Introduction

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Cyder Inc. (“our”, “we”, “us”, or “Cyder”) provides this website, our web application, and our browser plugin (collectively, the “Services”) subject to your (“you”, or as applicable “your”, or "user") agreement to, and compliance with, these Terms and Conditions (the “Agreement”). This Agreement, as well as our Privacy Policy, sets the legally binding framework governing your use of the Services. By using the Services, or otherwise entering into this Agreement, you are creating a binding contract with us. Any undefined terms found in this document may be referenced with the Privacy Policy. If you do not agree to this Agreement, then you may not use the Services.

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Accepting the Terms

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PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SITE, APP, OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE, APP OR THE SERVICES.

 

You may not use the Site App or the Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with Cyder or (b) you are prohibited by law from receiving or using the Services.

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These Terms of Service are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms of Service. To the extent any translated versions of these Terms of Service conflict with the English language version, the English language version of these Terms shall control. If you reside outside of the Province of Quebec: Cyder may modify any aspect of these Terms of Service from time to time. Any and all changes to these Terms of Service will be posted on this site. The Terms of Service will always indicate the date it was last revised. When you use the Services after those changes are posted, you are deemed to have accepted the new Terms of Service and agree to be bound by any changes to the Terms of Service.

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If you reside in the Province of Quebec:

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• You agree that Cyder has the right, upon at least 30 days’ notice before any amendment comes into force, to amend any aspect of the Terms of Use by sending a notice setting out (i) exclusively the new clause(s), or the amended clause(s) and the clause(s) as they formerly read, and (ii) the date of the coming into force of the amendment. If a proposed amendment entails an increase in your obligations or a reduction in Cyder’s obligations, you may refuse the proposed amendment and cancel this agreement without cost, penalty, or cancellation indemnity by sending Cyder a notice about the termination of their participation no later than 30 days after the amendment comes into force.

• The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.

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Description of the Services

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Cyder is a browser extension and rewards platform designed to help users control and monetize their data. With Cyder, users can choose to share their data with partner companies and, in return, receive Cyder tokens or rewards. As users browse or interact with Cyder Services on their desktop browsers, they earn rewards for their everyday online activities. These rewards can then be redeemed for gift cards, making everyday browsing a rewarding experience. The data is then used to help organizations understand when these users are in the market for specific products. ​​

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Storage and Use of Data

If you elect to create a Cyder account, then you consent to allow us to securely store, anonymize, analyze, process, and aggregate the data that you provide to us through the Platform solely for the purposes of providing you the Services, including (i) the ability to review and correct the accuracy of your data; (ii) to draw relevant analytics and insights from your data; (iii) to download, export and or delete a copy of such data; or (iv) to license your data, in the form of insights, with participating businesses.

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Royalties and Rewards

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Where you elect to license your data or take other paid actions in exchange for a monetary reward, you agree that Cyder may represent this value in an account assigned to you, until such time as you are able to receive such funds as they become available. You agree and understand that to receive the value represented in your account, your account balance must meet a minimum value threshold and that you may be rewarded in credits, points, or other non-monetary means. Cyder preserves the right to modify the required minimum directly within the Platform at any time without prior notice. You understand that if you delete your data, close your account, or commit an action that enables Cyder to rightfully close your account, these outstanding balances are lost. Cyder maintains the right to alter the issuance of rewards to fit market data rates. There will be times when the frequency and number of rewards are altered.

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To begin earning Cyder rewards, you must download the extension on your browser and follow the enrollment instructions, including signing up using a valid email address. Only individuals who are residents of the United States and Canada (the “Territories”), who are at least 18 years old, and who provide valid and accurate personal information when enrolling are eligible to earn rewards. Corporations and other entities are not eligible. Individuals under the age of 18 are not eligible. Cyder rewards are not available to residents outside of the Territories.

 

By using Cyder’s Services, you will have the opportunity to earn Cyder rewards based on the action of browsing on your desktop browser, answering survey questions, and participating in specialized Cyder promotions (such as a potential sign-up bonus). Cyder reserves the right to change the number and actions through rewards are provided. Rewards are not transferable. Different accounts cannot be combined, and no joint accounts are permitted. Rewards, user accounts, and benefits are non-transferable.

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Rewards will only be issued for bona-fide legitimate users. Unless otherwise expressly stated. You may not set up multiple accounts for yourself, your family members, and other affiliates, impersonate or use another person’s account, or use any manual or automated means (such as for example, a macro, script, ‘bot, use of a ‘click farm’, etc.), or engage in any other behavior or use of our products that is inconsistent with their normal and intended use, to circumvent these restrictions. If we or a merchant determine that you attempted to earn rewards using such methods or any other fraudulent or deceptive means, we reserve the right to cancel all of your rewards, terminate your user account, and/or report you to the authorities. We reserve the right to investigate any activity that we believe, in our sole discretion, is abusing or has abused any Cyder redemption, reward, or other promotion that we or any third party may provide through us.

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We do not warrant the accuracy or timeliness of the information displayed via the Site, App, or the Services. Descriptions of Cyder redemptions may include inaccuracies or typographical or other errors. You agree that neither we nor the merchant/partner(s) are responsible for such errors and that both we and the merchant reserve the right to correct them when they are discovered.

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Rewards Qualifying Activity 

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Cyder needs to protect the program for all users by ensuring that rewards are earned for legitimate consumer browsing and activity. Cyder users are only permitted to earn rewards with Cyder in connection with regular sign-up bonuses, pre-determined points over time, online browsing, tutorials, completing surveys, opting to share data with Cyder partners/clients, and engaging in Cyder-sanctioned point collections. Cyder maintains the right to decide and change the number of rewards issued for any given qualifying activity. Not all qualifying activities may result in receiving rewards and are subject to promotions and offers Cyder provides specific users at a given time. 

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Cyder users are limited to an undisclosed daily maximum number of rewards to prevent fraud. Cyder maintains the right to review the accrual of rewards and to determine, in Cyder’s absolute discretion, if certain browsing or actions qualify for Cyder rewards and redemption. Certain browsing including, but not limited to, repeat similar domain URL hits, and bot-like browsing behavior, may not, at Cyder’s absolute discretion, be considered Qualifying browse and may be ineligible for Cyder rewards. Cyder may reverse point accruals that have already been processed if an action is deemed by Cyder, upon review, to not constitute a Qualifying action. Cyder may also disable accounts that engage in repeated non-qualifying activity.

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Without limiting any of the other terms of this Agreement, if you return, charge back, cancel, dispute, or otherwise request a refund for a Qualifying Activity for which you have already received rewards, we will reduce the balance of rewards in your account by the number of rewards you received for such activity. If the balance of rewards in your account is less than the number of rewards you received for such activity, we will offset the applicable number of rewards from the rewards you would otherwise receive for future qualifying actions. It is your responsibility to check your account regularly to ensure that rewards have been properly credited and that your account balance is accurate. Should you disagree with any adjustments made to your account, your sole remedy is to cease the use of the Site, App, and the Services.

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Redemption of Cyder Rewards

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Cyder rewards are valid and redeemable via the extension. Cyder rewards have no cash, monetary, or other value and cannot be converted into any currency. Cyder rewards may be redeemed for gift cards that we make available, and that may change, from time to time. The representative value of Cyder rewards will be applied against the pre-tax purchase amount (i.e., excluding taxes, fees, and shipping and handling charges). The maximum amount of Cyder rewards that can be redeemed in a week is 100,000.

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Cyder rewards are not transferable and may not be combined with other promotions or other discounts. The number of rewards recorded in your account and the number of rewards required to obtain any reward are subject to verification by us. Once a reward has been requested or redeemed by a user, no changes, refunds, or returns of rewards are permitted for any reason. Cyder is not responsible for lost or stolen rewards. All rewards are offered subject to availability and restrictions imposed by the reward suppliers. We assume no responsibility for any loss, damage, defect, injury, death, or expense relating to any reward or rewards processing or shipment, or for your rewards not turning out as you expected for whatever reason. If any Cyder rewards are believed to have been sold, exchanged, or obtained fraudulently, or issued to someone other than the registered user of the applicable account, those rewards will be void and will not be honored.

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You can check your Cyder rewards balance by looking at the Cyder Dashboard on the Cyder extension or on the extension itself. A valid Cyder account is required to check your rewards balance. Cyder will attempt to credit accounts with rewards on a timely basis. Any claim for rewards not credited accurately must be received by Cyder within 30 days of the date on which the user claims the rewards should have been accrued. Cyder will have no liability for any failure, delay, or error in crediting rewards to your account.

Gift card redemptions may be issued through our third-party vendor Branded Currency Rewards. By using Cyder you agree to Branded Currency Rewards terms. https://brandedcurrencyrewards.com/info/client-terms. 

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Expiration, Inactivity & Cancellation of Rewards

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Cyder is free to use, however, we do deduct rewards for inactive accounts. An account is considered to be “inactive” if you do not open the Cyder extension or browse on their Cyder-linked browser (while logged in to Cyder) during a thirty (30) day period. All inactive accounts will also no longer earn rewards. If the account remains inactive for an additional six (6) months, Cyder has the right to deactivate/delete your account. Deleted accounts will lose all access to rewards the user may have earned. Inactive/Deleted Account Deductions are nonrefundable. 

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If your account is terminated or disabled for any reason, including but not limited, to multiple attempts at non-qualifying Activity or other fraudulent activity, then your existing Cyder rewards will be forfeited and any further activities that might otherwise earn you Cyder rewards will not be deemed to be applicable.

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You may cancel your account and participation in the rewards program by contacting Cyder at getcyder@gmail.com with such a request. All unredeemed rewards will be forfeited immediately upon cancellation and may not be reinstated or transferred.

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Cyder may cancel your accumulated rewards, suspend your benefits, or cancel your account at any time with immediate effect and without written notice, for any reason and in Cyder’s sole discretion, including in instances where Cyder believes that you have (i) acted in a manner inconsistent with applicable laws or regulations (ii) acted in an inappropriate, fraudulent, abusive, or hostile manner, (iii) breached or violated any of these Terms of Service, or (iv) engaged in any misconduct or wrongdoing in connection with the Site, extension or Services. Nothing contained in these Terms of Service will limit Cyder in the exercise of any legal or equitable rights or remedies.

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Cyder rewards and other related benefits and services are the sole property of Cyder and are not the property of the users. Rewards have no cash value and Cyder will not compensate or pay cash, cash equivalent, or credit for any forfeited or unused rewards.

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Whether you may re-enroll in the Services after termination is at Cyder’s sole discretion. In any event, previously earned rewards that were forfeited will not be credited to you.

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Modification and Termination of the Rewards Program and Benefits

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Cyder may change or terminate the rewards program, associated rewards, or other rewards and benefits at any time, for any reason, and without notice. Cyder may make changes that affect, without limitation, processes, benefits, levels, rules for earning and redeeming rewards, point redemption levels, rules for the use of rewards, availability of rewards, reward types, availability of Cyder rewards, and participation in the rewards program and program benefits.

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In the event of terminating the rewards program, Cyder will attempt to provide one-week advance notice to all active users. At Cyder’s sole discretion, Cyder may choose to substitute a similar rewards program at any time immediately upon notice to active users. A user may not accumulate or redeem rewards or any other benefits after the termination of the program. If the program is terminated, upon termination, all unredeemed rewards will be forfeited without any obligation or liability, and rewards claims will no longer be honored. Cyder may terminate the program in whole or in part, in any jurisdiction, on less than one week’s notice if required to do so by applicable law, as determined by Cyder in its reasonable discretion.

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All rewards program benefits, offers, rewards, and services are subject to availability and may be changed at any time without notice. By accepting rewards program benefits, offers, rewards, and services, including rewards, each user acknowledges that he or she is responsible for determining whether he or she is eligible to receive the benefits, offers, rewards, or services (including rewards) under applicable laws, gift policies, and incentive policies. At any time and in Cyder’s sole discretion (including where a user was not eligible to earn certain rewards according to these Terms of Service), Cyder may correct the number of rewards shown as credited to a user’s account.

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Data Ownership

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You own all data collected, stored, and shared through the Platform and you can manage your data through your personal dashboard. You choose what data you share within the Cyder Platform. You give Cyder an unlimited, royalty-free, and worldwide license to re-license your data with your consent and to use it to train our algorithms for the purpose of giving you the best service you possibly can and to increase the value of your data.

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Your Registration Information

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In order to use the Services, you will need to sign up for an account with Cyder by providing your email address (“UserID ”) and other requested information. Once you submit the required registration information, we alone will determine whether to approve your proposed account. We may use the information you provide to verify your identity when you contact us. You authorize us to make any inquiries we consider necessary to validate your identity. If you do not provide the requested information or Cyder cannot verify your identity, we may refuse to allow you to use the Services. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes.

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You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your UserID , allows you to access the Site, Extension and Services. That UserID  and password, together with any mobile number or other information you provide form your “Registration Information.”

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By using the Site, Extension, and/or Services, you agree to receive all required notices electronically, either through the Services by displaying links to notices or via notices sent to your UserID. It is your responsibility to update or change your UserID , as Extension. Email notices will be provided in HTML (or, if your system does not support HTML, in plain text) in the text of the e-mail or through a link to the Extension appropriate page on our site, accessible through any standard, commercially available internet browser. These electronic communications may include notices about Extension licable fees and charges, transactional information, and other information concerning or related to the Site, Extension or Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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You are responsible for complying with these Terms of Service when you access and use the Site, Extension and Services. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use the Services as well as to pay any related charges. It is also your responsibility to maintain the confidentiality of your account. If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Cyder immediately at the email address getcyder@gmail.com  In addition, if you believe that your Registration or Account Information or device that you use to access the Services has been lost or stolen, that someone is using your account without your permission has occurred, you must notify Cyder immediately in order to minimize possible losses.

 

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Your Use of the Services

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Your right to access and use the Site, Extension, and Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Site, Extension and Services for lawful purposes. You must provide true, accurate, current and complete information about your accounts maintained at other websites, as requested in our “link account” setup forms, and you may not misrepresent your Registration and Account Information. If you do not do this, the accuracy and effectiveness of the Services will be affected and you may not be able to use the Services. You represent that you are a legal owner of and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

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Your access and use of Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services, or other actions that Cyder, in its sole discretion, may elect to take. In no event will Cyder be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.

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Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Cyder to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.

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From time to time, Cyder  may include new and/or updated pre-release features and trial use (“Preview” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Preview features is voluntary and Cyder is not obligated to provide you with any Preview features or to incorporate any Preview features into future general releases. Furthermore, if you decide to use the Preview features you agree to abide by any rules or restrictions Cyder  may place on them. You understand that once you use the Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Preview feature back to the earlier version. The Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Preview features is at your sole risk.

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Services

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Use of Services

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You must be at least eighteen (18) years old to use the Services. By using the Services, you represent that you meet this minimum age requirement. Cyder does not knowingly collect personally identifiable information of individuals under the age of eighteen (18) years old. If we discover that an individual under the age of eighteen (18) has provided personally identifiable information to us, we will make efforts to delete the individual’s information, along with the entire account in accordance with any applicable regulations.

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Some or all of the Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend or eliminate these eligibility requirements at any time.

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Permission to Use Services

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Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable license to use our Services for personal use and not for commercial resale or further distribution. Except for your pre-existing rights and this license granted to you, we retain all rights, titles, and interests in and to our Services, including all related intellectual property rights. Our Services are protected by applicable intellectual property laws, including Canadian copyright law and international treaties. By using our Services, you accept not to authorize any third party to (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of any of our Services or any such actions; (ii) rent, lease, or sublicense access to any of our Services; or (iii) circumvent or disable any security or technological features or measures of our Services.

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Registration and Use Obligations

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In consideration of your use of the Services, you agree to (i) provide true, accurate, current, and complete information about yourself as may be prompted by the Service; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your account.

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Privacy

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Privacy and security are built into the Cyder Platform and business practices. We will not disclose any data you store within the Platform to anyone unless you direct us to do so. While using the Services, you may be asked to provide certain information to us, such as a username or email address at registration. This Agreement and our Privacy Policy shall govern the use of any such information. You agree that you are solely responsible for the accuracy and content of such information, including keeping your email address updated, which is the only way we can reach you about your account, new features, offerings and partnerships, and other important announcements.

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Third-Party Platforms

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Cyder allows you to collect your data residing on certain Third-Party Platforms for use on the Cyder Platform when you link them to the Cyder network.

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Access to Our Services​

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Modification and Discontinuance of Our Services

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We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of all or any portion of our Services. We also reserve the right, in our sole discretion, to reject or remove any data that you import, share, or utilize, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability. This means you can lose any earnings or data you may accrue within your Cyder account.

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Restrictions

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You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as we may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the Service software, or compile or collect any Service content provided to you as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services, or to store, copy, modify, distribute, or resell any parts of the Service; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service content.

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Restricted Areas

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Certain parts of our Services, including account management features, may be password-restricted (“Password-Protected Areas”) to registered users or other authorized persons. If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you. We cannot and will not be liable for any loss or damage arising from your failure to comply with this.

 

Intellectual Property

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Cyder, the Cyder logo, and any other product or service name or slogan displayed on our Services are the intellectual property of Cyder Inc. and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cyder Inc. In addition, the look and feel of our Services, including all page headers, graphics, button icons, and scripts, is the service mark, trademark, trade dress, and or copyrighted material owned by Cyder, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Reference to any products, Services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

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Intellectual Property Policy

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All Cyder intellectual property is protected under Canadian intellectual property laws and all applicable international intellectual property laws. If you believe in good faith that any material posted on our Services infringes your intellectual property rights, please contact us by email at getcyder@gmail.com, with the subject line, “Alleged Infringement”.  In your email, please include the following information:

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1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the intellectual property that is allegedly infringed;

2. Identification of the intellectual property claimed to have been infringed;

3. Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;

4. Information reasonably sufficient to permit us to contact you;

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

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Feedback

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We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant and assign to us a perpetual, worldwide, fully transferable, sublicensable, fully paid-up, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose, within any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

 

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General

 

1. If any provision of this Agreement is found for any reason to be unlawful, void, or unenforceable, then that provision will be given its maximum enforceable effect or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

2. If we update this Agreement, and you are made reasonably aware of the update, your continued use of the Services after the update, or other agreement to the updated terms, shall constitute an agreement to the updated terms.

3. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Services.

4. We may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent, and any unauthorized assignment by you shall be null and void.

5. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.

6. All notices given by you or required under this Agreement shall be in writing and addressed to getcyder@gmail.com.

 

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Disclaimers

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1. We cannot guarantee the Services will be running perfectly 100% of the time. We will address bugs and flaws as quickly as possible to optimize your experience. If our Service contains an inaccuracy or error, we reserve the right to correct any such errors and to change/update information at any time without prior notice.

2. Our Service is designed to make inferences about you, your preferences, likes, and dislikes. Such assumptions may not always be accurate, and result in receiving communications that do not necessarily reflect your personal preferences.

3. Security Measures - Cyder has established and implemented policies, programs, and procedures that are commercially reasonable/in SOC 2 compliance with applicable Laws, industry practices/necessary and appropriate, including administrative, technical, and physical safeguards to protect the confidentiality, integrity, and security of personal information in its possession, custody, or control against unauthorized access, use, modification, disclosure, or other misuse.

4. In the event of any data breach or loss thereof, we will use our best efforts to remediate any breach and or restore lost data but cannot guarantee that our Service is 100% fail-safe from being hacked or impacted by other third parties or Acts of God beyond our control.

 

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Warranties

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1. You agree and acknowledge that we provide our Services on an as-is-basis and without any warranty or condition, express, implied, or statutory. We, our parents, subsidiaries, officers, directors, shareholders, members, managers, employees, advisors, and suppliers, specifically disclaim any implied warranties of title, accuracy, suitability, applicability, merchantability, performance, fitness for a particular purpose, non-infringement, or any other warranties of any kind relating to the Services.

2. You further agree and acknowledge that the Platform is not intended or suitable for use in situations or environments where the failure or time delays, or errors or inaccuracies in the content, data or information provided by the Platform could lead to death, personal injury or severe physical, economical, or environmental damage.

3. You further agree and acknowledge that no oral or written information or advice given by Cyder or a Cyder authorized representative shall create a warranty.

 

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Limitations of Liability

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We, our suppliers, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenue, credits, earnings, profits, goodwill, use, data, privacy, or other intangible losses (even if we have been advised of the possibility of these damages), resulting from your use of our Services. Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the Services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the amounts, if any, the greater of the amount which (a) you have paid to us for your use of the Services and for the twelve (12) month period prior to the claim; or (b) you have received (earned) from your use of the Services during the same period.

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Indemnification

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You agree to defend, indemnify and hold us and our suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees, and agents harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses, including, but not limited to, reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of, or based on (a) your use of the Services; (b) your violation of the Agreement; and/or (c) any conduct, activity or action, which is unlawful or illegal under any province or territory, federal, or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Services.

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Cancellation and Termination

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Cancellation: You can cancel your account and download and delete your data on the Platform at any time.

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Ending your Relationship with Cyder

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This Agreement will continue to apply until terminated by either you or Cyder as set out below. If you want to terminate your legal agreement with Cyder, you may do so as follows:

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To close your account for Cyder, please email getcyder@gmail.com. Once your account has been deleted, your Cyder rewards balance will be forfeited and will no longer be accessible.

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Cyder may at any time, terminate its legal agreement with you and access to the Services:

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• If you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);

• If Cyder  in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or

• For any reason and at any time with notice to you.

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You acknowledge and agree that Cyder may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Cyder shall not be liable to you or any third party for any termination of your access to the Services.

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Termination

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This License is effective until terminated. Cyder may also suspend or terminate your account if you violate this Agreement and in which case you may lose all data and/or earnings accrued therein. Upon termination of this License, you shall immediately cease all use of the Platform.

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Legal

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Dispute Resolution

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1. You agree that any claim or dispute you have arising out of or relating in any way to the Services will be resolved solely and exclusively by binding arbitration, rather than in court. The Laws of the Province of Ontario shall govern this Agreement and shall be used in any arbitration proceeding.

2. To begin an arbitration proceeding, you must send a written-letter requesting arbitration and describing your claim addressed to 64 Niagara Street, Toronto, Ontario, M5V 1C5.

3. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you agree that parties have each waived any right to a jury trial.

4. To the extent that arbitration is not permitted, you agree that any dispute arising out of or relating to the Services, or to Cyder, may only be brought by you in a court located in the province of Ontario.

5. Notwithstanding the foregoing, you agree that Cyder may commence an action or application against you for any potential claim or dispute, including potential infringement or other misuses of our intellectual property or other proprietary rights.

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ARBITRATION; CLASS ACTION WAIVER

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Please Read This Provision Carefully. It Affects Your Legal Rights.

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This Arbitration; Class Action Waiver provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based on contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Cyder . Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms of Service constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). BOTH YOU AND CYDER  AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

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Class Action Waiver

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Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not Extension ly to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

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Jury Waiver

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You understand and agree that by accepting this Provision in these Terms of Service, you and Cyder  are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both Extension eal and certain types of discovery) may be more limited or may also be waived.

 

Severability

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If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

 

Continuation

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This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Services. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.

 

Complete Agreement

This Agreement includes all exhibits, attachments, and documents incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the Agreement between Cyder and our users, and supersedes all prior representations, understandings and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other terms or conditions. Cyder waiver of user's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver for any future performance of such term(s) or conditions(s).

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Security Measures.

Cyder has established and implemented policies, programs, and procedures that are commercially reasonable/in [material] compliance with applicable Laws, industry practices/necessary and appropriate][, including administrative, technical, and physical safeguards,] to protect the confidentiality, integrity, and security of personal information in its possession, custody, or control against unauthorized access, use, modification, disclosure, or other misuse.

Data Security Breaches and Unauthorized Use. 

[To the Knowledge of Vendor/Vendor's Knowledge,] The [Business/Corporation] has not, in the past [three] ([3]) years,] experienced any loss, damage, or unauthorized access, disclosure, use, or breach of security of any personal information in the [Business's/Corporation's] possession, custody, or control, or otherwise held or processed on its behalf.

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Governing Language

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English is the governing language of this Agreement. Any translation of this Agreement is done for local requirements. In the event of a dispute between English and non-English versions of this Agreement, the English version of this Agreement shall govern.

 

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Contact Information

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If you have any questions or concerns about our Services or this Agreement, please email getcyder@gmail.com.