1. Introduction, Acceptance, Definitions, and Modifications

Welcome to darcy! We hope you will enjoy and appreciate using our “Services”, which may be visiting or using the Website at https://www.darcysecurity.com/ (the “Website”), and which includes using the darcy online “Application” that you forward suspicious emails and texts, or share a voice call (an “Ask”) in order to help you identify online, text and phone scams. The subdomains of the Website include but are not limited to https://app.darcysecurity.com, where you can access your “Account” if you have signed up for a “Subscription” to access the Application.

By interacting with the Services in any way, or by clicking or tapping the acceptance button upon signing up for a Subscription, you hereby accept to be bound by these Terms of Service (“TOS”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOS, you are not authorized to use the Services. The TOS are a legal and binding agreement between you and us. 

If you are using the Services and accepting or agreeing to these TOS on behalf of a company, partnership, association or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to these TOS and, in such event, "you" and "your" will refer and apply to that Legal Entity.

‍The Services, and the “darcy” and “darcy security” name and trademark, are owned and operated by FixMeStick Technologies Inc., a duly-incorporated company located in Montreal, Canada at the address listed below. Where the present TOS refer to “darcy” they may refer to FixMeStick Technologies Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOS shall also refer to FixMeStick Technologies Inc. and / or its Representatives. 

In these TOS, a Website visitor or Services user may be referred to as “you” or “your”. When a Services user has signed up for a Subscription and is logged in to their Account, they may be referred to in these TOS as a “Logged-In User”.  

darcy reserves the right, at any time and without prior notice, to modify or replace any of the TOS. Any changes to the TOS can be found at this URL. It is your responsibility to check the TOS periodically for changes. Your use of the Services following the posting of any changes to the TOS constitutes acceptance of those changes. If we make any substantial changes to the TOS that materially affect your legal relationship with darcy, we will use commercially reasonable efforts to notify you by posting a prominent notice when you use the Services for the first time following those changes, or if you have an Account, by email to the email address associated with your Account.

The TOS should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Services. 

‍2. Contacting Us

‍If you have any questions about these TOS, please contact us at:

darcy Legal Services
‍legal@darcysecurity.com

‍or:
darcy Legal Services
642 Rue de Courcelle, Suite 317
Montreal, QC
Canada
H4C 3C5

If you have any questions regarding the Services themselves, please contact us by emailing support@darcysecurity.com or by using our Support Request Form. 

3. General Code of Conduct for Use of the Services
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In addition to the more specific rules found elsewhere in these TOS, you agree that by interacting with the Services in any way, you will:
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(i) Not use the Services in any manner that in any way violates these TOS or any other applicable policy posted on the Website or in the Services by darcy;

(ii) Not use the Services in any manner that violates any intellectual property rights of darcy or any third party;

(iii) Not use the Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;

(iv) Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to darcy or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of darcy, other Services users, or any other third party;

(v) Not use the Services in any manner, or otherwise interfere with the Services, in order to reverse engineer or otherwise discover the Application’s design or programming in order to create scams designed to circumvent the Application and provide false positives, or create other scams the Application cannot detect; 

(vi) Not: (1) take any action that imposes or may impose (as determined by darcy in its sole discretion) an unreasonable or disproportionately large load on darcy’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted on or via the Services; (3) bypass any measures darcy may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Services; or (5) harvest or scrape any content from the Services in an unreasonable manner; 

(vii) Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Services, except for refusing any targeted or relational advertising as described in our Privacy Policy, which is your right;

(viii) Not use the Services to in any way collect information (whether personal information or not) of any third party or in violation of our Privacy Policy, except as permitted by the nature and function of the Services;

(ix) Not interfere with any third party’s use or enjoyment of the Services; 

(x) Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;

(xi) Not attempt to do any of the foregoing prohibitions;
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(xii) Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.

‍4. Subscriptions for the Services

a. Subscriptions and Passwords
‍In order to be able to access the Application, you will be required to sign up for a Subscription, whether for free or for purchase. Subscriptions are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOS. 

As part of the registration for your Subscription, you will be asked to create a password if you choose to want to log in to your Account. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties and adheres to the requirements presented to you upon signing up. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your Account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your Account credentials or any other breach of security regarding your Account. 

If you are a Logged-in User, it is strongly suggested that you log out of your Account at the end of every session, or not leave a logged-in Account unattended for any period of time. darcy and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account credentials and accessing your Account through any means, and disclaims any responsibility in this regard. 

darcy reserves the right to suspend or terminate your Subscription, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOS, as more fully described hereinbelow.

b. Age Requirements
‍If you are purchasing a Subscription in the Services, you affirm that you are at least eighteen (18) years of age or over, or the age of majority in the jurisdiction you reside and from which you access the Services where the age of majority is greater than eighteen (18) years of age. 

c. Subscriptions Levels
‍Subscriptions are available at various levels which are listed on the pricing page of the Website. The benefits and restrictions of each Subscription level including the number of Asks, the number of email addresses and phone numbers from which you can submit an Ask, and support options available with each level are available on the pricing page of the Website, along with the “Subscription Fees” payable for each level of e the “Paid Subscriptions”. 

d. Subscription Information or Alternative Third-Party Credentials
‍The information required to sign up for a Subscription is the following: your email address (in addition to the Billing Information listed further in these TOS, if paying for a Subscription). This information you submit as part of the sign-up process may be referred to in these TOS or the Privacy Policy as “Subscription Information”. You may also sign up for a Subscription by using valid login credentials for your existing Google or Microsoft account.

By submitting Subscription Information, you represent and warrant that the Subscription Information is true and accurate to the best of your knowledge, or that the Google or Microsoft account is your own. Submitting false or misleading Subscription Information or someone else’s Google or Microsoft credentials may result in you being banned from using the Services, at our sole discretion.

e. Additional Users on your Subscription
‍Some Subscription levels may allow for multiple email addresses and phone numbers. These email addresses and phone numbers may belong to you or other individuals (“Additional Users”). In the event you assign emails and / or phone numbers to Additional Users, you acknowledge and agree that: (i) those Additional Users have granted you permission to add them; and (ii) you shall be responsible for any damages, pecuniary or otherwise, resulting from any negligent use or misuse of the Application by such Additional Users. 

5. Subscription Fees and Payment Processing

a. Payment of Subscription Fees, Automatic Renewal & RefundsThe amount of the monthly or annual Subscription Fees for each level of Paid Subscriptions are available on the pricing page of the Website. The Subscription Fees are firm and in the currency presented to you upon signing up, which may be converted to other currencies upon payment depending on your location and / or credit card agreement. By signing up for a Subscription and clicking on the “Submit” button on the payment page, you agree to pay the Subscription Fees presented to you upon signing up, plus any applicable taxes.

You will be charged the Subscription Fees on the day you sign up for your paid Subscription (the “Initial Billing Date”). The Subscription Fees shall subsequently be charged on the monthly or annual anniversary (depending on your chosen preference or current availability) of the Initial Billing Date. The monthly or annual payment period of your Subscription shall be referred to in these TOS as the “Billing Period”. 

YOUR SUBSCRIPTION AUTOMATICALLY RENEWS AT THE END OF EVERY BILLING PERIOD. If you wish to cancel your Subscription and avoid paying the Subscription Fees for the next Billing Period, you must do so prior to the end of the current Billing Period, no later than 24 hours prior to the end of the Billing Period, so that your credit card will not be charged again. You can cancel your Subscription and avoid paying the Subscription Fees by accessing the Subscription information section in your Account when you are a Logged-in User, or by sending a cancel email to support@darcysecurity.com. 
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If you cancel your Subscription prior to the end of the Billing Period, you shall not be entitled to any refund of any Subscription Fees already paid for that Billing Period, except as described in the 30-Day Guarantee section below. 
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b. Billing Information and Payment Processing
‍In order to pay your Subscription Fees through the Services, you will be required to enter your credit card number, credit card expiry date, card security code (CVV), and billing address . This may be referred to in these TOS or the Privacy Policy as “Billing Information”.
 
All Subscription Fees payments are made using a secure https:// connection, and payment processing is handled through the “Third-Party Payment Processors” Stripe and PayPal though this is subject to change without notice. The Third-Party Payment Processors currently accept certain credit cards as payment options but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processors, they are processed in accordance with their program rules and procedures and Terms of Use. darcy and the Third-Party Payment Processors are unaffiliated companies and darcy has no influence on the operations of the Third-Party Payment Processors. darcy and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of a Third-Party Payment Processor. 
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All Billing Information is collected by the Third-Party Payment Processors, on their own secured servers. darcy does not have access to any credit card information (number, expiry date and CVV), nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processors. Non-financial information and your billing address will, however, be shared with darcy for record-keeping purposes as well as other purposes as described in our Privacy Policy.

c. 30-Day Guarantee
‍If you are unsatisfied in any way during the first 30 days of your Subscription, or for any reason whatsoever you do not want to continue your Subscription after the first 30 days, please email support@darcysecurity.com within the first 30 days from the Initial Billing Date and we will refund the entirety of the Subscription Fees you have already paid, no questions asked. Refunds shall be issued to the same credit card you used to pay the Subscription Fees, or other method if necessary. 

6. Disclaimer Regarding the Application
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The Application makes use of certain third-party Artificial Intelligence (AI) and Large Language Model (LLM) systems (collectively, the “Third-Party AI”), in order to respond to your Ask to give you a “Determination” whether your Ask is safe or a potential scam. While darcy is confident in its Application and the Third-Party AI, the nature of this type of service and the use of the Third-Party AI means that the Determination cannot in any way be guaranteed. You should always use the Determination as one tool of many to identify potential scams. 
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Without limiting the generality of the Disclaimer of Warranties further in these TOS, darcy and / or its Representatives shall not be responsible for any losses or damages, pecuniary or otherwise, to you resulting from your reliance upon any Determination provided to your Ask, and darcy disclaims any responsibility thereto.
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7. Proprietary Rights

a. Intellectual Property Rights 
‍You acknowledge that: (i) the Services contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (ii) darcy and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented or accessed through the Services, including without limitation all Intellectual Property Rights therein and thereto.  All rights not specifically granted under these TOS are reserved to darcy and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not. 
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You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the  Services, or content that may be presented or accessed through the Services for any purpose, unless otherwise permitted by these TOS or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alter darcy’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
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The content, arrangement and layout of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to darcy, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of darcy, or as permitted by the functionality of the Services or these TOS.  Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found in the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and darcy may take action accordingly.The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code.  For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.
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‍b. Submitted Information
‍If you choose to communicate to darcy (via any means) suggestions for improvements to the Services or any idea or proposal related to darcy or its businesses or properties (collectively, “Feedback”), darcy shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to darcy and waive in favor of darcy, its successors and assigns all your moral rights in the Feedback; and agree to provide darcy such assistance as darcy may require to document, perfect, and maintain darcy’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to darcy, you are not entitled to any compensation or reimbursement of any kind from darcy under any circumstances.

‍8. External Links

From time to time darcy may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOS. When you access third party resources on the Internet in this manner, you do so at your own risk. darcy provides those links as a convenience to you and darcy takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use / Terms or Service and / or Privacy Policy of any website or service you visit. darcy does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites or the third parties operating those websites.
 
In no way will darcy be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) arising from your use of websites or other services that may be linked to from the Services or the information thereon; (2) arising from any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) arising from the actions of the operators of any such website or service.

9. Interruption of Services

‍From time to time, the Services may be unavailable for periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, darcy shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto. 

‍10. Termination of the Services or Your Access to the Services and the TOS

You agree that darcy, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your Account credentials, or otherwise terminate your access to or use of the Services (or any portion thereof), immediately and without notice, if darcy believes that you have acted inconsistently with the letter or spirit of the TOS or the Privacy Policy. 
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You may also end your access to the Services by canceling your Subscription using the function available in the Subscription management section of your Account when you are a Logged-in User, or by sending a cancel email to support@darcysecurity.com. 
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darcy may also, in their sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that darcy shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from darcy’s termination of the Services or any part thereof.
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Termination of the Services or your access to the Services shall terminate the present TOS as between you and darcy. All provisions of these TOS which by their nature should survive termination of these TOS shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

‍11. Disclaimer of Warranties

‍You expressly understand and agree that your use of the Services, the information thereon (whether provided by darcy or third parties) or any activity arising from your use of the Services or the information thereon or the information downloaded therefrom is at your sole risk. The Services, any information downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any information obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from your use of the Services, the information thereon, any information downloaded therefrom, or any activity arising from the use of the Services, including but not limited to your reliance on any Determination. 

The information or resources provided through the Services, written or produced by darcy staff, freelance writers or other subcontractors hired by darcy are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. darcy shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Services or the information thereon, or your reliance on such information whether the information is correct or not. 

darcy expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any information downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. darcy, its affiliates and their respective Representatives, do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by darcy or third parties) available on or through the Services are free of viruses or other harmful components; (iv) functionalities of the Services will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Services or any activity arising therefrom (including but not limited to your reliance on any Determination), or any content downloaded therefrom will meet your requirements, whether business needs or otherwise.

To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Services, or any other websites to which we link, and all operations on or through the Services are warranted only to the minimum amount legally required.

12. Limitation of Liability

In no case will darcy or its Representatives be liable for any indirect, special, consequential, exemplary, punitive damages or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Services, or (ii) the interruption, suspension or termination of any part of or all the Services; and in both cases (i) and (ii) regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOS, in no event will our aggregate liability for any claims in connection with your use of the Services exceed the amount of $100 or the Subscription Fees paid in the previous 12 months, whichever is greater. 
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You expressly understand and agree that darcy or its Representatives shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under legal or equitable theory, relating to the Services, the information on the Services, your use of the Services, activities arising from your use of the Services (including but not limited to your reliance on any Determination), any third party materials on the Services, or any materials downloaded from the Services. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by darcy or its Representatives; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
 
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
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13. Indemnity

Notwithstanding any other term of the TOS or any act or failure to act by darcy or its Representatives, you agree to indemnify, defend and hold harmless darcy and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), from any third-party claims or demands, arising out of: (i) your use of or connection to the Services, the information thereon or the information downloaded therefrom; (ii) your participation in any activities arising from the Services (including but not limited to your reliance on any Determination) or the information thereon or downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOS or the Privacy Policy; or (iv) your violation of any rights of a third party. 

14. Governing Law and Applicable Jurisdiction

These TOS and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and darcy shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. 
Notwithstanding the foregoing, darcy shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

15. Miscellaneous Provisions
(i) The TOS, in conjunction with the Privacy Policy, constitutes the entire agreement between you and darcy with respect to your use of the Services, superseding any prior agreements between you and darcy. 
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(ii) darcy shall not be liable for any failure to perform its obligations under the present TOS where such failure results from any cause beyond darcy’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
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(iii) If any provision of the TOS or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and darcy nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS or Privacy Policy, as the case may be, shall remain in full force and effect.

(iv) The failure of darcy to exercise or enforce any right or provision of these TOS does not constitute a waiver of such right or provision, which will still be available to darcy.

(v) The section titles in the TOS and Privacy Policy are for convenience only and have no legal or contractual effect. 
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(vi) The parties acknowledge and agree that if you are a Quebec resident: (a) you were first presented the French version of the TOS; (b) after being presented the French version of the TOS you have voluntarily chosen to be bound by the English version of the TOS; and (c) in those circumstances, darcy also agrees to be bound by the English version of the TOS. If you are not in Quebec, you agree to be bound by the English version of the TOS. Les parties reconnaissent et conviennent que si vous résidez au Québec : (a) la version française des Conditions de service vous a d'abord été présentée ; (b) après avoir reçu la version française des Conditions de service, vous avez volontairement choisi d'être lié par la version anglaise des Conditions de service ; et (c) dans ces circonstances, darcy accepte également d'être liée par la version anglaise des Conditions de service. Si vous n'êtes pas au Québec, vous acceptez d'être lié par la version anglaise des Conditions de service.
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© FixMeStick Technologies Inc. 2024