required by these Terms.
• Legal Compliance. You represent and warrant that you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country, and that you are not listed on any United States Government list of prohibited or restricted parties.
• Third-Party Beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to your licence of the application, and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of them.

17. Google Play Terms

17.1 The following terms apply to your use of our application for Android, which is distributed through Google Play:

• Relationship. These Terms are an agreement between you and Ferrix only. Google LLC (“Google”) is not a party to these Terms and is not responsible for the application or its content. We, and not Google, are solely responsible for the Services.
• Google Play Terms. Your acquisition and use of the application are additionally subject to the Google Play Terms of Service and to Google’s other applicable terms and policies.
• Billing and Refunds. Subscriptions purchased in the application are processed by Google through Google Play, and refunds are requested from and determined by Google under the policies of Google Play.
• Maintenance and Support. Google has no obligation to provide any maintenance or support for the application. Support enquiries should be directed to us at the address set out in these Terms.

18. Disclaimer of Warranties

18.1 The Services and the Content are provided on an “as is,” “as available” and “with all faults” basis, without any representation, warranty, guarantee or condition of any kind, whether express, implied, statutory or otherwise. To the fullest extent permitted by applicable law, we, on our own behalf and on behalf of our affiliates, licensors and service providers, expressly disclaim all representations, warranties, guarantees and conditions, including any implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement, and any warranty arising from a course of dealing, course of performance or usage of trade.

18.2 Without limiting the foregoing, we do not represent or warrant that: (a) the Services will be uninterrupted, timely, secure, error-free or free of viruses or other harmful components; (b) the Content, including any information regarding any Settlement, any deadline, any eligibility criterion or any estimate, is accurate, complete, reliable, current or free of error or omission; (c) the Services include every Settlement for which you may be eligible; (d) you are or will be eligible for any Settlement; (e) any claim will be accepted, approved or paid, in any amount or at any time; (f) any defect will be corrected; or (g) the Services will meet your requirements or expectations or be compatible with any device, operating system or software.

18.3 Any Content or information obtained through the Services is accessed and used at your sole risk. No advice or information, whether oral or written, obtained from us or through the Services shall create any representation, warranty, guarantee or condition not expressly stated in these Terms.

18.4 The further disclaimers set out in our Class Action Terms apply in addition to this section. Certain jurisdictions do not permit the exclusion of certain warranties, guarantees or conditions, and to that extent only, certain of the exclusions in this section may not apply to you.

19. Limitation of Liability

19.1 To the fullest extent permitted by applicable law, in no event shall Ferrix, its affiliates, or its or their respective directors, officers, employees, shareholders, agents, contractors, licensors, service providers, successors or assigns (together, the “Ferrix Parties”) be liable to you or to any person claiming through you for any indirect, incidental, special, consequential, exemplary, aggravated or punitive damages, or for any loss of profits, revenue, savings, opportunity, goodwill, data or use, or for any loss of, or failure to obtain, any Settlement payment, benefit or entitlement, including by reason of any missed deadline, any inaccurate, incomplete or unavailable information, any rejected, reduced, delayed or unpaid claim, or any reliance upon any estimate, in each case arising out of or in connection with these Terms, the Services or the Content, or your access to, use of or inability to access or use any of them, however caused and whether arising in contract, tort (including negligence), strict liability, breach of statutory duty or under any other theory of liability, and whether or not any Ferrix Party has been advised of the possibility of such loss or damage.

19.2 To the fullest extent permitted by applicable law, the total aggregate liability of the Ferrix Parties for all claims arising out of or in connection with these Terms, the Services or the Content shall not exceed the greater of: (a) the total amount of the fees actually paid by you in respect of the Services during the twelve (12) months immediately preceding the event first giving rise to the liability; and (b) fifty United States dollars (US$50.00). The existence of more than one claim shall not enlarge this limit.

19.3 You acknowledge and agree that the fees for the Services have been set in reliance upon the disclaimers, exclusions and limitations set out in these Terms, that they reflect an allocation of risk between you and us, and that they form an essential basis of the bargain between you and us, in the absence of which the Services would not be provided. The limitations in this section shall apply notwithstanding the failure of the essential purpose of any limited remedy.

19.4 Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under applicable law. Where any such liability may lawfully be limited but not excluded, it is limited to the fullest extent so permitted.

20. Indemnification

20.1 You shall defend, indemnify and hold harmless the Ferrix Parties from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, settlements, fines, penalties, losses, costs and expenses (including reasonable legal fees and disbursements) arising out of or in connection with: (a) your access to or use of the Services or the Content; (b) your breach or alleged breach of these Terms, of the Class Action Terms or of any representation or warranty made by you; (c) your violation of any applicable law or of any right of any third party; (d) any claim, statement, certification, declaration or information made or submitted by you to any Administrator or other third party; (e) any Chargeback initiated in breach of these Terms; and (f) any negligent, fraudulent or wilful act or omission on your part.

20.2 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with us in asserting any available defence, and you shall not settle any such matter without our prior written consent. Your obligations under this section survive the termination of these Terms and of your use of the Services.

21. Release

21.1 To the fullest extent permitted by applicable law, you hereby release and forever discharge the Ferrix Parties from any and all claims, demands, causes of action, damages, losses, costs and expenses, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with: (a) any act, omission, decision, determination or default of any Administrator or other third party, including in respect of your eligibility for, or the acceptance, approval, amount, timing or payment of, any claim; (b) any dispute between you and any third party; and (c) your dealings with any third-party website, service or platform.

21.2 If you are a resident of the State of California, you expressly waive the benefit of section 1542 of the California Civil Code, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You likewise waive the benefit of any statute or principle of law of similar effect in any other jurisdiction.

22. Dispute Resolution; Class Action and Jury Trial Waiver

22.1 Mandatory Informal Resolution. Before commencing any proceeding against us, you shall send to us, by email to collect@ferrixlabs.com, a written notice that sets out your full name, the email address associated with your account, a detailed description of the nature and basis of the dispute, and the specific relief sought. You and we shall then attempt in good faith to resolve the dispute informally for a period of sixty (60) days following our receipt of that notice. Compliance with this section is a condition precedent to the commencement of any proceeding, and any applicable limitation period shall be tolled during that sixty (60) day period.

22.2 Exclusive Forum. Subject to section 22.1, any dispute, claim or controversy arising out of or relating to these Terms, the Services or the Content, or the relationship between you and us, whether arising in contract, tort, under statute or otherwise (a “Dispute”), shall be brought exclusively in the courts of the Province of Nova Scotia, Canada, sitting in that Province. You and we each irrevocably submit and attorn to the exclusive jurisdiction of those courts and waive any objection to the laying of venue in them, including any objection on the ground of inconvenient forum. Notwithstanding the foregoing: (a) you may bring an individual claim in a small claims court of competent jurisdiction in the place in which you reside, to the extent permitted by the rules of that court; and (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or its confidential information.

22.3 Class action waiver. To the fullest extent permitted by applicable law, you and we agree that each may bring a Dispute against the other only in an individual capacity, and not as a plaintiff, claimant or class member in any purported class, collective, consolidated, mass, private attorney general or representative proceeding. No court or other decision-maker may consolidate the claims of more than one person, or otherwise preside over any form of class, collective or representative proceeding, and no relief may be awarded to or on behalf of any person other than the individual party bringing the Dispute.

22.4 Jury trial waiver. To the fullest extent permitted by applicable law, you and we each knowingly, voluntarily and irrevocably waive any right to a trial by jury in any proceeding arising out of or relating to any Dispute.

22.5 Mandatory Rights Preserved. Nothing in this section limits or deprives you of any right, remedy or choice of forum conferred on you by the consumer protection law of your jurisdiction of residence, to the extent that the right, remedy or choice of forum cannot lawfully be waived or varied by agreement.

23. Governing Law

23.1 These Terms, and any Dispute, shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable in that Province, without giving effect to any choice or conflict of laws rule or principle that would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Nothing in this section deprives you of the protection of any mandatory provision of the consumer protection law of your jurisdiction of residence.

24. Time Limit for Claims

24.1 To the fullest extent permitted by applicable law, and notwithstanding any statute or rule of law to the contrary, any Dispute must be commenced within one (1) year after the date on which the cause of action first arose, failing which it shall be permanently barred.

25. Suspension and Termination

25.1 By You. You may cease to use the Services at any time. Ceasing to use the Services, deleting a mobile application or deleting your account does not of itself cancel a Subscription, which must be cancelled in accordance with section 7 or section 8, as applicable.

25.2 By Us. We may, in our sole discretion, with or without cause and with or without notice, suspend, restrict or terminate your account, your Subscription or your access to all or any part of the Services at any time, including where we suspect or determine that you have breached these Terms, provided false information, engaged in fraudulent, abusive or unlawful conduct, or initiated a Chargeback. We shall have no liability to you by reason of any such suspension, restriction or termination, and, except as required by applicable law, you shall not be entitled to any refund.

25.3 Effect of Termination. Upon termination for any reason, all rights and licences granted to you under these Terms shall immediately cease. Termination shall not relieve you of any obligation to pay any fee accrued or payable before the effective date of termination.

25.4 Retention of Records. We may retain records of purchases, of accounts and of access to and use of the Services for as long as we consider necessary to resolve disputes, to establish, exercise or defend legal claims, to prevent fraud, and to comply with our legal obligations, including after an account has been deleted or these Terms have terminated, in each case as further described in our Privacy Policy.

25.5 Survival. Every provision of these Terms that by its nature is intended to survive termination shall so survive, including sections 6.7, 9, 11, 14, 15 and 18 through 29 inclusive, together with the Class Action Terms.

26. Changes to These Terms

26.1 We reserve the right to amend these Terms at any time and from time to time, in our sole discretion. The amended Terms shall be posted on our website, and the “Last Updated” date shown above shall be revised accordingly. Where we consider an amendment to be material, we will use reasonable efforts to bring it to your attention, which may include notice through the Services or by email. Except where a longer period is required by applicable law, an amendment takes effect upon posting. Your continued access to or use of the Services after an amendment takes effect constitutes your acceptance of the Terms as amended. If you do not agree to the Terms as amended, your sole and exclusive remedy is to cease using the Services and to cancel your Subscription. You are responsible for reviewing these Terms periodically.

27. Jurisdiction-Specific Terms

27.1 Australia. If you acquire the Services as a “consumer” within the meaning of the Australian Consumer Law, the Services come with consumer guarantees that cannot be excluded under that law. Nothing in these Terms excludes, restricts or modifies any such guarantee or any right or remedy you have under that law. To the extent that our liability for a failure to comply with any such guarantee may lawfully be limited, it is limited, at our option, to the supplying of the Services again or the payment of the cost of having the Services supplied again.

27.2 Canada. If you are a consumer resident in a Province or Territory of Canada whose consumer protection legislation renders any provision of these Terms, including any provision relating to the choice of forum, the waiver of class proceedings, the unilateral amendment of these Terms or the exclusion or limitation of liability, void, prohibited or unenforceable against you, that provision does not apply to you to the extent of that prohibition, and the remainder of these Terms continues to apply. The parties have expressly required that these Terms and all related documents be drawn up in the English language. Les parties aux présentes ont expressément exigé que la présente convention et tous les documents qui s’y rattachent soient rédigés en anglais.

27.3 California. Under section 1789.3 of the California Civil Code, users resident in California are entitled to the following notice: the Services are provided by Ferrix Labs Inc., which may be contacted at collect@ferrixlabs.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

27.4 New Jersey. If you are a consumer resident in the State of New Jersey, the provisions of these Terms relating to the disclaimer of warranties, the limitation of liability, indemnification and release are intended to be only as broad and inclusive as is permitted by the law of the State of New Jersey, and do not apply to the extent prohibited by that law.

28. General Provisions

28.1 Entire Agreement. These Terms, together with the Privacy Policy, the Class Action Terms and any Supplemental Terms, constitute the entire agreement between you and us with respect to their subject matter, and supersede all prior and contemporaneous agreements, understandings, negotiations, representations and communications, whether written or oral, with respect to it.

28.2 Severability. If any provision of these Terms, or the application of it to any person or circumstance, is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable to any extent, that provision shall be enforced to the maximum extent permissible, shall be deemed modified to the minimum extent necessary to render it valid and enforceable while preserving its intent, and, if it cannot be so modified, shall be severed, and in each case the remaining provisions of these Terms, and the application of that provision to other persons or circumstances, shall continue in full force and effect.

28.3 No Waiver. No failure or delay by us in exercising any right, power or remedy under these Terms shall operate as a waiver of it, and no single or partial exercise of any right, power or remedy shall preclude any other or further exercise of it. No waiver shall be effective unless made in writing and signed by our authorized representative.

28.4 Assignment. You may not assign, transfer, delegate or sublicense any of your rights or obligations under these Terms without our prior written consent, and any purported assignment in breach of this section is void. We may assign, transfer, delegate or sublicense any or all of our rights and obligations under these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, amalgamation, acquisition, reorganization, financing or sale of all or part of our business or assets. These Terms bind and enure to the benefit of the parties and their respective successors and permitted assigns.

28.5 Force Majeure. We shall not be liable for any failure or delay in the performance of any obligation under these Terms arising from any cause beyond our reasonable control, including any act of God, natural disaster, epidemic, war, terrorism, civil disturbance, labour dispute, act or omission of any governmental authority, failure or interruption of any telecommunications, hosting, payment, App Store or other third-party service or network, or any malicious interference with our systems.

28.6 Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, employment or franchise relationship between you and us.

28.7 Third-Party Beneficiaries. Except as expressly provided in section 16 with respect to Apple, and except that each Ferrix Party is entitled to the benefit of, and may enforce, the provisions of these Terms expressed to be for its benefit, these Terms do not confer any right or remedy upon any person other than the parties.

28.8 Equitable Relief. You acknowledge that a breach by you of section 13 or section 14 would cause us irreparable harm for which damages would not be an adequate remedy, and that we shall be entitled to seek injunctive and other equitable relief in respect of any such actual or threatened breach, without the necessity of proving actual damage or of posting any bond or other security.

28.9 Remedies Cumulative. Our rights and remedies under these Terms are cumulative, and are in addition to, and not in substitution for, any other right or remedy available to us at law or in equity.

28.10 Notices. We may give notice to you by any of the means described in section 12. Notice to us must be given in writing, by email to collect@ferrixlabs.com, and is effective upon our acknowledgement of receipt.

28.11 Export. You shall comply with all export control, sanctions and similar laws applicable to your use of the Services, and shall not export, re-export or transfer any part of the Services in violation of any of them.

29. Contact

29.1 Questions regarding these Terms may be addressed to Ferrix Labs Inc. (Canada) by email at collect@ferrixlabs.com.