Terms of Service
Date of Last Revision: July 19, 2025
1. Welcome to RISExSHINE!
1.1 Introduction: Welcome to RISExSHINE! The following Terms of Service (these “Terms”) govern your access to and use of the products and services provided by Rise & Shine Technology Inc. (“RISExSHINE,” “we,” “us,” “our”). Our services include our interactive video platform, our mobile application (the “App”), our website located at www.risexshine.com (the “Site”), and all associated features, functionalities, user interfaces, content (including interactive video content, challenges, and experiences), and software (collectively, the “Service(s)”). Our platform enables users to view, engage with, and respond to gamified, short-form video content created in collaboration with featured individuals, brands, and organizations (“Content Creators”), and may include opportunities to earn rewards.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE (SEE SECTION 10) THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, WHICH INCLUDES PROVISIONS FOR NEGOTIATION, MEDIATION, AND BINDING ARBITRATION UNDER BRITISH COLUMBIA LAW. YOUR ACCESS TO AND USE OF THE SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
1.2 Modifications to Terms of Service: We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page of our Site and within the App, and will indicate at the top of this page the date these Terms were last revised. We will also notify you, either through the Service's user interface, in an email notification, or through other reasonable means, and as required by applicable Canadian law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. In addition, when using certain aspects of the Services, you may be subject to any additional terms applicable to such Services that may be posted from time to time.
1.3 Privacy: At RISExSHINE, we respect the privacy of our users. For details, please see our Privacy Policy, available at www.risexshine.com/privacy-policy. By using the Service, you consent to our collection, use, and disclosure of your personal information as outlined therein and in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and British Columbia’s Personal Information Protection Act (PIPA).
2. Access and Use of the Services
2.1 License to Use the Services: The Services, and any content, features, and functionalities accessed through our App and Site, are for your personal, non-commercial use only. Subject to your compliance with these Terms, RISExSHINE grants you a limited, non-exclusive, non-transferable, revocable license to download, install, access and use the App on a mobile device owned or otherwise controlled by you, and to access and use the content and features made available in or through the App strictly in accordance with these Terms. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by RISExSHINE, in the manner permitted by these Terms. Except for the foregoing limited license, no right, title, or interest is transferred to you. You agree not to use the Services for public performances or for any purpose other than your personal, non-commercial use. RISExSHINE may revoke this license at any time in its sole discretion. Upon such revocation, you must promptly uninstall the App and cease all use of the Services, and destroy any content downloaded (if applicable) or otherwise obtained through the Services, as well as copies of such materials.
2.2 Your Registration Obligations and Account Eligibility: You will be required to register with RISExSHINE to access and use the Services through the App. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy (available at www.risexshine.com/privacy-policy).
Age Eligibility and Parental Consent:
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Users Under 13 Prohibited: The Services are not intended for or directed at children under the age of thirteen (13). You must be at least thirteen (13) years of age to use the Services. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13 without verification of parental consent (or if we learn a child under 13 has wrongfully registered), we will take steps to delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at contact@risexshine.com.
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Users Between 13 and the Age of Majority: If you are thirteen (13) years of age or older but under the age of majority in your province or territory of residence (e.g., under 18 or 19, depending on the province, a "Minor User"), you may only use the Services if your parent or legal guardian reads these Terms and agrees to them on your behalf, and grants you permission to use the Services under their supervision.
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Representation by Parent/Guardian: If you are a parent or legal guardian permitting a Minor User to use the Services, you agree to: (i) supervise the Minor User's use of the Services; (ii) assume all risks associated with the Minor User’s use of the Services, including the transmission of content or information to and from third parties via the Internet; (iii) assume any liability resulting from the Minor User’s use of the Services; (iv) ensure the accuracy and truthfulness of all information submitted by you or the Minor User; and (v) assume responsibility and are bound by these Terms for the Minor User’s access and use of the Services.
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Representation by All Users: By registering for an account and/or using the Services, you represent that: (a) if you are a Minor User, your parent or legal guardian has consented to your use of the Services and has agreed to these Terms on your behalf; OR (b) you are of the age of majority in your jurisdiction and have the legal capacity to enter into these Terms.
2.3 Member Account, Password and Security: You may never use another's account, and you may not provide another person with the username and password (or other credentials) to access your account. You are responsible for maintaining control over the mobile device(s) used to access the Services and for safeguarding your account credentials. If you fail to maintain control of a device or safeguard your credentials, other users may access the Services through your account and may be able to access certain of your account information. You are fully responsible for any and all activities that occur under your account, and it is your responsibility to ensure that your account credentials remain confidential and secure. You agree to (a) immediately notify RISExSHINE at contact@risexshine.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you take appropriate measures to secure your account, such as exiting from your account at the end of a session if on a shared device (though primary use is expected on personal mobile devices). RISExSHINE will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to the Services: RISExSHINE reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that RISExSHINE will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. We have no obligation to retain any of your account information or data associated with your account for any period of time beyond what may be required by applicable Canadian law.
2.5 General Practices Regarding Use and Storage: You acknowledge that RISExSHINE may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on RISExSHINE’s servers on your behalf. You agree that RISExSHINE has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Services. You acknowledge that RISExSHINE reserves the right to terminate accounts that are inactive for an extended period of time, as determined in our sole discretion. You further acknowledge that RISExSHINE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.6 Mobile Application and Services: The Services are primarily accessed through our App on your mobile device. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device, and you are responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and App and any updates thereto. RISExSHINE does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. You acknowledge that downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. We do not currently collect telephone numbers for the purpose of sending SMS, MMS, or text messages as part of the Services. If such features are introduced in the future, your express consent will be obtained where required by applicable law.
2.7 Fees and Refund Policy: Current Services Free of Charge: Access to and use of the core features of the RISExSHINE App and Services are currently provided to you free of charge.
Future Paid Services: RISExSHINE reserves the right to introduce fees for certain features, content, or experiences within the Services, or to offer subscription plans, in the future (“Paid Services”). Before you or your parent/legal guardian (if you are a Minor User) pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees will be in Canadian Dollars unless otherwise specified.
Terms of Paid Services: Should RISExSHINE introduce Paid Services, the specific terms, including pricing, payment terms, subscription renewal terms (if applicable), and any applicable refund policies, will be made available to you (and your parent/legal guardian if you are a Minor User) at or before the point of purchase or subscription. Such terms will supplement these Terms of Service.
No Refunds for Current Free Services: As the current Services are provided free of charge, there are no fees to refund.
Violations: Refunds (if applicable to future Paid Services) may not be available for accounts which have violated these Terms of Service; violations are determined at RISExSHINE's sole discretion. RISExSHINE reserves the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Services if it determines, in its sole discretion, that you are abusing any future refund policy.
3. Conditions of Use
3.1 User Conduct and Responsibilities: You are responsible for your conduct while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper, and in accordance with these Terms and any applicable laws or regulations. RISExSHINE reserves the right to investigate and take appropriate legal action against anyone who, in RISExSHINE's sole discretion, violates this provision. This may include, without limitation, suspending or terminating the account of such violators, and reporting you to law enforcement authorities. You agree not to, and will not permit any third party to, use the Services to:
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Transmit, or engage with any content or activity that:
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infringes any intellectual property or other proprietary rights of any party (including RISExSHINE’s);
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you do not have a right to transmit or engage with under any law or under contractual or fiduciary relationships;
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contains software viruses, worms, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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poses or creates a privacy or security risk to any person;
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constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unauthorized contests, sweepstakes, or any other form of solicitation;
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is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable;
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in the sole judgment of RISExSHINE, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose RISExSHINE or its users to any harm or liability of any type; or
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involves uploading or publishing any AI-generated content unless explicitly authorized in writing by RISExSHINE.
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Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
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Violate any applicable local, provincial, national or international law, or any regulations having the force of law in Canada or your jurisdiction of residence;
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Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
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Solicit personal information from any other user for purposes not intended by the Service, for commercial or unlawful purposes, or in a manner that violates their privacy rights;
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Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
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Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized by RISExSHINE in writing;
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Further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
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Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;
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Attempt to decompile, reverse engineer, disassemble, or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by RISExSHINE with respect to the Services and/or data transmitted, processed or stored by RISExSHINE;
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Use the Services in any manner that could disable, overburden, damage, or impair the Site or App or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services; or
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Engage in any fraudulent activity, or any activity that is deceptive, or unfair, or that attempts to manipulate any challenges, rewards, or other features of the Services.
3.2 Fees and Payment Terms (for Future Paid Services): Access to and use of the core features of the RISExSHINE App and Services are currently provided free of charge, as described in Section 2.7. RISExSHINE reserves the right to introduce fees for certain features, content, experiences, or to offer subscription plans for Paid Services in the future. Should RISExSHINE introduce Paid Services:
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You (or your parent/legal guardian if you are a Minor User, as defined in Section 2.2) will be required to select a payment plan and provide RISExSHINE or its third-party payment processor with information regarding your credit card or other payment instrument. You represent and warrant that such information is true and that you are authorized to use the payment instrument.
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You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
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You agree to pay RISExSHINE the amount that is specified in the payment plan (as well as any applicable taxes, such as GST/HST, PST, or other sales taxes) in accordance with the terms of such plan and these Terms. You hereby authorize RISExSHINE or its third-party payment processor to bill your payment instrument in accordance with the terms of the applicable payment plan until you terminate your account or the specific Paid Service, and you further agree to pay any charges so incurred.
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If you dispute any charges, you must notify RISExSHINE in writing within sixty (60) days after the date that RISExSHINE or its payment processor charges you.
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RISExSHINE reserves the right to change the prices for any Paid Service. We will provide you with reasonable prior notice of any price changes. Your continued use of the applicable Paid Service after the price change becomes effective constitutes your agreement (or that of your parent/legal guardian if you are a Minor User) to pay the changed amount.
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You shall be responsible for all applicable taxes (including but not limited to sales, use, goods and services, harmonized, value-added, or other taxes, duties or charges) imposed by any governmental authority on your use of Paid Services.
3.3 Recurring Subscriptions (for Future Paid Services): If you select a Paid Service that includes an auto-renewal feature (“Recurring Subscription”) in the future:
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You authorize RISExSHINE or its third-party payment processor (such as the Apple App Store or Google Play Store for in-app subscriptions) to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you.
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In the event that RISExSHINE (or its third-party payment processor) is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, RISExSHINE may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third-party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
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RISExSHINE may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes (or for your parent/legal guardian to do so if you are a Minor User). Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by applicable law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Please ensure you read any such notification of price changes carefully.
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Payments made for Recurring Subscriptions are generally non-refundable, and there are no refunds or credits for partially used subscription periods, except as required by applicable law or as otherwise expressly stated at the time of purchase. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us for that period. Following any cancellation, however, you will continue to have access to the service through the end of your then-current subscription period.
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At any time, and for any reason, RISExSHINE may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
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Purchases Through Third-Party Marketplaces: If you purchase or subscribe to any Paid Service through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by RISExSHINE. Except as otherwise explicitly stated by RISExSHINE, the third-party marketplace will be solely responsible for making refunds under its refund policy, and RISExSHINE will have no refund obligations. RISExSHINE disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
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If you subscribed to a Recurring Subscription via the Apple App Store on your Apple mobile device, you can cancel your subscription by going to your Account Settings in the App Store.
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If you subscribed to a Recurring Subscription via the Google Play Store on your Android mobile device, you can cancel your subscription by opening the Google Play Store and selecting Menu > Subscriptions.
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If RISExSHINE offers subscriptions directly via our Site in the future, cancellation instructions will be provided on the Site or by contacting contact@risexshine.com.
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3.4 Special Notice for International Use; Export Controls: The technology and software underlying the Services or distributed in connection therewith, including the App (collectively, the “Software”), may be subject to export controls in Canada, the United States, and other jurisdictions. You agree to comply with all applicable export and re-export control laws and regulations. You represent and warrant that you are not located in a country that is subject to a Canadian or U.S. Government embargo, or that has been designated by the Canadian or U.S. Government as a "terrorist supporting" country, and that you are not listed on any Canadian or U.S. Government list of prohibited or restricted parties. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws in your jurisdiction regarding your use of the Service, including as it concerns online conduct and acceptable content.
3.5 Commercial Use: Unless otherwise expressly authorized herein or by RISExSHINE in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. The Services are intended solely for your non-commercial, personal, entertainment, and informational use.
4. Intellectual Property Rights
4.1 Our Content, Software, and Trademarks:
a.) Service Content: You acknowledge and agree that the Services contain and deliver content, including but not limited to interactive videos, graphics, text, challenges, and other features (collectively, “Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. The Service Content is either owned by or licensed to RISExSHINE, including content developed in collaboration with our featured individuals, brands, and organizations (“Content Creators”). Where Content Creators contribute their own intellectual property (e.g., name, likeness, pre-existing materials), RISExSHINE’s use is governed by individual agreements with such Content Creators granting RISExSHINE the necessary rights for the Services. Except as expressly authorized by RISExSHINE in writing, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by RISExSHINE from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited.
b.) Software: The technology and software underlying the Services or distributed in connection therewith, including our mobile application (the “Software”), are the property of RISExSHINE, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.
c.) RISExSHINE Trademarks: The RISExSHINE name and logos, and the names and logos of our specific challenges or features, are trademarks and service marks of Rise & Shine Technology Inc. (collectively the “RISExSHINE Trademarks”). Other company, product, and service names and logos used and displayed via the Services (including those of our Content Creators) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to RISExSHINE. Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of RISExSHINE Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of RISExSHINE Trademarks will inure to our exclusive benefit.
d.) Reservation of Rights: Any rights not expressly granted herein are reserved by RISExSHINE.
4.2 Third-Party Materials and Content Creators: Under no circumstances will RISExSHINE be liable in any way for any materials of third parties (including our Content Creators where they provide pre-existing materials or express views that are their own), including, but not limited to, for any errors or omissions in any such materials, or for any loss or damage of any kind incurred as a result of the use of any such materials. While RISExSHINE collaborates in the development of content with its Content Creators, we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services that violates these Terms or is deemed by RISExSHINE, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content available on or through the Services, including any reliance on the accuracy, completeness, or usefulness of such content.
4.3 User Submissions (Feedback and Ideas): We welcome your feedback! You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information relevant to the Services (“Submissions”) provided by you to RISExSHINE, its affiliated companies, or partners are non-confidential. RISExSHINE, its affiliated companies, and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You assign to RISExSHINE all right, title, and interest in and to all Submissions, including all worldwide intellectual property rights therein.
4.4 Preservation and Disclosure of Account Information and Submissions: You acknowledge and agree that RISExSHINE may preserve your account information and Submissions and may also disclose such information and Submissions if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
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comply with legal process, applicable laws (including Canadian laws), or government requests;
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enforce these Terms;
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respond to claims that any of your Submissions or your use of the Service violates the rights of third parties; or
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protect the rights, property, or personal safety of RISExSHINE, its users, Content Creators, and the public.
You understand that the technical processing and transmission of the Services, including your Submissions and account information, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
4.5 Disclaimers Regarding Content:
a.) General Information Only: The content provided through the Services, including content related to personal development, empowerment, mindset, resilience, goal-setting, well-being, sports, music, and entertainment, is for informational, educational, and entertainment purposes only.
b.) No Professional Advice: RISExSHINE does not provide medical, therapeutic, financial, or legal advice. The Service Content is not intended to be, and should not be used as, a substitute for professional advice, diagnosis, or treatment from a qualified healthcare provider, therapist, financial advisor, legal counsel, or other relevant professional. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or mental health concern. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on the Services. Similarly, consult with appropriate financial or legal professionals for any financial or legal concerns.
c.) Assumption of Risk: You acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical activities or challenges that may be depicted or suggested by the Services. You agree to consult your healthcare provider before initiating any physical exercises, wellness practices, or changes to your routine, and follow your provider’s advice accordingly.
d.) No Liability for Use of Content: RISExSHINE will not be liable for any injury, loss, or damages arising from your access to, use of, or reliance on the Service Content or your participation in any activities or challenges suggested or depicted by the Services. Your use of any information or materials on this Service is entirely at your own risk, for which we shall not be liable.
4.6 Copyright Infringement Policy (Notice and Takedown Procedure): RISExSHINE respects the intellectual property of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. Canada's Copyright Act includes a "Notice and Notice" regime, which we adhere to. We also maintain a policy for removing content deemed to be infringing.
If you believe in good faith that any materials on the Services infringe upon your copyright, please send the following information to RISExSHINE’s designated Copyright Agent at contact@risexshine.com (Subject Line: "Copyright Takedown Request") or by mail to: Rise & Shine Technology Inc. Attn: Copyright Agent, 180 6th Street W, North Vancouver, BC, V7M 2M2, Canada
Your notice must include:
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our Services.
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Your contact information, including your mailing address, telephone number, and email address.
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A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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A statement by you, confirming that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
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A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
Upon receipt of a notice complying with these requirements, RISExSHINE will:
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Acknowledge receipt of your complaint.
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If the complaint pertains to content provided by one of our Content Creators under agreement, we may consult with that Content Creator.
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Take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services or forwarding the notice to the person responsible for the content in accordance with Canada's "Notice and Notice" regime.
4.7 Counter-Notice (for Material Removed): If you believe that material you are associated with (e.g., as a Content Creator whose material is featured by RISExSHINE) was removed or access to it was disabled by mistake or misidentification, you may file a counter-notice with us by submitting written notification to our Copyright Agent (contact details above).
Your counter-notice must include:
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Your physical or electronic signature.
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Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled.
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A statement by you, made in good faith, that the material was removed or disabled as a result of mistake or a misidentification of the material.
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Your name, address, telephone number, and email address.
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A statement that you consent to the jurisdiction of the Federal Court of Canada and/or the courts of British Columbia, and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If a counter-notice is received by the Copyright Agent, RISExSHINE may send a copy of the counter-notice to the original complaining party informing that person that RISExSHINE may replace the removed material or cease disabling it in 10 to 14 business days. Unless the original complaining party files an action seeking a court order against the content provider or user, the removed material may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at RISExSHINE's sole discretion.
4.8 Repeat Infringer Policy: In accordance with applicable copyright law, RISExSHINE has adopted a policy of terminating, in appropriate circumstances and at RISExSHINE's sole discretion, the accounts of users or access of Content Creators who are deemed to be repeat infringers. RISExSHINE may also at its sole discretion limit access to the Services and/or terminate the accounts of any users or agreements with Content Creators who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Third-Party Websites, Services, and Resources
The Services (including our App and Site) may provide, or third parties (including our Content Creators) may provide, links or other access to other sites, services, and resources on the Internet. RISExSHINE has no control over such external sites, services, and resources, and RISExSHINE is not responsible for and does not endorse them.
You further acknowledge and agree that RISExSHINE will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, events, goods, or services available on or through any such third-party site, service, or resource.
Any dealings you have with third parties (including Content Creators, advertisers, or other users, if applicable in the future) found or engaged with while using the Services are solely between you and the third party. You agree that RISExSHINE is not liable for any loss or claim that you may have against any such third party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
6. Future Integration with Social Networking or Other Third-Party Login Services
RISExSHINE currently provides account login via email and password. In the future, RISExSHINE may, at its discretion, allow you to enable or log in to the Services via various online third-party services, such as social media and social networking services (e.g., Facebook, Google) (“Social Networking Services”), or potentially through other third-party authentication methods like a cell phone number. This section outlines the terms that would apply if and when such features are implemented.
Should we offer such integrations, by logging in through or directly integrating these Social Networking Services into the Service, your online experiences may be enhanced and personalized. To take advantage of such a feature, we may ask you to authenticate, register for, or log into Social Networking Services on the websites of their respective providers. If you choose to use such features, as part of the integration, the Social Networking Services would provide us with access to certain information that you have provided to them (such as your name, email address, profile picture, friend lists, etc., depending on the permissions you grant and the policies of the Social Networking Service). We would use, store, and disclose such information in accordance with our Privacy Policy (available at www.risexshine.com/privacy-policy), which would be updated accordingly.
Please remember that the manner in which Social Networking Services (or any other third-party login service) use, store, and disclose your information is governed solely by the policies of such third parties. RISExSHINE shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within or used to access the Services.
Furthermore, RISExSHINE is not and would not be responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by or in connection with Social Networking Services. As such, RISExSHINE is not and would not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.
If RISExSHINE enables these features, it would be done merely as a convenience, and the integration or inclusion of such features does not and would not imply an endorsement or recommendation by RISExSHINE. You would use such features at your own discretion and risk. Any use of cell phone numbers for login would also be subject to terms and privacy considerations provided at the time of implementation.
7. Indemnity and Release
To the fullest extent permitted by applicable law, you agree to release, indemnify, and hold Rise & Shine Technology Inc. and its affiliates, and their respective officers, employees, directors, and agents (collectively, “RISExSHINE Parties”) harmless from any and all losses, damages, liabilities, expenses (including reasonable legal fees), rights, claims, actions of any kind, and injury (including death) arising out of or relating to:
a.) your use of the Services;
b.) any Submissions (as defined in Section 4.3) you provide;
c.) your connection to the Services;
d.) your violation of these Terms; or
e.) your violation of any rights of another person or entity.
You acknowledge that you are aware that there may be claims that you do not know or suspect to exist in your favour at the time of agreeing to these Terms, which if known by you, might have materially affected your decision to agree to these Terms. To the fullest extent permitted by law, you hereby expressly waive all rights you may have under any statute or common law principle that would otherwise limit the effect of a general release, and you agree that this release shall be effective as a full and final accord and satisfaction and release of and from all released matters. This release is intended to be a general release of all claims, whether known or unknown, suspected or unsuspected.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISE & SHINE TECHNOLOGY INC. (“RISExSHINE”) EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
RISExSHINE MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS, REWARDS, OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES (INCLUDING ANY CONTENT OR CHALLENGES) WILL BE ACCURATE, COMPLETE, RELIABLE, OR CURRENT; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OR REWARDS PURCHASED OR OBTAINED BY YOU (OR ON YOUR BEHALF IF YOU ARE A MINOR USER) THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
SOME JURISDICTIONS, INCLUDING BRITISH COLUMBIA, MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATION MAY NOT APPLY TO YOU IF AND TO THE EXTENT THAT THEY ARE PROHIBITED OR SUPERSEDED BY STATUTE. WHERE STATUTORY WARRANTIES OR CONDITIONS APPLY AND CANNOT BE EXCLUDED, SUCH WARRANTIES OR CONDITIONS WILL BE LIMITED TO THE MINIMUM PERIOD AND SCOPE REQUIRED BY LAW.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RISE & SHINE TECHNOLOGY INC. (“RISExSHINE”) AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS (COLLECTIVELY, “RISExSHINE PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF RISExSHINE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR ACCOUNT; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING CONTENT CREATORS OR OTHER USERS, IF APPLICABLE) ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
IN NO EVENT WILL THE RISExSHINE PARTIES’ TOTAL AGGREGATE LIABILITY TO YOU (AND TO YOUR PARENT/LEGAL GUARDIAN IF YOU ARE A MINOR USER AND THEY ARE CLAIMING ON YOUR BEHALF) FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACTUAL AND TORTIOUS LOSSES), AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO RISExSHINE FOR USE OF THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM; OR (B) ONE HUNDRED CANADIAN DOLLARS ($100.00 CAD).
SOME JURISDICTIONS, INCLUDING BRITISH COLUMBIA, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS (AS STATED IN SECTION 8) OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 9 AND IN SECTION 8 MAY NOT APPLY TO YOU OR MAY BE LIMITED IN THEIR EFFECT IF AND TO THE EXTENT THAT THEY ARE PROHIBITED OR SUPERSEDED BY STATUTE. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED.
IF YOU (OR YOUR PARENT/LEGAL GUARDIAN ON YOUR BEHALF, IF YOU ARE A MINOR USER) ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
10. Dispute Resolution, Governing Law, and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INFORMAL NEGOTIATION, THEN MEDIATION, AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
(a) Governing Law and Jurisdiction: These Terms and your use of the Services will be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. Subject to the mandatory dispute resolution provisions below, you agree that any action at law or in equity arising out of or relating to these Terms or the Services that is not subject to arbitration (as per subsection (e) below) shall be filed exclusively in the provincial or federal courts located in Vancouver, British Columbia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms.
(b) Definition of Dispute: A “Dispute” means any and all claims, disagreements, actions, causes of action, issues, or controversies between you and RISExSHINE arising out of or relating to these Terms, your use of or access to the Services, any products or services offered, sold, or distributed by RISExSHINE, our relationship with you, any representations or promises made by RISExSHINE, or any advertising or marketing communications.
(c) Informal Negotiation (Mandatory First Step): Before initiating any mediation or arbitration, you and RISExSHINE agree to first attempt to resolve any Dispute informally for at least sixty (60) days. To initiate this process, the party raising the Dispute must send a written notice to the other party. Your notice to RISExSHINE must be sent to: Rise & Shine Technology Inc., Attn: Legal Department, 180 6th Street W, North Vancouver, BC, V7M 2M2, Canada, with a concurrent copy via email to contact@risexshine.com (Subject: "Dispute Notice"). RISExSHINE will send its notice to your email address associated with your account or any other address you have provided. The notice must: (i) describe the nature and basis of the Dispute; (ii) set forth the specific relief sought; and (iii) include your account username, if applicable. Both parties agree to use good faith efforts to settle the Dispute directly through consultation and negotiation. If the Dispute is not resolved within sixty (60) days after the notice is received (or a longer period if mutually agreed), either party may proceed to mediation as described below. Any applicable statute of limitations will be tolled during this informal negotiation period.
(d) Mediation (Mandatory Second Step): If a Dispute cannot be resolved through informal negotiation within the sixty (60) day period, you and RISExSHINE agree to endeavor to settle the Dispute by mediation before resorting to arbitration. The mediation shall be confidential and administered by a mutually agreed-upon mediator. If the parties cannot agree on a mediator within fourteen (14) days of one party initiating mediation, a mediator may be appointed by a recognized mediation service provider in British Columbia (e.g., Mediate BC Society or ADR Institute of British Columbia). The mediation shall take place in Vancouver, British Columbia, or virtually by agreement. The costs of the mediator shall be shared equally between the parties, unless otherwise agreed. The mediation will be conducted “without prejudice.” If the Dispute is not resolved within sixty (60) days following the appointment of the mediator (or a longer period if mutually agreed), either party may then proceed to binding arbitration.
(e) Binding Arbitration (Following Negotiation and Mediation): If a Dispute cannot be resolved through informal negotiation and mediation as set forth above, then the Dispute shall be finally and exclusively resolved by binding arbitration, except as provided in subsection (f) below. The arbitration shall be administered by a single arbitrator. The parties shall attempt to mutually agree on an arbitrator. If the parties cannot agree on an arbitrator within thirty (30) days after the demand for arbitration is made, the arbitrator shall be appointed pursuant to the rules of the ADR Institute of Canada (ADRIC) or the British Columbia International Commercial Arbitration Centre (BCICAC), or as otherwise provided under the arbitration legislation of British Columbia. The arbitration shall be conducted in English and held in Vancouver, British Columbia (or can be conducted remotely by agreement or if permitted by the arbitrator/rules). The arbitrator shall apply the laws of British Columbia and the federal laws of Canada applicable therein. The arbitrator’s decision shall be final and binding on both parties and enforceable in any court of competent jurisdiction. The arbitrator shall have the authority to grant any remedy or relief that a court of competent jurisdiction could grant, consistent with these Terms (including the Limitation of Liability in Section 9). Each party shall bear its own costs associated with the arbitration, and the parties shall share equally the fees and expenses of the arbitrator, unless the arbitrator determines that a different allocation is appropriate or required by the applicable arbitration rules or law. All arbitration proceedings shall be confidential, unless otherwise agreed by the parties or required by law.
(f) Exceptions to Mandatory Arbitration: Notwithstanding the foregoing, either you or RISExSHINE may: (i) Assert claims, if they qualify, in small claims court in Vancouver, British Columbia, or in the small claims court in the jurisdiction where you reside (if such court has jurisdiction over RISExSHINE and the claim). (ii) Bring an action in a court of competent jurisdiction in Vancouver, British Columbia, to seek urgent interim or interlocutory equitable relief (such as an injunction) to protect its intellectual property rights (as defined in Section 4) or confidential information, pending the outcome of any arbitration. Seeking such relief shall not be deemed a waiver of the right to arbitrate.
(g) Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RISExSHINE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT (WHERE PERMITTED), WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You and RISExSHINE each waive any right to a jury trial (if applicable to any court proceeding). If a court or arbitrator determines that the Class Action Waiver set forth in this paragraph is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis. In such an instance, the Dispute must be litigated in the courts of competent jurisdiction in Vancouver, British Columbia.
(h) 30-Day Right to Opt-Out of Arbitration: You (and your parent/legal guardian on your behalf if you are a Minor User) have the right to opt out of the provisions of this Section 10 requiring mandatory arbitration (subsections (e), (f)(i) as it relates to arbitration, and (g) as it relates to arbitration) by sending written notice of your decision to opt out to RISExSHINE at: Rise & Shine Technology Inc., Attn: Legal Department/Arbitration Opt-Out, 180 6th Street W, North Vancouver, BC, V7M 2M2, Canada, with a concurrent copy via email to contact@risexshine.com (Subject: "Arbitration Opt-Out") within thirty (30) days after first becoming subject to these Terms (e.g., upon creating an account or first using the Services). Your notice must include your name, address, the email address associated with your RISExSHINE account (if any), and an unequivocal statement that you wish to opt out of this arbitration agreement. If you opt out of these arbitration provisions, RISExSHINE will also not be bound by them with respect to Disputes with you. Opting out of arbitration does not affect any other sections of these Terms, including the provisions regarding Governing Law (subsection (a)), Informal Negotiation (subsection (c)), Mediation (subsection (d)), or the Class Action Waiver (subsection (g) as it may apply to court proceedings if arbitration is not applicable). If you do not opt out, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs.
(i) Changes to this Dispute Resolution Section: RISExSHINE will provide thirty (30) days’ notice of any material changes to this Section 10 by posting the amended terms on the Site and/or within the App, and/or by sending you an email. Any such changes will go into effect 30 days after RISExSHINE provides notice and will apply to all Disputes arising after the date the changes take effect. If you do not agree to the amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms with respect to this Section 10. If you continue to use the Services after such 30-day period, you will be deemed to have accepted such changes.
11. Termination
(a) Termination by RISExSHINE: You agree that Rise & Shine Technology Inc. (“RISExSHINE”), in its sole discretion, may suspend or terminate your account (or any part thereof) or your use of the Services, for any reason or no reason, including, without limitation, for lack of use or if RISExSHINE believes that you (or your parent/legal guardian on your behalf, if you are a Minor User) have violated or acted inconsistently with the letter or spirit of these Terms. RISExSHINE may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice.
Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities.
You agree that any suspension or termination of your access to the Services under any provision of these Terms may be effected without prior notice (except
as may be expressly required by applicable law, particularly in relation to any future Paid Services for which you have an active subscription). You acknowledge and agree that upon such suspension or termination, RISExSHINE may immediately deactivate or delete your account and all related information and data associated with your account, and/or bar any further access to such information or the Services. This may include the loss of any points, unlocked content, or standing in community rankings associated with your account.
Further, you agree that RISExSHINE will not be liable to you (or your parent/legal guardian) or any third party for any suspension or termination of your access to the Services or deletion of your account information, subject to any limitations under applicable law.
(b) Termination by You: You may terminate your account and cease using the Services at any time. You can delete your account through the settings in the App (if this feature is available) or by contacting us at contact@risexshine.com and requesting account deletion. Upon termination by you, your right to access and use the Services will immediately cease.
(c) Effect of Termination: Upon termination of your account by either you or RISExSHINE, for any reason: (i) Your license to use the Services (as granted in Section 2.1) shall immediately terminate. (ii) We may delete your account and all associated data, subject to our Privacy Policy and applicable law regarding data retention. (iii) Any provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (Section 4.1), user submissions/feedback (Section 4.3), disclaimers (Section 4.5, Section 8), indemnity (Section 7), limitations of liability (Section 9), dispute resolution (Section 10), and general provisions (Section 13).
12. User Interactions and Disputes
You agree that you are solely responsible for your interactions (if any) with any other user in connection with the Services. Rise & Shine Technology Inc. (“RISExSHINE”) will have no liability or responsibility with respect to such interactions or any disputes that may arise between you and any other user.
RISExSHINE reserves the right, but has no obligation, to monitor or become involved in any way with disputes between you and any other user of the Services, particularly if such disputes may affect the integrity or operation of the Services.
13. General Provisions
(a) Entire Agreement: These Terms (including our Privacy Policy and any other terms or policies incorporated by reference) constitute the entire agreement between you (and your parent/legal guardian on your behalf, if you are a Minor User) and Rise & Shine Technology Inc. (“RISExSHINE”) and govern your use of the Services, superseding any prior agreements, promises, or representations between you and RISExSHINE with respect to the Services.
(b) Additional Terms: You may also be subject to additional terms and conditions that may apply when you use or purchase certain other RISExSHINE services, affiliate services, third-party content, or third-party software that may be made available through or in connection with the Services.
(c) Governing Law: These Terms and your relationship with RISExSHINE shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law principles.
(d) Jurisdiction for Non-Arbitrable Disputes: With respect to any Disputes or claims not subject to arbitration pursuant to Section 10, or where arbitration is opted out of or otherwise found not to apply, you and RISExSHINE agree to submit to the personal and exclusive jurisdiction of the provincial and federal courts located in Vancouver, British Columbia.
(e) No Waiver: The failure of RISExSHINE to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(f) Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
(g) Limitation Period for Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
(h) Admissibility of Electronic Form: A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(i) Assignment: You may not assign these Terms without the prior written consent of RISExSHINE. RISExSHINE may assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction or notice to you. Any purported assignment by you in violation of this section shall be void.
(j) Section Titles: The section titles in these Terms are for convenience only and have no legal or contractual effect.
(k) Notices to You: Notices to you may be made via email to the email address associated with your account, through in-app notifications within the Services, or by regular mail to an address you have provided to us, if any. It is your responsibility to keep your contact information current.
(l) Force Majeure: Under no circumstances shall RISExSHINE be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
(m) Notices on the Services: The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Services (e.g., on the Site or within the App).
14. Questions, Concerns, or Suggestions?
If you have any questions, concerns, or suggestions regarding these Terms or the Services, or if you wish to report any violations of these Terms, please contact us at:
Rise & Shine Technology Inc. 180 6th Street W North Vancouver, BC, V7M 2M2 Canada
Email: contact@risexshine.com
You may also find answers to common questions or further information on our website at www.risexshine.com or through any help or support features available within our App.