Terms of Service

This section only applies if you are accessing or using the Service as an individual. Governing Law: These Terms and any action related thereto will be governed by and construed in accordance with the laws of the Province of Ontario, Canada. Except as otherwise expressly set forth in these Terms, the exclusive jurisdiction for all Disputes (defined below) that you and Illumify Inc. are required to arbitrate will be the Provincial courts of Ontario, Canada and you and Illumify Inc. each waive any objection to jurisdiction and venue in such courts. Mandatory Arbitration of Disputes: We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Illumify Inc. agree that the laws of the Province of Ontario, Canada govern the interpretation and enforcement of these Terms, and that you and Illumify Inc. are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. Exceptions: We both may seek to resolve a Dispute in small claims court if it qualifies; and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the applicable laws governing the Province of Ontario, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, you will pay all of our attorneys’ fees and costs. If you prevail in arbitration, you will pay all of your attorneys’ fees and expenses. Injunctive and Declaratory Relief: Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration. Class Action Waiver. You and Illumify Inc. agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. Severability. With the exception of any of the provisions in the Class Action Waiver, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.