Privacy Policy
INTRODUCTION
Acceptance of Terms and Conditions of Use
IMPORTANT! YOUR ACCESS TO THIS WEBSITE AND YOUR INSTALLATION OF THE COMPANY’S (AS DEFINED BELOW) EXTENSION (AS DEFINED BELOW) IS SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE BEFORE PROCEEDING. ACCESSING THE WEB SERVICES (AS DEFINED BELOW) IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE OR THE EXTENSION AND DO NOT ENQUIRE ABOUT ANY PRODUCTS AND/OR SERVICES OFFERED FROM THIS WEBSITE OR DESCRIBED ON THIS WEBSITE.
These general terms and conditions of use (the “Terms of Use”) constitute a legal agreement between you (“you” and “your”) and Equilibrium AI Corp. (the “Company”) governing your use of royaltydata.ca and all associated web pages owned by the Company (collectively, the “Website”) and/or your installation and use of the Company’s web extension royaltydata.ca (the “Extension”) whether through the Company’s Website or from another source (together, the Website and the Extension, the “Web Services”). Please note that the Company, from time to time, brands its services as Royalty, royalty data, or royaltydata.ca. “We” and “Us” means both you and the Company. By accessing or using the Web Services or otherwise indicating your consent to these Terms of Use, you agree to be bound by these Terms of Use and the documents referred to herein. If you do not agree with or accept any of the terms of these Terms of Use, you should cease using the Web Services immediately. These electronic Terms of Use shall be the equivalent of a written paper agreement between Us.
By using the Web Services, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company.
Amendment of Terms of Use
These Terms of Use are dated December 31, 2021. The Company reserves the right in its sole discretion to amend these Terms of Use for any or no reason, at any time, and from time to time. Any and all such amendments will be effective from the date they are published and will apply to all access to or continued use of the Web Services.
By continuing to use or access the Web Services following such amendment to these Terms of Use, you agree to be bound by the Terms of Use as amended, regardless of whether or not the Company notified you of such amendments. You agree to periodically review these Terms of Use in order to be aware of any amendments.
No changes to these Terms of Use are valid or have any effect unless agreed to by the Company in writing.
YOUR USE OF AND CONDUCT ON THE WEB SERVICES
Creating an Account
To access and use certain services available through our Web Services, you will first be required to create a user account. To create a user account, you will be required to provide your name, email address, a login name, and a password, and other information related to your user account that the Company may require from time to time (the information you provide when creating a user account is collectively called your "Account Details"). For details about the information the Company collects, please refer to our Privacy Policy (as defined below).
When creating a user account, you agree to provide correct, current, and complete Account Details, and to promptly update your Account Details if any information changes – for example, if you change your email address.
While the Company takes steps to protect your Account Details, you acknowledge and agree that you are also responsible for maintaining the confidentiality of your Account Details. If you believe any of your Account Details (such as your password) have been compromised or that someone else is accessing your user account, you agree to promptly inform the Company and to take reasonable steps to secure your user account – for example, by changing your password.
You acknowledge and agree that your user account is personal to you, and that you cannot share your user account with, or transfer your user account to, another person without the Company’s prior written consent.
Verifying Your Identity
To use some of the services available through our Web Services, the Company may first require that you help the Company verify your identity. Accordingly, you agree to authorize the Company to make any inquiries the Company considers reasonably necessary to validate your identity upon our request. If you do not respond to our request to make inquiries or if the Company cannot verify your identity to the Company’s satisfaction, you acknowledge that the Company may refuse to allow you to use such services.
Linking to your Banking and Verifying Government Issued IDs
To use the Web Services, you may direct the Company to verify your government issued ID (the "ID") and to retrieve your account transaction history, balance information, and/or other information maintained by third parties with which you have relationships, maintain accounts or engage in financial transactions ("Third-Party Account Information"). To provide you with the services offered through the Web Services, the Company may require verification of your ID as well as access to your bank account to, among other things, monitor your spending habits. Since you will have to actively provide your ID and link your bank account to the Web Services, you will know if and when your ID are verified and your bank account is linked. The Company will only verify your ID and access your linked bank account in accordance with our Privacy Policy and these Terms of Use, and for reasons the Company has disclosed to you in advance and to which you have agreed. You can unlink your bank account at any time by:
- Clicking the "Settings" icon in the extension
- Navigating to the "Banking" section
- Turning "off" the link to Inverite using the toggle button
- Waiting for confirmation e-mail and contacting the Company's customer service if you experience any issues
By using the Web Services, you authorize the Company to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to these Terms of Use, you are also agreeing that you are responsible for keeping any passwords and usernames you provide to us so the Company can retrieve this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Web Services.
To help the Company verify your ID and link our Web Services to your bank account, the Company uses a third-party service provider called Inverite Verification Inc. (“Inverite”). To learn more about Inverite, their services, and how they handle any personal information of yours, check out their website at https://www.inverite.com and https://www.inverite.com/bank-verify/. You can learn more about how the Company manages your privacy in connection with our third-party service providers by checking out the Privacy Policy.
The Company does not review the Third-Party Account Information for accuracy, legality or non-infringement, and the Company is not responsible for your Third-Party Account Information or products and services offered by or on third-party sites.
By providing your ID and linking your bank account to our Web Services, you authorize the Company to verify your ID and access information from your bank account in accordance with these Terms of Use and as further described in our Privacy Policy, including in accordance with any further consents you may provide to the Company from time to time.
Collection and Transfer of Information (including Personal Information)
The Extension is a web browser extension that collects information about your usage of the Internet. For details about the information, the Company collects and transfers, and how the Company collects and transfers that information, please refer to our Privacy Policy.
The Company makes aggregated and anonymized information collected through our Extension available to businesses that may be interested in purchasing additional information from the users of our Extension. (the “Company Business Clients”). When a Company Business Client expresses interest in information relating to you, the Company will, in accordance with our Privacy Policy and with your express consent, release your information to and facilitate, as applicable, a connection between you and that Company Business Client. You will have access to such Company Business Client’s privacy policy. You may provide your express consent by checking the box before “By checking this box, I hereby provide my express consent to Equilibrium AI Corp. releasing the information described herein to the [Company Business Client].”
A Company Business Client may want to purchase information from you, some of which may be personal information, that may or may not go beyond the information the Company collected through the Extension (a “Subsequent Exchange”). You acknowledge and agree that all Subsequent Exchanges are between you and the applicable Company Business Client and that the Company is not a party to that exchange, regardless of whether you and the Company Business Client use our Web Services for that exchange. Notwithstanding the above, you understand and agree that a fee equal to 30% of any amount payable by a Company Business Client to you will be paid to the Company (the “Fee”) exclusive of applicable taxes. The Fee shall be collected by the Company from the Company Business Client. For clarity, if a Company Business Client agrees to pay $1.00 for your information pursuant to a Subsequent Exchange, $0.30 plus any applicable taxes from such $1.00 shall be paid to the Company. At the Company’s sole discretion, the Company may provide you with the option to be paid in a form or currency other than CAD, such as cryptocurrency.
Nature of Use
The Web Services are for your personal and non-commercial use only, with the exception that the Web Services may be used for commercial purposes that are limited to the sale and purchase of data between users of the Web Services and Company Business Clients. You agree that you will only access or use the Web Services for lawful purposes and in accordance with these Terms of Use. As a condition of your access to and use of the Web Services, you warrant and agree that you will not use or access the Web Services to:
- violate or promote the violation of any government-imposed restriction or rule or of any third party’s rights;
- impersonate any person or entity, misrepresent your affiliation with a person or entity, or do any other thing or act that brings the Company, any other user of the Web Services, or any third-party into disrepute or causes liability for the Company;
- distribute viruses, malware, or any other technologies that are malicious or that may harm the Company, the Web Services, other users of the Web Services, the Company’s affiliates, or any third-party, or in any other way interfere or attempt to interfere with the proper working of the Web Services;
- reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third-party, or otherwise publish, deeplink, create derivative works from or exploit in any way the Web Services or any content on the Web Services except as permitted by the Company under these Terms of Use; and
- harvest or otherwise collect, use, or disclose (including through the use of any robot, spider, or other automatic device, process, or means) content on the Web Services or personal information about any other user or users of the Web Services for any purpose.
You further represent and warrant with respect to any account that you may make on or through the Web Services that:
- all the information you provide on or through the Web Services is correct, current, and complete;
- any username, password, passphrase, private key or any other piece of information chosen by you, or provided to you as part of the Company’s security procedures, if any, will be treated as confidential by you and will not be disclosed to any other person or entity, and you are responsible for maintaining, remembering and keeping such information;
- you will notify the Company immediately of any unauthorized access to or use of your username or password, if applicable, or any other breach of security; and
- you will not transfer your account, if any, to another person without the prior written consent of the Company.
User Generated Content
You may be able to submit, post, publish, display, or otherwise transmit content, material, data or information to the Web Services or to other users or persons through or using the Web Services ( "User Generated Content"). You are entirely responsible for all User Generated Content you submit, post, publish, display, or otherwise transmit on or through the Web Services. The Company is not responsible or legally liable to any third-party for the content or accuracy of any User Generated Content submitted, posted, published, displayed, or otherwise transmitted on or through the Web Services by you or any other user of the Web Services. Any and all User Generated Content must comply with all applicable laws, regulations, and these Terms of Use.
User Generated Content may be removed, hidden, edited, or otherwise altered at the sole discretion of the Company for any or no reason, with or without notice, and at any time. However, the Company has no obligation, nor any responsibility to any party to monitor the Web Services or its use, and does not and cannot undertake to review User Generated Content. The Company cannot ensure prompt removal of objectionable material, including User Generated Content, and the Company has no liability for any action or inaction regarding transmissions, communications, or content, including User Generated Content, provided by any user of the Web Services or third-party, subject to applicable laws.
The discretion of the Company will be informed, but not limited by, the following guidelines for inappropriate User Generated Content. User Generated Content may be deemed inappropriate by the Company if it contains, depicts, includes, discusses, encourages, or involves, without limitation:
- material or conduct that is illegal, exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, age, or other such legally prohibited ground;
- any false, inaccurate, or misleading information, or the impersonation or attempted to impersonation of the Company, an employee of the Company, another user of the Web Services, or any other person or entity;
- conduct that restricts or inhibits anyone’s use or enjoyment of the Web Services, or which, as determined by the Company in its sole discretion, may harm the Company or users of the Web Services, or expose either to liability;
- cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person; or
- material or conduct that is otherwise objectionable, as determined by the Company at its sole discretion.
By submitting, posting, publishing, displaying, or otherwise transmitting any User Generated Content on or through the Web Services, you agree to grant the Company, its successors, and assigns, and the Company’s affiliates and service providers as necessary, a worldwide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, copy, and otherwise disclose for any purpose any User Generated Content you submit, post, publish, display, or otherwise transmit on or through the Web Services. You waive all moral rights in any such User Generated Content.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Web Services and all the content of the Web Services (including without limitation all information, reports, data, databases, graphics, interfaces, web pages, text, files, software, code, product names, company names, trademarks, logos, trade names, any other intellectual property contained on the Web Services but excluding User Generated Content), the manner in which such content is presented or appears and all information relating thereto, and the Web Services’ features and functionality (collectively, the “Web Services IP”) are owned by the Company, its licensors, or other providers of such Web Services IP, and are protected in all forms by intellectual property laws, including without limitation copyright, trademark, patent, trade secret, industrial design, and any other proprietary rights.
The Company grants you a personal, revocable, non-transferable, and non-exclusive license to access and read the Web Services IP.
You agree that, except as explicitly authorized by the Company, you will not:
- distribute the Web Services IP for any purpose, including without limitation by compiling an internal database, or by redistributing or reproducing the Web Services IP by the press or media or through any commercial network, cable, or satellite system;
- create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, distribute, publish or republish, download, store, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, either directly or indirectly, the Web Services IP in whole or in part, in any form or by any means whatsoever, be they physical, electronic, or otherwise; or
- allow any third-party to access the Web Services IP.
ENFORCEMENT, SUSPENSION, AND TERMINATION
The Company may in its sole discretion for any or no reason, with or without notice, and at any time:
- terminate these Terms of Use;
- limit, suspend, or terminate your access to or use of the Web Services;
- take technical and legal steps to prevent you from accessing or using the Web Services; or
- remove or otherwise modify any User Generated Content.
Any such termination or action by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and equitable remedies. Any terms of these Terms of Use which are necessary to give effect to the rights of the Company under these Terms of Use or that contemplate survival beyond termination shall survive, except to the extent not permitted by law.
INDEMNITY
To the maximum extent permitted by applicable law, you agree at all times to indemnify, defend, and hold harmless the Company, its agents, affiliates, partners, and its and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, actions, proceedings, demands, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including legal and other fees and disbursements) sustained, incurred, or paid by the Company, or arising out of or relating to your breach of these Terms of Use or your access or use of the Web Services, including without limitation any User Generated Content you submit, post, publish, display, or otherwise transmit on or through the Web Services, and your access to, use, or misuse of the Web Services or any content on the Web Services.
LIMITATIONS ON LIABILITY AND DISCLAIMERS
Limitations on Liability
EXCEPT TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, LOST GOODWILL OR BUSINESS REPUTATION, LOST DATA, OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEB SERVICES OR ANY CONTENT ON THE WEB SERVICES, INCLUDING WITHOUT LIMITATION: (A) ANY CHANGES THE COMPANY MAY MAKE TO THE WEB SERVICES OR TO ANY CONTENT ON THE WEB SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEB SERVICES OR ANY CONTENT ON THE WEB SERVICES; (B) THE DELETION OF, CORRUPTION OF, OR FAILURE TO SEND, DISPLAY, OR STORE ANY ADS, USER GENERATED CONTENT, OR OTHER COMMUNICATIONS OR DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE WEB SERVICES OR ANY CONTENT ON THE WEB SERVICES, INCLUDING USER GENERATED CONTENT; (C) YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION OR TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AS APPLICABLE. NOTWITHSTANDING THE FOREGOING, IF THE COMPANY IS FOUND TO BE LIABLE FOR ANY REASON, THE COMPANY’S LIABILITY TO YOU OR ANY THIRD-PARTY IS LIMITED TO THE GREATER OF: (A) THE TOTAL FEES SUCH PARTY MADE TO THE COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; AND (B) $150 CAD.
Availability, Completeness, and Quality
You understand and agree that the Web Services, any content on the Web Services, and any services or items found or attained through the Web Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for particular purpose, or non-infringement.
Except as otherwise expressly required by applicable law, the Company makes no representations, warranties, conditions, or other terms (whether express or implied) in relation to the provision of the Web Services or any content on the Web Services, including without limitation as to completeness, security, reliability, suitability, accuracy, availability, or currency of the Web Services or any content on the Web Services, that the Web Services or any content on the Web Services will be free from bugs, errors, or omission, or as to the satisfactory quality or fitness of the Web Services or any content on the Web Services for a particular purpose. The Company assumes no obligation to update the Web Services or any content on the Web Services. The Web Services or any content on the Web Services may be changed without notice to you.
To the maximum extent permitted by applicable law, the Company excludes all liability (whether arising in contract, tort, breach of statutory duty, or otherwise), which the Company may otherwise have to you as a result of any error or inaccuracies in the Web Services or any content on the Web Services, the unavailability of the Web Services for any reason, or any representation or statement made on or through the Web Services or any content on the Web Services.
The Company is not responsible for any content on the Web Services, including User Generated Content, that you may find undesirable or objectionable.
Downloads
The Company cannot and does not guarantee or warrant that files or data available for downloading from the internet or the Web Services will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Web Services and your computer internet and data security. To the fullest extent provided by law, the Company will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful materials that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Web Services or any services or items found or attained on or through the Web Services or to your downloading of any material posted on or through the Web Services, or on any website linked to the Web Services.
Third-Party Sites
The Web Services or content on the Web Services may contain links to third-party sites. The Company does not assume responsibility for the accuracy or appropriateness of, and has no control over, the information, data, opinion, advice, or statements contained at such sites, and makes no representations about any such websites that may be accessed from the Web Services or from any content on the Web Services. Where you access such sites, you acknowledge and agree you are doing so at your own risk. Your use of a third-party site may be governed by the terms and conditions of such site.
In providing links to third-party sites, the Company is in no way acting as a publisher or disseminator of any material contained on those sites and does not and does not seek to monitor or control such sites.
A link to a third-party site does not mean and should not be construed to mean that the Company is affiliated or associated with such third-party in any way. The Company does not recommend or endorse any material found on such third-party sites. The mention of another party or its product or service on the Web Services or in any content on the Web Services is not and should not be construed as an endorsement of that party or its product or service.
No Reliance
Any reliance you may place on the Web Services or any content on the Web Services is at your own risk. Any content provided by the Company on or through the Web Services is provided for general information purposes only and to inform you about the Company and the Company’s products, news, features, services, and other websites. Such content does not constitute technical, financial, or legal advice, or any other type of advice, and should not be relied on for any purpose. You agree to apply your own judgment or obtain specific or professional advice before taking, or refraining from, any action or inaction on the basis of the Web Services or any content on the Web Services, including User Generated Content, including without limitation the use of the Web Services or any content on the Web Services, including User Generated Content, as the basis for any conclusions.
No Offer of Sale
Unless explicitly stated, the Web Services and the content on the Web Services are not to be construed as an offer to sell any product or service.
Force Majeure
The Company shall have no liability to you for any breach of these Terms of Use caused by any event or circumstances beyond the Company’s reasonable control including without limitation strikes, lock-outs and other industrial disputes, breakdown of systems or network access, disease, flood, fire, explosion, or accident.
RELEASE
If you have a dispute with one or more other users of the Web Services, you release the Company, its affiliates, and licensors (and its and their directors, officers, employees, agents, and subsidiaries) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
PRIVACY
The use by the Company of your personal information is governed by the Company’s privacy policy (“Privacy Policy”), which can be found at /privacy. By using the Company’s Web Services or by submitting your personal information, including User Generated Content, on or through the Web Services, you consent to the collection, use, and disclosure of your personal information in accordance with the terms of the Privacy Policy.
GENERAL
No Agency
No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Use.
Governing Law, Jurisdiction, and Attornment
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without giving effect to any choice of law provision, principle, or rule, and notwithstanding your domicile, residence, or physical location.
For the purpose of all legal proceedings, these Terms of Use shall be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario shall have jurisdiction to entertain any action arising under or out of these Term of Use. You and the Company agree to irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province of Ontario. You further waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
You agree to waive any right you may have to a trial by jury or to commence or participate in any class action against the Company related to the Web Services or any content on the Web Services, including User Generated Content, or these Terms of Use.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability
Any term of these Terms of Use that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of these Terms of Use, all without affecting the remaining terms of these Terms of Use or affecting the validity or enforceability of such terms in any other jurisdiction. Nothing in these Terms of Use shall operate to prejudice any mandatory statutory requirement or your statutory rights.
Entire Agreement
These Terms of Use together with the Privacy Policy contain the entire understanding and agreement between Us in relation to your use of the Web Services, and supersede and replace all prior and contemporaneous understandings, agreements, representation, statement, or other communication made by you or the Company, whether written or oral, that is not contained herein.
Notices
The Web Services is operated by Equilibrium AI Corp., 845 Belrose Road, Thunder Bay, ON P7G 1J8.
You consent to the exchange of information and documents between Us electronically over the Internet or by e-mail. If you have an account profile with the Company or have purchased a product from the Company, the Company will send you information and documents to the e-mail address in your account profile on the Website or provided in the course of purchasing such product. You will send information and documents to the Company by email to contact@royaltydata.ca
Every notice that you are required or permitted to be given or made under these Terms of Use to the Company shall be in writing and made to contact@royaltydata.ca. All notices from the Company to you will be displayed on the Website from time to time.
Assignment
You may not assign, sublicense, or otherwise transfer any of your rights and obligations in these Terms of Use to any other person.