Terms of Use

1. Acceptance of Terms

By creating an account or otherwise using the Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms. These Terms apply to every person who accesses or uses the Services.

We may update these Terms from time to time as described in the “Changes to These Terms” section below. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.

2. Eligibility and Availability

To use the Services, you must:

• Be at least 18 years of age
• Be legally capable of entering into binding agreements under the laws of your jurisdiction
• Not be prohibited from using the Services under any applicable law or regulation

The Services relate to class action settlements administered in the United States and are directed to users in the United States, Canada, and Australia. We make no representation that the Services are appropriate or available for use in any other location, and access from other jurisdictions is not supported. The Collect applications are distributed through the Apple App Store and Google Play.

3. The Service

Collect is a settlement-discovery tool. The Services surface information about publicly available class action settlements and help you discover settlements you may qualify for, based on information you provide. Where a settlement interests you, Collect can take you to the settlement administrator's own website so that you can review and file a claim directly with that administrator.

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

4. Accounts and Security

Using the Services requires an account. You may create an account with an email address and password, or by using Sign in with Apple or Google. You agree to provide accurate information and to keep it current.

• You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account
• You agree to notify us promptly at collect@ferrixlabs.com if you suspect any unauthorized access to or use of your account
• You may not maintain more than one account, impersonate any person, or use another person's account without permission
• We may suspend or terminate your account if we detect abuse, fraud, submission of false information, or any violation of these Terms

To help protect your account, we may notify you by email when we detect a sign-in from a new device. How we use device information for this purpose is described in our Privacy Policy.

5. Subscriptions and Billing

The Services are offered on a freemium basis. Certain features require a paid subscription, offered as an auto-renewing subscription. The price and billing period of each option are displayed in the app before you purchase. Subscriptions are sold and processed exclusively through in-app purchase on the Apple App Store (on iOS) and Google Play (on Android). We do not sell subscriptions through our website, and we do not process or store your payment card details.

• Billing through the app stores. All payments are processed by Apple through your Apple Account or by Google through your Google Account, in accordance with that store's terms. Your subscription status is managed on our behalf by RevenueCat.
• Auto-renewal. Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the current period ends. Renewal is charged to your store account within 24 hours before the start of the next period.
• Free trials. Where a free trial is offered, your subscription converts to a paid subscription at the displayed rate unless you cancel before the trial ends. Any unused portion of a free trial is forfeited when you purchase a subscription.
• Cancellation. You can cancel at any time in your store account settings — on iOS, Settings > your name > Subscriptions; on Android, Google Play > Payments & subscriptions > Subscriptions. Cancellation takes effect at the end of the current billing period, and you keep your paid access until then. Deleting the app does not cancel a subscription.
• Refunds. Because subscriptions are billed by Apple or Google, refund requests are made to, and decided by, the applicable store under its own policies (for example, at reportaproblem.apple.com for Apple, or through Google Play). Except where required by applicable law, we cannot issue refunds for purchases made through the app stores. If you request a refund for an Apple purchase, Apple may ask us for limited information about your use of the app to evaluate your request, as described in our Privacy Policy.
• Price changes. We may change subscription pricing. For existing subscribers, price changes apply no earlier than the next billing period and are subject to any notice and consent process required by the applicable store and by law.
• Free-tier limits. Free access is subject to usage limits, which we may modify at any time at our discretion.

6. Acceptable Use

You agree to use the Services only for lawful, personal, non-commercial purposes, and you agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Submit, or use the Services to submit, information that you know to be false, misleading, or fraudulent (see also your certification duties in our Class Action Terms)
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services, except to the extent this restriction is prohibited by applicable law
• Modify, adapt, translate, or create derivative works based on the Services
• Use any automated system, bot, or scraper to access or interact with the Services, or interfere with, disrupt, or place an undue burden on the Services or their supporting infrastructure
• Attempt to circumvent any usage limit, security measure, device or app integrity check, or access control of the Services
• Remove, alter, or obscure any proprietary notice, or sublicense, sell, resell, transfer, or otherwise commercially exploit the Services

Violation of this section may result in immediate suspension or termination of your access to the Services without notice or refund.

7. Intellectual Property

The Services, including all software, designs, text, graphics, logos, icons, images, data compilations, and the selection and arrangement thereof, are the exclusive property of Ferrix Labs Inc. or its licensors and are protected by copyright, trademark, and other intellectual property laws. Settlement information surfaced through the Services is compiled from publicly available sources; our compilation, organization, and presentation of that information are protected, but we claim no ownership of the underlying public records.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the applications on a device that you own or control, solely for your personal, non-commercial use, as permitted by the applicable app store's usage rules. All rights not expressly granted are reserved by us.

“Collect,” the Collect logo, and all related names, logos, and designs are trademarks of Ferrix Labs Inc. You may not use these marks without our prior written permission.

8. Apple App Store Terms

The iOS application is distributed through the Apple App Store, and the following terms apply to your use of it:

• Relationship. These Terms are an agreement between you and Ferrix Labs Inc. only, not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the Services and their content.
• License. Your license to the app binary is additionally subject to Apple's Licensed Application End User License Agreement (the “Standard EULA”), which applies to App Store apps unless a custom license agreement is provided.
• Maintenance and support. Apple has no obligation to furnish any maintenance or support for the app. Support inquiries should be directed to us at the contact address below.
• Warranty. In the event of any failure of the app to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app (if any) to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app; any other claims are governed by these Terms.
• Claims. Apple is not responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to any legal or regulatory requirement, and consumer protection or similar claims.
• Intellectual property claims. In the event of a third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are responsible for the investigation, defense, settlement, and discharge of such claim to the extent required by these Terms.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the app, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

9. Google Play Terms

The Android application is distributed through Google Play, and the following terms apply to your use of it:

• Relationship. These Terms are an agreement between you and Ferrix Labs Inc. only. Google LLC (“Google”) is not a party to these Terms and is not responsible for the application or its content. We, not Google, are solely responsible for the Services.
• Google Play terms. Your acquisition and use of the Android application are also subject to the Google Play Terms of Service and Google's other applicable policies.
• Billing and refunds. Subscriptions purchased in the Android application are processed by Google through Google Play, and refunds are requested from and handled by Google under Google Play's policies.
• Maintenance and support. Google has no obligation to provide any maintenance or support for the application. Support inquiries should be directed to us at the contact address below.

10. Disclaimer of Warranties

Without limiting the foregoing, we do not warrant or represent that the Services will be uninterrupted, timely, secure, or error-free; that any results obtained through the Services will be accurate, reliable, or complete; that any defects will be corrected; or that the Services will be compatible with all devices, operating systems, or software versions. Any content or information obtained through the Services is accessed at your own risk.

Additional disclaimers specific to settlement discovery, eligibility, payout estimates, and claim outcomes are set out in our Class Action Terms. No advice or information, whether oral or written, obtained from us or through the Services, creates any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

To the maximum extent permitted by applicable law, our total cumulative liability for all claims arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the total amount you have paid to us, or through the app stores for the Services, in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) fifty United States dollars (US $50.00).

You acknowledge that the fees for the Services reflect this allocation of risk, and that these limitations form an essential basis of the bargain between us. The limitations in this section apply to the fullest extent permitted by law and notwithstanding any failure of essential purpose of any limited remedy. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, and nothing deprives you of any mandatory consumer protection rights under the laws of your jurisdiction of residence.

12. Indemnification

You agree to indemnify, defend, and hold harmless Ferrix Labs Inc. and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of or access to the Services
• Your violation of these Terms, our Class Action Terms, or our Privacy Policy
• Your violation of any applicable law or regulation, or of any rights of a third party
• Any claim you submit to a settlement administrator, including any statement, certification, or information you provide in connection with it

This indemnification obligation will survive the termination of these Terms and your use of the Services.

13. Dispute Resolution

Informal Resolution First

Most concerns can be resolved quickly by contacting us at collect@ferrixlabs.com. Before filing any claim against us, you agree to attempt to resolve the dispute informally by contacting us and giving us sixty (60) days to respond and attempt a resolution.

Courts

Subject to the informal-resolution requirement above, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Disputes”) shall be brought exclusively in the courts of the Province of Nova Scotia, Canada, and you and we each consent to the jurisdiction and venue of those courts. Notwithstanding the foregoing: (a) you may bring an individual claim in a small claims court of competent jurisdiction where you reside, where permitted by that court's rules; and (b) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Nothing in this section limits or deprives you of any mandatory consumer protection rights, remedies, or forum rights granted under the laws of your jurisdiction of residence to the extent those rights cannot lawfully be waived by contract.

14. Governing Law

These Terms and any Disputes shall be governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. Nothing in this section deprives you of any mandatory consumer protection rights granted under the laws of your jurisdiction of residence.

15. Termination

You may stop using the Services at any time by deleting the applications from your devices and, if you have an account, deleting your account and cancelling any active subscription through your store account (deleting the app does not cancel a subscription).

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including a breach of these Terms.

Upon termination, your right to use the Services ceases immediately. The sections titled Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, and General Provisions, together with our Class Action Terms, survive termination of these Terms.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Services, on our website, or by other means, and we will update the “Last Updated” date at the top of this page. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to discontinue your use of the Services.

17. General Provisions

• Entire agreement. These Terms, together with the Privacy Policy and the Class Action Terms, constitute the entire agreement between you and us regarding the Services and supersede all prior or contemporaneous agreements, understandings, and representations.
• Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions continue in full force and effect, and the invalid provision is modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
• Waiver. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective.
• Assignment. You may not assign or transfer these Terms or your rights or obligations without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. We are not liable for any failure or delay in performing our obligations where the failure or delay results from causes beyond our reasonable control.
• No third-party beneficiaries. Except as expressly provided in the Apple App Store Terms above with respect to Apple, these Terms do not create any third-party beneficiary rights.
• Electronic communications. By using the Services, you consent to receiving electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
• Headings. Section headings are for convenience only and have no legal or contractual effect.

18. Contact

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

Ferrix Labs Inc. (Canada)

Email: collect@ferrixlabs.com