Terms of service
Last Updated: November 5, 2025
IMPORTANT NOTICE: THESE TERMS OF USE ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 17 .
Saku Monsters Ltd. (“Saku”, “we”, “us” or “our”) offers the website at https://sakumon.com/, and may offer related mobile applications, platforms, features, content, or products (collectively, the “Platform”).
By visiting our Platform and/ or purchasing a product from us, you agree to be bound by the following terms and conditions (“Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, such as our Privacy Policy. These Terms and Conditions apply to all users of the Platform, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access the Platform. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
You can review the most current version of these Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes online. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Platform following the posting of any changes constitutes acceptance of those changes.
Nothing in these Terms and Conditions affects your statutory consumer rights under applicable consumer protection laws which cannot be waived or limited.
1. ELIGIBILITY
A. Our Platform is available for individuals aged 13 years or older.
B. By using or accessing the Platform, you are required either: (i) to represent and warrant that you are at least 18 years of age; or (ii) if you are aged 13 but under 18 years of age, your parent or guardian must review and accept these Terms and Conditions on your behalf.
C. Parents or guardians are jointly and severally liable for all acts (including purchases and payments for In-App Purchases or within the website or Platform) and omissions of their children aged under 18 years.
2. REGISTRATION
A. To use certain features or products that we offer, you may be required to create an account (an “Account”). You must provide true, accurate and complete information and keep your Account information updated, and we may require additional information and/or documentation for verification purposes from time to time. An Account cannot be co-owned or otherwise shared among multiple individuals.
B. You are solely responsible for the activity that occurs on your Account, and for keeping your password secure. You are also solely responsible for any use of any payment methods initiated or enabled by or through your Account and you agree to notify us immediately upon any unauthorized use of your Account or other breach of security you become aware of.
C. In the event we discover that you have infringed these Terms and Conditions in any way, we reserve the right to suspend or terminate your Account.
3. PURCHASE OF PRODUCTS
A. Certain products may be available exclusively online through our website. These products may have limited quantities and are subject to return or exchange only according to our return policies.
B. We have made every effort to display as accurately as possible the colors and images of our products on our website. We cannot guarantee that your computer monitor's display of any color will be accurate.
C. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product is void where prohibited.
4. RETURN OF PRODUCTS
A. All purchases are non-refundable, non-returnable and final, unless the product received is defective, damaged or incorrect. Please inspect your order upon receipt and if any item is defective, damaged or if you receive the wrong item, contact us within 30 days at support@sakumon.com so that we can evaluate the issue and make it right.
B. We will notify you once we’ve received and inspected your return, and let you know if the refund is approved or not. If approved, you’ll be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
C. In-App Purchases (as defined below) are non-returnable, non-refundable, and final, except in cases of technical failure preventing access. If you’re experiencing technical issues with your In-App Purchases, please contact us at support@sakumon.com so that we can evaluate the issue and make it right.
5. IN-APP PURCHASES
A. From time to time, you may be able to earn, buy, purchase or spend certain goods through our mobile applications, which can be used to purchase in-game items and enhance your experience and use of such mobile applications (collectively, “In-App Purchases”).
B. Upon termination of your Account or these Terms and Conditions, you acknowledge and agree that, to the fullest extent permitted by applicable law, you shall retain no access or control over such In-App Purchases.
C. All financial transactions are processed by our payment processor, Stripe, Inc. (“Stripe”) and will be subject to the terms, conditions, and privacy policies of Stripe, available at https://stripe.com/us/terms.
D. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, the “Taxes”) associated with your purchases.
6. RFID-ENABLED TECHNOLOGY DISCLOSURE AND REQUIREMENTS
A. Certain physical products we offer may contain Radio Frequency Identification (RFID)
technology that enables communication between a physical product and a mobile
application ("RFID Products"). By purchasing or using RFID Products, you acknowledge and consent to the following: (i) RFID chips embedded in physical products may collect and transmit device identification data, usage patterns, proximity data, and interaction timestamps; (ii) data transmission occurs automatically when RFID Products are within range of compatible devices running the mobile application; and (iii) functionality may require periodic firmware and software updates.
B. RFID Products are designed to integrate with our services as follows: (i) each RFID Product contains a unique identifier that links to your Account when first activated; (ii) RFID Products must be “paired” with your Account through the mobile application; and (iii) in order to be transferred, RFID Products must first be “unpaired” from your Account through the mobile application.
C. RFID functionality may be affected by electromagnetic interference, physical damage, water, extreme temperatures, or software updates. You are responsible for maintaining RFID Products in accordance with provided care instructions. RFID PRODUCTS ARE NOT WATERPROOF AND EXPOSURE TO MOISTURE MAY PERMANENTLY DAMAGE FUNCTIONALITY.
D. RFID Products require: (i) compatible mobile device with RFID capabilities; (ii) supported operating system (latest version of iOS or Android); (iii) active internet connection for initial setup and periodic updates; (iv) applicable mobile application installed and Account logged in.
7. LICENCE AND PERMITTED USE
A. Saku grants you a personal, limited, non-exclusive license to use its mobile applications for your non-commercial use. This license includes the right to access and use the mobile applications only.
B. To the fullest extent permitted by applicable law, this license granted to use the mobile applications is non-transferable. You may not rent, lease, lend, sell, redistribute or sublicense the Platform. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the mobile applications, any updates, or any part thereof (except as and only to the extent allowed by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the licensed application). You may not remove or alter Saku's or its licensors trademarks or logos, or legal notices included in the mobile applications or related assets. Any attempt to use the mobile applications in breach of these Terms and Conditions is a violation of the rights of Saku and its licensors.
C. Any use of the mobile applications in violation of the limitations below is a serious violation of these Terms and Conditions, and subjects you to immediate termination of your Account.
You agree that you will not, under any circumstances:
i. use, develop, host or distribute cheats, automation software (bots), modded lobbies, hacks, mods or any other unauthorized third-party software in connection with the mobile applications, or engage in any form of cheating, boosting, or booting;
ii. exploit or reverse engineer the mobile applications (or any of its parts), for any commercial purpose, including without limitation (a) to enable use at a cyber cafe, computer gaming center or any other location-based site without the express written consent of Saku; (b) for gathering in-game currency, items or resources for sale outside the mobile applications; (c) performing in-game services in exchange for payment outside the mobile applications, e.g., power-leveling; or (d) the sale of Accounts, log-in information, or other mobile applications materials, access, or rights;
iii. use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through the mobile applications;
iv. facilitate, create or maintain any unauthorized connection to the mobile applications, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the mobile applications; and (b) any connection using programs or tools not expressly approved by Saku in writing;
v. violate any applicable law or regulation in connection with your use of the mobile applications;
vi. disrupt or assist in the disruption of: (i) any computer, device or server used to support the mobile applications; or (ii) any other player's use of the mobile applications;
vii. interfere or attempt to interfere with the operation of the mobile applications in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses or time bombs;
viii. reproduce, distribute, display, transfer or use any part of the Platform except as expressly authorized by Saku; or
ix. scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user's (whether specific to any particular user or as an aggregation) information accessible through the Platform.
8. OWNERSHIP OF INTELLECTUAL PROPERTY AND UGC
A. Unless otherwise indicated by us in writing, and for the purpose of these Terms and Conditions, the term “Content” includes, without limitation, all characters (including their names and likeness), designs, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics (static or motion), animations, sound files (including music and other recordings), audiovisual effects, and any and all interactive features generated, provided, or otherwise made accessible on or through the Platform are the proprietary property of Saku or our affiliates or licensors, as applicable. For the purposes of these Terms and Conditions, “Content” also includes all UGC (as defined below). The Saku logos and any Saku products, service names, designs, trademarks, slogans, and service marks (“Saku Marks”) are owned, controlled by us, or licensed to us, and are protected by applicable copyright, trademark and other intellectual property laws (including unfair competition laws) in the applicable jurisdictions. Except when expressly permitted in accordance with these terms, our Platform, the Content and the Saku Marks may not be copied, reproduced, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise used, for any commercial purpose whatsoever. Reference to any of the Content or Saku Marks by third parties does not constitute or imply endorsement, sponsorship, or recommendation by us. While we strive to ensure the accuracy of the Content you access on or through the Platform, we cannot guarantee that it will always be accurate.
B. All Content added, created, uploaded, submitted, distributed, or posted to the Platform by you or other users (collectively “UGC”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such UGC. You represent that all UGC posted by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, including applicable intellectual property laws. You retain ownership of any and all UGC created and/or uploaded by you. By using the Platform, you understand that you are responsible for any risk associated with accessing all Content, including UGC. This means that you are solely responsible for any potential damage or loss that may occur as a result. We reserve the right to delete your UGC at any time.
C. To the fullest extent permitted by applicable law, by submitting any UGC, you automatically grant (or represent and warrant that the owner of such rights has expressly granted) Saku a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub-license, create derivative works from and distribute such UGC or incorporate such UGC into any form, medium, or technology now known or later developed throughout the universe, and agree that Saku shall be entitled to unrestricted use of the UGC for any purpose whatsoever, commercial or otherwise, without compensation, notice or attribution. You waive and agree not to assert any moral or similar rights you may have in any of your UGC. To the extent the Platform permits other users to access and use your UGC, you also grant all other users of the Platform the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the Platform without further notice, attribution or compensation to you.
D. You may submit feedback, including, but not limited to, questions, comments, suggestions, ideas, documents, proposals, or other contents of similar nature regarding the Platform (“Feedback”). You hereby grant to Saku a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise exploit in any manner (including commercially), any and all such Feedback.
9. COPYRIGHT POLICY
A. Saku has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of the designated agent to receive notification of any claimed infringement (“Designated Agent”) is listed at paragraph C) below.
B. If you believe that material or content residing on or accessible through the Platform infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
i. Your name, address, telephone number, and email address;
ii. A description of the copyrighted work that you claim has been infringed;
iii. The exact URL or a description of where the alleged infringing material is located;
iv. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
v. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
vi. A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
C. Please contact the Designated Agent for Saku at support@sakumon.com.
10. THIRD-PARTY SERVICES
The Platform may permit you to link to or otherwise access other websites, services or resources, such as third-party collectible marketplaces, on your device and the Internet, and other websites, services or resources may contain links to or be accessed by the Platform, such as Saku service providers or customers. These other resources are not under our control, and you acknowledge that, to the maximum extent permitted by applicable law, we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link or access does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
11. LOCATION-BASED SERVICES
We may offer features that are based on the location of users, and which may report on the locations of those users as they use the Platform (the “Location-Based Services”). You may partake in using these Location-Based Services solely at your own discretion and may opt-out of providing such information by turning off those features. Should you use Location-Based Services, you are consenting to our collection and dissemination of your location information through the Platform. To the maximum extent permitted by applicable law, we shall not be liable for claims or damages therefrom arising out of your informed decision to disseminate your location information through the Platform.
12. SUSPENSION; TERMINATION
A. We reserve the right to suspend, deny or terminate your access to or use of all or any part of the Platform, at any time, in our sole discretion, with or without notice or liability, effective immediately, for any reason or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms and Conditions or for violation of any applicable law, rule, or regulation. Such termination may result in the forfeiture, loss, deletion and/or destruction of part or all information associated with your Account and your use of the Platform. To the maximum extent permitted by applicable law, Saku will have no liability to you for such termination, including for any limitation or inability to access or retrieve any information or items from your Account.
B. If you wish to terminate your Account, you may do so by following the instructions on the Platform.
C. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, licenses, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. BLIND BOX PRODUCTS: ASSUMPTION OF RISKS AND LIABILITY LIMITATIONS
A. By purchasing any blind box, mystery box, or randomized product offering (collectively "Blind Box Products"), you expressly acknowledge and agree that: (i) the specific contents of Blind Box Products are deliberately unknown and randomized at the time of purchase; (ii) the value, rarity, desirability, and specific characteristics of items received are inherently variable and based solely on chance; (iii) you are purchasing the experience and opportunity to receive randomized content, not any specific item; (iv) duplicate items may be received across multiple purchases; (v) the subjective value or appeal of received items may not meet your personal expectations or preferences; (vi) you assume all risks associated with the randomized nature of these products; (vii) Blind Box Products share structural similarities with gambling and may pose risks of excessive spending or addictive behavior; (viii) you should monitor your spending on Blind Box Products and seek help if you experience difficulty controlling such purchases; and (ix) while we do not consider Blind Box Products to constitute gambling, regulatory interpretations may vary across jurisdictions and could change over time.
B. We make no representations, warranties, or guarantees regarding: (i) the specific items you will receive in any Blind Box Product; (ii) the monetary, collectible, or subjective value of items received; (iii) the rarity or desirability of any particular item; (iv) your satisfaction with the contents received; or (v) that items received will meet your individual preferences, expectations, or collecting goals. All probabilities, rarity descriptions, or value ranges provided are estimates only and do not constitute guarantees.
C. Subject to applicable laws in your region of residence: (i) Blind Box Products are not eligible for return, exchange, or refund based solely on dissatisfaction with the randomized contents received, as the random nature is the fundamental characteristic of these products; (ii) this limitation does not affect your statutory rights regarding defective products under applicable laws - if any physical item received is defective, damaged during shipping, or fails to withstand normal use for a reasonable time considering its nature and price, you retain all rights under applicable laws for legal warranty; (iii) if you receive the wrong type of Blind Box Product (different from what was ordered), or to report defective items or incorrect shipments, please contact customer service within 30 days of receipt with photographic evidence.
D. To the maximum extent permitted under applicable law: (i) our total liability for any Blind Box Product shall not exceed the purchase price paid for that specific product; (ii) we shall not be liable for any indirect, consequential, punitive, or speculative damages arising from Blind Box Product purchases, including but not limited to disappointment, loss of collecting opportunities, or perceived diminution in collection value; (iii) we are not liable for market fluctuations in secondary market values of items received; (iv) any claims regarding Blind Box Products must be brought within 1 year of purchase; and (v) these limitations do not apply to liability that cannot be excluded under applicable consumer protection law, including liability for defective products, personal injury, or fraudulent misrepresentation.
15. WARRANTY DISCLAIMER
A. You release us from all liability for you having acquired or not acquired Content through the Platform. We make no representations concerning any Content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Platform.
B. THE PLATFORM, PRODUCTS AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS AND CUSTOMERS DO NOT WARRANT THAT: (I) THE PLATFORM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. SAKU DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE PLATFORM ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND SAKU SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. YOU UNDERSTAND ANY USE OF THE PLATFORM OR ANY CONTENT OBTAINED IN CONNECTION WITH THE PLATFORM IS AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE PLATFORM. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
C. SAKU DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, PRODUCTS OR ANY LINKED OR ASSOCIATED CONTENT YOU INTERACT WITH WHEN USING OUR PLATFORM OR OUR SERVICE PROVIDERS'; SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL WRITTEN, OR OBTAINED FROM SAKU OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND AGREE THAT WE HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
D. IN ADDITION TO ALL OTHER DISCLAIMERS, WE SPECIFICALLY DISCLAIM ANY WARRANTIES REGARDING: (I) CONTINUOUS OPERATION OF RFID FUNCTIONALITY; (II) COMPATIBILITY WITH FUTURE MOBILE DEVICE UPDATES OR OPERATING SYSTEMS; (III) INTERFERENCE FROM OTHER ELECTRONIC DEVICES; (IV) PHYSICAL DURABILITY BEYOND NORMAL WEAR AND TEAR AND USE CONTRARY TO INSTRUCTIONS OR DOCUMENTATION, SUCH AS USE OF THE RFID PRODUCTS IN CONTACT WITH WATER; (V) DATA ACCURACY OR COMPLETENESS FROM RFID SENSORS; (VI) AVAILABILITY OF DIGITAL ASSETS LINKED TO RFID PRODUCTS FOLLOWING TECHNICAL FAILURES.
15. INDEMNIFICATION
To the fullest extent permitted by applicable law, you shall defend, indemnify, and hold harmless Saku, our affiliates and our customers and each of our and their respective employees, contractors, directors, suppliers, sponsors, business partners, advertisers, and representatives from and against any and all actual or alleged losses, third-party claims, damages, awards, penalties, liabilities, claims, fees, interest and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to the Platform, Content, or otherwise from your UGC, violation of these Terms and Conditions, or infringement by you or any third party using your Account or identity in the Platform, of any intellectual property or other rights of any person or entity. You agree to promptly notify Saku of any third-party claims and cooperate with the Saku parties in defending such claims. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
16. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PLATFORM FOR (I) ANY LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY SAKU OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE PLATFORM; OR (IV) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF CAD $50.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. ARBITRATION CLAUSE & CLASS ACTION WAIVER
A. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE PLATFORM, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF USE TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING. THIS DISPUTE RESOLUTION PROVISION WILL BE GOVERNED BY THE ARBITRATION ACT (QUÉBEC). JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS OF USE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO OR CONNECTED WITH THE USE OF THE PLATFORM OR THESE TERMS OF USES MUST BE FILED WITHIN 1 YEAR AFTER SUCH CLAIM OF ACTION AROSE OR BE FOREVER BANNED.
B. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then only the specific provision found to be unenforceable will be null and void, and the remainder of this Arbitration section will remain in effect. This arbitration agreement will survive the termination of your relationship with us.
18. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of these Terms and Conditions shall be governed by the exclusive jurisdiction and venue of the courts in the Province of Québec, Canada.
19. MISCELLANEOUS
A. Entire Agreement and Severability. These Terms and Conditions are the entire agreement between you and us with respect to the Platform, including use of the Platform, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us with respect to the Platform. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
B. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
C. Assignment. These Terms and Conditions are personal to you and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
D. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
E. Notices. Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to support@sakumon.com.
F. No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
G. Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
20. CONTACT
You may contact us at support@sakumon.com with any questions about these Terms and Conditions.