Section 1. Your Acknowledgement and Acceptance
BicDroid Inc., an Ontario corporation (“BicDroid”, “us”, “our” or “we”) provides: (a) the website located at www.bicdroid.com (the “Site”); and (b) any products or services with authorized links to this Agreement, including BicDroid QMessage, BicDroid QNote, BicDroid QPhoto (together collectively referred to as BicDroid QM), BicDroid Photo, BicDroid QDocument (including BicDroid QDocument SE and BicDroid QDocument EE), and any other products provided by us (collectively, the “Products”). These Terms of Service (this “Agreement”) set forth the legally binding terms for your use of the Site and Products.
By using the Site and/or any Product, you:
- Acknowledge, agree, and accept this Agreement, and further represent and warrant that you have the right, authority, and capacity to enter into this Agreement if you are 18 years old or above; or
- Have permission from your parent or guardian to do so, and your parent or guardian consents to this Agreement on your behalf if you are 17 years old or younger.
If you or your parent or guardian in case you are 17 years old or younger do not agree with all of the provisions of this Agreement, please do not use any of the Site and Products.
This Agreement constitutes the entire understanding of you and BicDroid with respect to the subject matters hereof (including the Site and Products) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters.
Section 2. Overview
2.1 BicDroid has developed products BicDroid QDocument (including BicDroid QDocument SE and BicDroid QDocument EE), BicDroid QMessage, BicDroid QNote, BicDroid QPhoto, and is further developing a new product BicDroid Photo to serve people’s need to deal with Big Data, Internet of Things, Cloud Computing, and Information Security. BicDroid QMessage, BicDroid QNote, and BicDroid QPhoto are currently bundled together and offered as one download under the name of BicDroid QM.
2.2 BicDroid QDocument SE protects your selected data on your own servers against data breaches and any known and unknown attacks including phishing and ransomware attacks. It polices processes trying to access the protected data at all times, provides detailed access reports, and denies all unauthorized processes, thereby defeating any attempted attacks.
2.3 BicDroid QDocument EE protects your selected data on your end-point devices against data breaches and any known and unknown attacks including phishing and ransomware attacks. It secures your protected data any time (at rest, in transit, & in sharing) and anywhere in your cyberspace. Files in your secured folders are automatically AES-256 encrypted with random ephemeral keys; they can be viewed only by your authorized users on their registered devices. Authorized secure sharing/collaboration is as simple as typing email addresses. We do not know the encryption keys; nor do we have access to your files.
2.4 BicDroid QMessage offers secure electronic communications having the best of secure instant multimedia messaging, face-to-face conversation, secure emails, and secure group interaction, and allows users to engage secret multimedia conversation with a group of people from any of registered devices of users seamlessly. Your messages (text, voice, photos, and/or files) are automatically AES-256 encrypted on your own devices with random ephemeral keys right at the moment the messages are generated, and then delivered through our servers (the “Servers”) to their respective recipients; they remain encrypted all the time when stored in non-volatile memory anywhere in the Internet (on your own devices, over the clouds, in transmission, and on the devices of their recipients). Before your message is encrypted on your own device, you can set up any additional control as you wish, such as how many times it can be viewed/heard by each of its recipients, how long it can be viewed each time, etc. We do not know the encryption keys, which are generated and protected on your own devices.
2.5 BicDroid QNote is a quarantined note-taking system that helps you memorize and strongly safeguard your secrets. Whatever you type inside BicDroid QNote is automatically AES-256 encrypted on your own device with random ephemeral keys. If you select a third party cloud service during the installation and registration process of BicDroid QM, it is also synced across of all your registered devices; it is readable only on your own registered devices. We do not have any access to your Qnotes; nor do we know the encryption keys.
2.6 BicDroid QPhoto is a quarantined photo-taking system that not only strongly safeguards the photos taken inside BicDroid QPhoto, but also automatically manages them on your own devices so that you can see through them in an intuitive, organized, searchable, and 3D projected view. Your photos are automatically AES-256 encrypted on your own devices with random ephemeral keys right at the moment the photos are taken inside BicDroid QPhoto, and are also automatically organized on your device with a searchable 3D projected view. If you select a third party cloud service during the installation and registration process of BicDroid QM, your QPhotos are also synced across of all your registered devices; they are viewable only on your own registered devices. We do not have any access to your QPhotos; nor do we know the encryption keys.
2.7 BicDroid Account. You may browse http://www.bicdroid.com without registering for an account with BicDroid. However, in order to use some of the Products, you are required to register for an account with BicDroid (“BicDroid Account”) and provide certain information about yourself during each registration process. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site and the Products does not violate any applicable laws. BicDroid may suspend or terminate your BicDroid Account in accordance with Section 5. You are solely responsible for selecting an appropriate username and for any and all disclosures you make of your username to others, including any selection or disclosure that makes you personally identifiable. In addition to your BicDroid Account login username and password (the “Login Information”), you may also be required to set up a code called Verification Code, which is known only to you, in order to use the Products. Random ephemeral keys used to encrypt your selected data (whether messages, notes, photos, and/or files) are protected by a randomized and enhanced version of your Verification Code. You are responsible for maintaining the confidentiality of your BicDroid Account password and Verification Code, and for safeguarding your own registered devices with BicDroid. If all of your registered devices with BicDroid are lost and if you also forget your Verification Code, then all of your encrypted contents with BicDroid Account cannot be decrypted anymore and hence would be deemed lost even if they are backed up. In case you forget your Verification Code, but still have at least one of your registered devices with BicDroid at hand, your Verification Code can be recovered to you on that device without compromise but with possible fees after your identity is verified through our remote authentication system. In addition, you are also fully responsible for all activities that occur under your BicDroid Account. You agree to immediately notify BicDroid of any unauthorized use, or suspected unauthorized use, of your BicDroid Account or any other breach of security. BicDroid will have the right, but not the obligation, to resolve the security breach identified in such a notification; if the security breach is due to your failure to comply with the above requirements, we will charge your additional fees for such a resolution. BicDroid cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Section 3. End User License Agreement
3.1 License. Subject to other terms of this Agreement, BicDroid grants you a non-transferable, non-exclusive, revocable license to: (a) use the Site for your personal non-commercial use or internal business use; and (b) download, install, and use the Products on allowed computing devices, which natively execute an operating system supported by the Products, and that you own or control (collectively "Permitted Devices") for your personal non-commercial use or internal business use (the “License”).
3.2 Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you will not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, the Products, or any part thereof; (b) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or the Products, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you will not execute any Product on an emulator or on any device other than Permitted Devices and you will not access the Site or the Products in order to build a similar or competitive service; (d) except as expressly stated herein, no part of the Site or the Products may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (e) you will not remove or destroy any copyright notices or other proprietary markings contained on or in the Site or the Products. Any future release, update, or other addition to functionality of the Site or the Products will be subject to the terms of this Agreement.
3.3 Local Laws. BicDroid makes no representation that the Site or the Products are appropriate for use in locations other than Canada. You are solely responsible for compliance with all applicable laws, including export and import regulations. Any diversion of the Site or the Products contrary to any applicable law is prohibited. In addition, you further represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
3.4 Fees. Except for free editions of the Products for allowed Permitted Devices and the free initial trial period specified in the download page of the Site, BicDroid will charge you the service/license fees of the Products according to the fee structure specified in a separate license agreement if that separate license agreement is negotiated and signed with you, and in the download page of the Site otherwise. The fee structure specified in the download page of the Site may be changed on a forward basis with a 30 days notice.
3.5 Ownership and Intellectual Property Rights. The Products provided to you are licensed to you and not sold. BicDroid (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Site and the Products, excluding your User Content (defined in Section 4). This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Products. You further acknowledge that you will not take any action to jeopardize, limit, or interfere in any manner with BicDroid’s or its licensors’ ownership of or rights in and to the Products. The BicDroid name, logo, and the product names associated with the Products belong to BicDroid (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. BicDroid (and its licensors, where applicable) reserve all rights not granted in this Agreement.
Section 4. User Content
4.1 User Content. "User Content" of a user means any and all content that such user uploads, distributes, transmits or otherwise uses with the Site or the Products, and includes:
- your profile data comprising your usernames and aliases (such as your email addresses and mobile phone numbers) as your login username in your BicDroid Account, MAC addresses of your Permitted Devices, and your profile photo taken and/or your voices recorded during the installation and registration process (your "User Profile")
- encrypted messages (text, voice, photos, and files) that you send to one or more other BicDroid QMessage users with BicDroid QMessage (your "QMessages")
- feedbacks and suggestions you send to BicDroid either through your dedicated channel with BicDroid Team established inside your BicDroid QMessage account on your Permitted Devices or other means (your "Feedbacks")
- your Qnotes created with BicDroid QNote on your Permitted Devices
- your QPhotoes taken inside BicDroid QPhoto on your Permitted Devices and
- your files encrypted with BicDroid QDocument (your "Secured Files")
Your QMessages, QNotes, and QPhotos are automatically encrypted on your Permitted Devices. BicDroid does not have access to your Secured Files, QNotes, and QPhotos. You are solely responsible for your User Content and for creating backup copies of your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined in Section 4.4). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by BicDroid.
4.2 License. By uploading, distributing, transmitting or otherwise using your User Content with the Sites or the Products, you automatically grant, and you represent and warrant that you have the right to grant, to BicDroid an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, prepare adaptations and derivative works of, incorporate into other works, and otherwise use: (a) your QMessages, solely to provide your QMessages to the intended recipient(s); and (b) your User Profile, to provide you with BicDroid services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You represent and warrant to BicDroid that any use of the User Content as described above will not require any third party licenses, permissions or consents.
4.3 Feedbacks. If you provide your Feedbacks to BicDroid, you hereby assign to BicDroid all rights in your Feedbacks and agree that BicDroid will have the right to use your Feedbacks and related information in any manner it deems appropriate. BicDroid will treat your Feedbacks as non-confidential and non-proprietary. You agree that you will not submit to BicDroid any information or ideas that you consider to be confidential or proprietary. If you submit to BicDroid confidential or proprietary information or ideas owned by you or in which you have an interest, you hereby grant BicDroid an nonexclusive royalty-free, irrevocable, world-wide license to make, have made, use, and sell that confidential or proprietary information and ideas without restriction as to the extent of your ownership or interest.
4.4 Acceptable Use Policy. The following sets forth our "Acceptable Use Policy":
i. You agree not to use the Site or the Products to upload, distribute, or otherwise use any User Content: (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that will require that BicDroid obtain any third party licenses, permissions or consents in connection with the using the User Content in a manner contemplated by this agreement; (c) that is tortious, trade libelous, defamatory, false, intentionally misleading, or that impersonates any other person or entity; (d) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (e) that is harmful to minors in any way; (f) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (g) that violates of any law, regulation, or contractual obligations.
ii. You agree not to use the Site or the Products to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Site (e.g. a denial of service attack); (d) attempt to gain unauthorized access to the Site or the Products or servers or networks connected to the Site (e.g. through password mining); or (e) interfere with another user’s use and enjoyment of the Site or the Products.
Section 5. Term and Termination
5.1 This Agreement commences on the date you accept this Agreement (as described in Section 1) and will remain in full force and effect while you use the Site or the Products, unless earlier terminated in accordance with this Agreement.
5.2 Notwithstanding the forgoing, if you used the Site or the Products prior to the date you accepted this Agreement (as described in Section 1), you hereby acknowledge and agree that this Agreement commences on the date you first use the Site or the Products (whichever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use the Site or the Products, unless earlier terminated in accordance with this Agreement.
5.3 We may: (a) suspend your rights to use the Site, the Products, and/or your BicDroid Account, or (b) terminate this Agreement, at any time at our sole discretion with or without notice to you if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement, or if the service/license fees of the Products in your BicDroid Account have not been paid for 3 months. Without limiting the foregoing, BicDroid reserves the right to terminate its Agreement with any user who has infringed intellectual property (including copyright) rights upon receipt of a valid notice of infringement of intellectual property (including copyright).
5.4 Upon termination of this Agreement, your BicDroid Account and right to use the Site and the Products will automatically terminate immediately. BicDroid will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your BicDroid Account.
5.5 Survival. The rights and obligations set forth in this Agreement intended by their nature to survive any expiration or termination of this Agreement shall survive any expiration or termination of this Agreement. For greater certainty, Sections 3 (excluding 3.1), 4, 5.5, and 6 through 10 will survive the termination and remain in effect.
Section 6. Indemnity
You agree to defend, indemnify, and hold harmless BicDroid (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Site or the Products; (ii) your User Content; or (iii) your violation of this Agreement. BicDroid reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BicDroid and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of BicDroid. BicDroid will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Section 7. Third Parties
7.1 Application Providers. You acknowledge and agree that the availability of the Products may be dependent on the third party marketplace from which you may have downloaded the Products, e.g. Apple iTunes, the Google Play Store, Microsoft or the Amazon Appstore for Android ("Application Provider"). You acknowledge that this Agreement is between you and BicDroid, but not with the Application Provider. BicDroid, not the Application Provider, is solely responsible for the Products, services thereof, and warranty therefor, and addressing any claims relating thereto (e.g. product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged independently by the Application Provider in connection with the download of the Products from the Application Provider (if any). You agree to comply with, and your license to use the Products is conditioned upon your compliance with, all applicable third party terms of agreement (e.g. the Application Provider’s terms and policies) when using the Products. You acknowledge that the Application Provider (and its subsidiaries) are third party beneficiaries of this Agreement and that each of them will have the right to enforce this Agreement for their own benefit. You acknowledge that, if your Permitted Devices are set to automatically update applications, the Products will be updated from time to time with your consent.
7.2 Third Party Clouds. To the extent that BicDroid makes available or enables access to third party clouds with your selection, it does so only as a convenience to you. We are not responsible for and do not control any third party clouds and services thereof ("Third Party Clouds and Services"). We have no obligation to review or monitor, and do not approve, endorse, or make any representations or warranties with respect to Third Party Clouds and Services. You agree that all Third Party Clouds and Services are the sole responsibility of the applicable third party providing such Third Party Clouds and Services, and that you use Third Party Clouds and Services in conjunction with the Products at your own risk and benefits. You agree that BicDroid cannot and will not be liable for any loss or damage arising from your use of Third Party Clouds and Services in conjunction with the Products.
7.3 Other Users. The Products may contain certain User Content provided by other users of the Products (e.g. QMessages you receive from other users). BicDroid is not responsible for and does not control User Content. We have no obligation and ability to review or monitor, and do not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk and benefits. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that BicDroid will not be responsible for any liability incurred as the result of any such interactions.
7.4 Release. You hereby irrevocably and unconditionally release and forever discharge BicDroid (and its suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relate to any interactions with, or act or omission of, any Application Providers, Third Party Clouds and Services or other users of the Site or Products. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Section 8. Disclaimers
THE SITE AND PRODUCTS ARE PROVIDED "AS-IS" AND AS AVAILABLE, AND BICDROID (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. BICDROID (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
Section 9. Limitation on Liability
9.1 IN NO EVENT SHALL BICDROID (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITE, PRODUCTS OR THIRD PARTY CLOUDS AND SERVICES, EVEN IF BICDROID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS OR THIRD PARTY CLOUDS AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.
9.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BICDROID’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITE AND PRODUCTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) TEN CANADIAN DOLLARS ($10) OR (B) AMOUNTS YOU’VE PAID BICDROID IN THE PRIOR 6 MONTHS (IF ANY).
9.3 IN NO EVENT WILL BICDROID’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
Section 10. General
10.1 Changes to this Agreement. This Agreement is subject to occasional revision, and if we make any material changes, we will notify you by sending you an email message, a text message, or a BicDroid QMessage and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of 30 calendar days following our dispatch of a message notice to you or 30 calendar days following our posting of notice of the changes on our Site, provided however that any changes will be effective immediately to the extent changes are for new product features and/or new products. Any material changes to Section 10.4 (Dispute Resolution) below, including changes to, or deletion of, that Section, will not apply to any claim(s) that you notified BicDroid of in writing before the effective date of the change. However, any changes will be effective immediately for new users of the Site or Products. Continued use of the Site or Products following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the top of this document. We recommend that you print a copy of this Agreement for your reference and revisit this policy from time to time to ensure you are aware of any changes.
10.2 Notice. Any notice provided to BicDroid pursuant to this Agreement should be sent to:
84 Milne Dr
Petersburg, Ontario N0B 2H0
10.3 Governing Law. This Agreement will be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located within Ontario, Canada for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
10.4 Resolution of Disputes.
(a) Mandatory Arbitration. Any dispute or claim between you and BicDroid relating to or arising out of the Site, Products or this Agreement (including disputes about the interpretation of this clause and the arbitrability of the dispute), will be referred to and determined exclusively through binding arbitration conducted in Toronto, Ontario, Canada, or such other location as may be determined by the arbitrator, on an individual basis, before a single arbitrator and in accordance with the applicable Ontario arbitration statute (the Arbitration Act, 1991, S.O. 1991, c.17, as amended, or the International Commercial Arbitration Act, R.S.O. 1990, c. I.9, as amended, or such other statute that may be enacted). However, you and BicDroid may take claims to small claims court in Toronto, Ontario, Canada if the dispute qualifies for hearing by such a court. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. You and BicDroid also agree that: (i) you and BicDroid will each pay such portion of the costs of the arbitration (which consists of each party’s legal expenses, the fees and expenses of the arbitrator, and any other expenses related to the arbitration) as determined by the arbitrator; (ii) the arbitrator may, in making an award regarding the costs of the arbitration, consider whether the costs of the arbitration are cost prohibitive as compared to the cost of litigating in a court, and based on such a finding, require BicDroid to pay a greater portion of the fees and expenses of the arbitrator, or the travel expenses of you or any witness, than might otherwise be the case, in which case BicDroid will pay as much of your arbitration costs as the arbitrator deems necessary to prevent such cost-prohibitiveness; (iii) BicDroid also reserves the right, in our sole and exclusive discretion, to assume responsibility for all of the costs of the arbitration; (iv) the arbitrator will honor claims of privilege and privacy recognized at law; (v) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (vi) the arbitrator’s award will be final and non-appealable, but may be enforced in any court of competent jurisdiction.
(b) Class Action Waiver. THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
(c) Right to Opt Out. You have the right to opt out of this agreement to arbitrate by sending written notice of your decision to opt out, postmarked within 30 days of the date this Agreement, to the address listed in Section 10.2 (above). Your written notice must include your BicDroid Account user name along with other detailed information such as the number of your Permitted Devices and your recent activities that occur under your BicDroid Account. If you send written notice, then the mandatory arbitration provisions in this Agreement will not apply to you or BicDroid. IF YOU DO NOT SEND THIS WRITTEN NOTICE, THEN YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISIONS IN THIS AGREEMENT.
(d) Mandatory Forum Selection. If for any reason a claim proceeds in court rather than in arbitration, you and BicDroid agree that the claim will be brought exclusively in courts located in Toronto, Ontario, Canada (including the Ontario Superior Court of Justice and the Federal Court). You and BicDroid expressly consent to the exclusive jurisdiction of, and waive any and all objections to venue or jurisdiction in, the courts in Toronto, Ontario, Canada for such purpose. However, you or BicDroid may seek injunctive or other equitable relief to protect its intellectual property rights and any claims regarding infringement or misappropriation of its intellectual property rights in any court of competent jurisdiction.