These terms and conditions of use for https://firstin.app (the “Website”) and the First In mobile app (the “App”) constitute a legal agreement and are entered into by and between you (the “user”, “you,” and “your”) and First In Corp. (“First In”, “we”, “our”, and “us”).

The following terms and conditions, together with:

• the privacy policy (“Privacy Policy”) found at https://firstin.app/privacy which applies to the collection, use, and disclosure of your personal information by First In,

collectively, these “Terms and Conditions”), govern your access to and use of, including any content, functionality, and services offered on or through the App and the Website.

First In provides line skip/bypass services and user verification at participating venues and events (collectively, the “Services”).

Acceptance of the Terms and Conditions of Use

BY USING OUR APP AND WEBSITE, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, YOU ARE OF LEGAL AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE TO FORM A BINDING CONTRACT WITH FIRST IN, AND YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE PRIVACY POLICY, THEN YOU MUST NOT ACCESS OR USE THE APP, WEBSITE, OR THE SERVICES IT OFFERS.

First In’s Services and Role

What we do.

First In’s Services include line skip/bypass services and user verification at participating venues and events.

Through our Services you may be able to gain priority entry to participating venues and events.

How we fit in.

We are not (a) the organizer, host, creator, or owner of events or venues listed on our Website or App; or

(b) a general ticketing or registration platform; or (c) a promotor of events or venues listed on our Website or App.

Instead, First In provides line bypass services and verification to participating venues and events.

If a participating venue or event requires you to purchase an underlying paid ticket or registration fee, you must do so directly with the participating venues and events.

When hosting an event, the organizer, owner, host or creator of the participating event or venue is solely responsible for ensuring that their event and venue and any page displaying an event complies with any applicable laws, rules, and regulations, and that the goods and services described on the event page are delivered as described and in an accurate, satisfactory manner.

Your User Account and Access

The First In App and Website includes services that are available to registered users, including the ability to purchase passes to skip lines at participating bars and venues.

In order to access certain services, content, or areas of the App or Website, you may be required to register as a user.

Your user account is personal to you, and you may not sublicense, transfer, sell, or assign your account to any other person.

To open an account, you must complete the application process by providing First In with current, complete, and accurate information as prompted by the applicable application or enrollment form.

You must not impersonate any person or misrepresent your identity or affiliation with any person or entity, including any other person’s name, likeness, username, or other account information, and you may only open one account for your own use.

You are responsible for updating your information as necessary to remain complete and accurate.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity.

You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to the App, Website, or portions thereof using your username, password, or other security information.

You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

You also agree to ensure that you logout from your account at the end of each session.

You are responsible for any password misuse or any unauthorized access.

You may suspend or delete your account on our App or Website at any time.

However, you acknowledge that we may retain your profile information for our records in accordance with our Privacy Policy.

You are responsible for all mobile, cable, or other internet service provider charges incurred by you to access the App or Website and using the Services that we offer.

Online Purchases

Our App and Website allows you to purchase line passes for participating bars and venues.

All orders, purchases, or transactions made using the App and Website are subject to the Privacy Policy, also incorporated into these Terms and Conditions.

Purchases made through our App or Website may also be subject to additional terms and conditions set by our partnering bars and venues.

Please carefully review the terms of each line pass prior to purchasing.

Fees

First In offers paid Services for a fee.

Unless otherwise stated, fees are quoted in local currency. Fees may vary based on your location and other factors, and First In reserves the right to change any fees at any time at its sole discretion.

These fees may vary based on individual agreements between us and certain organizers and venues.

The fees charged to you may include other charges, including facility fees, transaction fees, commissions, royalties, taxes, processing fees, and fulfillment fees.

In addition, some fees are meant to defray costs incurred by us, but may in some cases include an element of profit and in some cases include an element of loss.

We do not control (and cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons.

Be sure to check with your bank or credit card company prior to purchasing to understand all applicable fees, credit card surcharges, and currency conversion rates.

Any change, update, or modification will be effective immediately upon posting through the relevant Services.

Refunds may be available for paid Services as described in our Refunds section below.

Payment Terms

You agree to pay the fees (including applicable transaction fees, payment processing fees, and commissions) and applicable taxes for First In’s Services that you purchase on our App, Website or through our partners, and you authorize us to charge your debit or credit card or process other means of payment (such direct debit, or mobile wallet) for those fees and taxes.

First In works with Stripe, a payment service provider, to offer you the most convenient payment method and to keep your payment information secure.

We may update your payment methods using information provided by our payment service providers.

Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method.

If your payment method fails and you still get access to our Services, you agree to pay us the corresponding fees within 30 days of notification from us.

We reserve the right to disable your access to our Website or App we have not received adequate payment.

Refunds

All line passes are non-refundable, and First In will not offer refunds or credits for any passes purchased by you.

Please review the terms of each line pass prior to purchasing.

Promotions and Discounts

We may offer promotions, discounts, coupon codes, and/or other offers that provide a benefit to you when entered upon checkout (collectively, “Promotions”).

Promotions cannot be applied to prior or completed transactions and must be provided at the time of purchase.

Promotions cannot be combined with other offers. Promotions may be discontinued or voided at any time in First In’s sole discretion.

Promotions that are expired or discontinued may not be used, even if they remain visible on the App or Website.

Promotions may be subject to additional terms and conditions.

Privacy

By submitting your personal information and using our App and Website, you consent to the collection, use, and disclosure of any such information we deem necessary for use of the App and Website and provision of Services, in compliance with our Privacy Policy https://firstin.app/privacy, also incorporated into these Terms and Conditions.

Intellectual Property

You understand and agree that the App and Website, and their entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by First In, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Content on the App and Website is provided to you “as is” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, modified, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of First In.

[“First In”], [■]. and all related names, logos, product and service names, designs, images, and slogans are trademarks of First In in Canada and/or other countries for which applications are pending.

You must not use such marks without the prior written permission of First In.

Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the App and Website are the trademarks of their respective owners.

Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the App and Website for your personal and non-commercial use.

Any use of the App and Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

User Feedback

We welcome feedback from our users about their experiences with us and our products and services.

If you submit feedback to us, you agree that we can use it without any restriction or compensation to you.

Any feedback you provide must be accurate and must not contain offensive, defamatory, or inappropriate language or content.

You grant us a perpetual, irrevocable, royalty free licence to use any content you upload or submit to our App or Website, including for promotion of our services and to make available to other users of our App or Website.

Tagged Social Media

From time to time, First In may use content you posted on social media channels (such as, by way of example, Instagram, LinkedIn, Facebook, X, TikTok, Snap, etc.), including photography, videos, captions, and or related content, when you tag us using relevant hashtags (# or @) (your "Social Media Content").

You acknowledge and agree that the your Social Media Content may be used in our marketing, advertising and social media channels, Services or other websites that we operate, control or partner with, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with your Social Media Content for identification, publicity related to the Services and similar promotional purposes, including after you terminate your account or your use of the App, Website, or Services.

You represent and warrant that posting and use of your Social Media Content, including to the extent such Social Medial Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights.

You represent and warrant that any statements or testimonials that are included in your Social Media Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences as it related to First In, App, Website and our Services.

Beta Services

From time-to-time, First In may make certain features and/or functionality of the Services available to you to try at its option at no additional charge and which are clearly designated as beta, pilot, limited release, non-production, early access, evaluation, labs or by a similar description (the “Beta Services”).

You may choose to try such Beta Services at its sole discretion.

These Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms that will be presented to the user.

Beta Services will not be provided to users unless the user expressly opts-in to use such services.

Conditions of Use and Site Content Standards

The following site content standards apply to any and all content, material, and information a user submits to the App or Website.

You warrant and agree that your use of the App or Website shall not:

• in any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy found at [https://firstin.app/privacy].
• in any manner violate the terms of use of any third-party website that is linked to the App or Website, including but not limited to, any third-party social media website.
• use any robot, spider, scraper, crawler, artificial intelligence, bot or other automated means to access our App, Website or Services for any purpose without First In’s prior express written permission.
• send through the App or Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise.
• include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit, violent, inflammatory, discriminatory, or otherwise objectionable, such determination to be made in First In’s sole discretion.
• involve, provide, or contribute any false, inaccurate, or misleading information.
• include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with these Conditions of Use and Site Content Standards.
• impersonate or attempt to impersonate First In, a First In employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
• encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the App or Website, or which, as determined by us, may harm First In or users of the App or Website or expose them to liability.
• use the App or Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
• promote any illegal activity, or advocate, promote, or assist any unlawful act.
• otherwise access or use the App, Website or Services beyond the scope of the authorizations expressly granted under the Terms and Conditions.

Any unauthorized or prohibited use of the App, Website, Services or First In’s or any related third-party intellectual property may subject you to civil liability and criminal prosecution under applicable provincial, territorial, state, and federal law.

Termination or Suspension

We may terminate your access to and use of the App, Website, Services and related services at our sole discretion, at any time and without notice to you.

If First In determines, in its sole discretion, that you are in violation of any provision of these Terms and Conditions, First In may suspend or terminate your use or access to the App, Website, and/or Services without the notice to you.

At all times, First In shall have the discretion to take such action as First In deems necessary, in its sole discretion, to preclude a violation, and First In shall not be liable for any damages of any nature suffered by you or a third party resulting from First In’s exercise of its rights under these Terms and Conditions.

As a condition of your access and use of the App or Website, you agree that you may use the App or Website only for lawful purposes and in accordance with these Terms and Conditions.

Users are prohibited from attempting to circumvent and from violating the security of the App or Website.

We reserve the right to decline your access to the App or Website, including disabling, suspending, or terminating your account, in our sole discretion at any time and from time to time, for any or no reason, including any violation of any provision of these Terms and Conditions.

We also reserve the right, without provision of notice, to take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the App or Website.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the App or Website.

YOU WAIVE AND HOLD HARMLESS FIRST IN AND ITS RELATED ENTITIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, OR SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY FIRST IN AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER FIRST IN OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

Upon any termination, discontinuation or cancellation of services or your account, the following sections will survive: Purchase Records.

No Reliance

The content on our App and Website is provided for general information purposes only.

It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our App and Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our App and Website is accurate, complete, or up to date.

Your use of the App and Website is at your own risk and neither First In nor its related entities, and their respective directors, officers, employees, agents, service providers, contractors, suppliers, or successors have any responsibility or liability whatsoever for your use of this App and Website.

The App and Website may include content provided by third parties, including from other users.

All statements and/or opinions expressed in any such third-party content, other than the content provided by First In, are solely the opinions and the responsibility of the person or entity providing those materials.

Such materials do not necessarily reflect the opinion of First In.

Neither First In nor its related entities, and their respective directors, officers, employees, agents, service providers, contractors, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Device-Specific Additional Terms for the App

These Terms and Conditions are an agreement between you and First In, and not with Apple, Google, or any other mobile device operating system.

These third parties are not responsible for the App and the content thereof.

We grant you the right to use the App only on an iOS or Google product that you own or control and as permitted by the App Store’s or Google Play Store’s Terms of Service.

Third-Party Websites and Links

We are not responsible for third-party websites or materials that you access.

For your convenience, the App and Website may provide links to third-party websites or mobile applications.

We make no representations about any other websites that may be accessed from the App and Website.

If you choose to access any such sites, you do so at your own risk.

We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them.

You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the App and Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the App and Website.

You may only use these features when they are provided by us and solely with respect to the content identified.

You may not create a link to any part of our App or Website other than the homepage without our prior written consent.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the Terms and Conditions.

You agree to cooperate with us by immediately stopping any unauthorized framing or linking.

Accessibility

First In is committed to ensuring that the Website, App and Services remain accessible to all individuals, regardless of disability.

First In will take reasonable steps to ensure that the Website, App and Services meet common industry standards for accessibility and materially comply with the requirements of the Accessibility for Ontarians with Disabilities Act (“AODA”), and other applicable legislation.

If you have any suggestions about improvements First In can make to enhance the accessibility of the Platform or Services, please contact us at +1 437-269-2245.

Geographic Restrictions

The owner of the App and Website is based in Ontario, Canada and is subject to Canadian laws.

We provide this App and Website for use only by persons located in Canada.

If you access the App or Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP AND WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP AND WEBSITE IS AT YOUR OWN RISK.

THE APP AND WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP AND WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER FIRST IN NOR ITS RELATED ENTITIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE APP AND WEBSITE, OR ITS CONTENTS.

WITHOUT LIMITING THE FOREGOING, NEITHER FIRST IN NOR ITS RELATED ENTITIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE APP AND WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE APP AND WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP AND WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIRST IN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PLATFORM, SERVICES, AND FIRST IN CONTENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE (I) QUALITY, SAFETY, SUCCESS, ACCURACY, OR LEGALITY OF ANY EVENT OR CONTENT ASSOCIATED WITH AN PARTICIPATING EVENT OR VENUE, (II) ACCURACY OF ANY INFORMATION PROVIDED BY USERS (INCLUDING FEEDBACK, SOCIAL MEDIA CONTENT AND CONSUMERS’ PERSONAL INFORMATION SHARED WITH ORGANIZERS IN CONNECTION WITH EVENTS OR VENUES), OR (III) ABILITY OF ANY USER TO COMPLETE A TRANSACTION.

WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES, INCLUDING THIRD PARTIES THAT HELP US PROVIDE THE SERVICES, THAT AN ORGANIZER CHOOSES TO ASSIST WITH AN EVENT, OR THAT YOU CHOOSE TO USE OR CONTRACT WITH WHEN USING THE SERVICES.

FIRST IN SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (a) FOR THE PARTICIPATING EVENT/VENUE’S AND THEIR REPRESENTATIVE’S ACTIONS, INCLUDING FAILURE TO HONOR OUR SERVICES OR REFUSAL TO PROVIDE YOU OR YOUR GUESTS ENTRY, FOR ANY REASONS (KNOWN OR UNKNOWN);

(B) FOR YOUR FAILURE TO COMPLY THE PARTICIPATING EVENT/VENUE’S INSTRUCTIONS AND TERMS AND CONDITIONS;

(C) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE APP, WEBSITE OR SERVICES;

(D) SOFTWARE, VIRUSES, OR OTHER DESTRUCTIVE, HARMFUL, OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY;

(E) USER CONTENT OR OTHER INFORMATION POSTED ON THE APP, WEBSITE, OUR SOCIAL MEDIA OR THROUGH OUR SERVICES, INCLUDING BY THIRD PARTIES;

OR (F) THE ACTIONS OF ANY THIRD PARTY. FIRST IN DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE, APP OR SERVICES.

ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, FIRST IN’S LIABILITY TO YOU, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR A BREACH OF FIRST IN’S OBLIGATIONS UNDER THIS AGREEMENT OR FIRST IN’S PRIVACY POLICY, OR FOR NEGLIGENCE, SHALL BE LIMITED TO THE GREATER OF $20.00 OR THE TOTAL FEES YOU HAVE PAID TO FIRST IN FOR YOUR USE OF THE APP, WEBSITE OR SERVICES IIMMEDIATELY PRECEDING THE CLAIM, AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS YOUR SOLE AND EXCLUSIVE REMEDY.

TO THE FULLEST EXTENT PERMITTED BY LAW, FIRST IN, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, SERVANTS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE ABOVE LIQUIDATED DAMAGES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE.

To the maximum extent permitted by law, you also agree that you will not seek to hold First In and its affiliates liable:

• directly or indirectly in contract, tort, equity or otherwise for any damage (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or other remedy whatsoever in connection with the App, Website or Services;
• and
• to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from the App, Website or Services.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, and in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless First In, its related entities, and their respective directors, officers, employees, agents, service providers, contractors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions, your use of the App or Website, and/or your violation of any law or the rights of such third party.

First In reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

You agree not to settle any matter without the prior written consent of First In.

First In will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Security

We care about the security of our users and our App and Website.

While we work to protect the security of our App and Website, First In cannot guarantee that unauthorized third parties will not be able to defeat our security measures.

Please notify us immediately of any compromise or unauthorized use of our App or Website by emailing us at [Firstin.ca@outlook.com].

Mobile Services and Electronic Communications

The App and Website includes certain services that are available via your mobile device.

You are responsible for all mobile, cable, or other internet service provider charges incurred by you for connecting to the App or Website and using the services it offers.

By using the App or Website, you agree that we may send you emails, SMS text messages, and/or push-notifications relating to your account registration and transactions you undertake on the App or Website.

We may also communicate with you for marketing and advertising purposes in accordance with our Privacy Policy and as permitted by applicable law.

You may opt-in or opt-out of these communications by changing your settings in the App or Website.

Copyright Dispute Policy

If you believe that material or content that resides or is accessible on or through the App or Website infringes a copyright, please send a notice of claimed infringement to First In, either by email at Firstin.ca@outlook.com or by mail to 3 Breen Crescent.

The notice should contain the following information:

• contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;
• identification of the work or other subject matter to which the claimed infringement relates;
• a description of the claimant’s interest or rights in or to the work or other subject matter;
• identification of the electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that First In is capable of finding and verifying its existence;
• the data and time of the commission of the claimed infringement;
• and
• any other information that may be prescribed under applicable laws.

The notice may not contain any of the following:

• an offer to settle the claimed infringement;
• a request or demand, made in relation to the claimed infringement, for payment or for personal information;
• any reference, including by way of hyperlink, to such an offer, request, or demand;
• or
• any other information that may be prescribed under applicable laws or regulations.

If the notice is not compliant with these requirements, First In will have no legal or other obligation to take any action in relation to the claimed infringement.

If a proper bona fide infringement notice is received in accordance with this Agreement, it is First In’s policy to remove or disable access to the infringing material; notify the user that posted, submitted, or uploaded the subject content that First In has removed or disabled access to the material; and where First In deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Platform and the Services, in whole or in part.

Governing Law

The App and Website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Any action or proceeding arising out of or relating to the App and Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions, including our Privacy Policy, constitute the sole and entire agreement between you and First In regarding the App and Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Assignment

The Terms and Conditions and any rights and licenses granted hereunder may not be transferred or assigned, subcontracted, delegated, or otherwise transferred by you without First In’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

First In may freely assign this Agreement. The Terms and Conditions shall be binding upon permitted assignees.

Changes to the Terms and Conditions

First In may unilaterally revise and update these Terms and Conditions from time to time.

We will provide notice of the change through a conspicuous notice on our App and Website, or other appropriate way as required by applicable law.

Such changes are effective immediately upon notice and apply to all access to and continued use of the App and Website.

You agree to periodically review these Terms and Conditions in order to be aware of any such changes, and you will be deemed to have accepted those updated Terms and Conditions if you continue to use our App and Website.

The information and material on the App and Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice.

We will not be liable if, for any reason, all or any part of the App and Website is restricted to users or unavailable at any time or for any period.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and First In as a result of the Terms and Conditions or use of our App, Website or Services.

The section titles used in the Terms and Conditions are purely for convenience and carry with them no legal or contractual effect.

The Services may be subject to U.S. and Canadian export control laws and may be subject to export or import regulations in other countries.

You agree not to export, re-export, or transfer, directly or indirectly, any technical data acquired from First In or any products utilizing such data in violation of the United States, Canadian, or other applicable export laws or regulations.

Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.

Contact

Any questions or concerns about the Services provided through the App and Website or the App and Website itself can be directed to us via email at [Firstin.ca@outlook.com] or via mail to the following address:

[3 Breen Crescent, Toronto, ON, Canada]