Terms of Service

Forge1 provides technology that allows individuals and organizations to create and share digital business-card profiles, distribute contact information, collect leads and manage professional connections.

Forge1 provides the Platform and related technology. Forge1 is not:

• A party to transactions between profile owners and visitors.
• An employer, agent, representative or partner of a profile owner.
• A guarantor of any lead, inquiry, sale, referral or business opportunity.
• Responsible for services offered by a profile owner or organization.
• Responsible for statements, promises or representations made by Platform users.
• A legal, financial, tax, credit, medical or professional adviser.

Any agreement or transaction between users takes place directly between those users.

You must be at least 18 years old and legally capable of entering into a binding agreement to create an independent Forge1 account or purchase the Platform.

A person under 18 may only use the Platform through:

• A parent or legal guardian.
• An authorized employer or organization.
• Another adult who accepts responsibility for the account and its use.

When you use the Platform for a company, dealership, employer, association or other organization, you represent that you have authority to accept these Terms on its behalf.

You agree to provide accurate and current account information.

You are responsible for:

• Protecting your password and login credentials.
• All activity performed through your account.
• Maintaining the security of your devices.
• Restricting administrator access.
• Immediately notifying Forge1 about suspected unauthorized access.
• Keeping your contact and billing information current.
• Ensuring that authorized users comply with these Terms.

You may not:

• 01Share credentials with unauthorized people.
• 02Impersonate another person or business.
• 03Create an account using false information.
• 04Access another user’s account without authorization.
• 05Attempt to bypass Platform permissions or security controls.

Forge1 is not responsible for loss caused by unauthorized account use resulting from your failure to protect your account or device.

Organizations may create, manage or pay for profiles belonging to employees, contractors, representatives or team members.

An organization administrator may be able to:

• 01Create and deactivate profiles.
• 02Edit organization-controlled profile information.
• 03View leads and activity.
• 04Change permissions.
• 05Connect integrations.
• 06Export information.
• 07Remove users from the organization.
• 08Access information submitted through organization profiles.

Users who join an organization account understand that the organization may control or access information associated with that organization.

The organization is responsible for:

• Obtaining any required authorization from its users.
• Assigning administrator permissions appropriately.
• Removing access when a person leaves the organization.
• Using account, profile and lead information lawfully.
• Resolving internal disputes involving account ownership or access.

Forge1 may rely on instructions from the account owner or designated organization administrator.

Forge1 profiles are digital business cards intended to be viewed and shared.

Unless a specific setting clearly states otherwise, information published on a profile must be considered public information.

Anyone with access to a profile link, NFC card, QR code or shared copy may be able to:

• 01View the profile without an account.
• 02Copy, save or download information.
• 03Add contact information to a device.
• 04Take screenshots.
• 05Forward the link to another person.
• 06Post the profile on another website.
• 07Save information in a CRM or contact system.
• 08Access cached or previously saved copies.
• 09Locate the profile through a search engine or directory where applicable.

You are solely responsible for deciding what information appears on your profile.

Do not publish information that you do not want publicly available.

Forge1 does not guarantee that:

• A public profile will remain private.
• A profile link will only be used by its intended recipient.
• Another person will delete information after viewing it.
• Search engines or third parties will immediately remove cached copies.
• Information copied outside the Platform can be recovered or deleted.

Removing or changing a profile does not remove copies already made by other people or services.

You must not publish, upload or collect through a general profile or lead form:

• 01Passwords or access codes.
• 02Social insurance numbers.
• 03Full credit card or banking credentials.
• 04Government identification numbers.
• 05Confidential medical information.
• 06Highly sensitive financial records.
• 07Private information belonging to another person without authorization.
• 08Confidential customer information unrelated to a legitimate disclosed purpose.
• 09Information prohibited by applicable law.
• 10Malicious software or harmful code.

Forge1 may remove information that we reasonably believe creates a privacy, security, legal or operational risk.

Visitors may voluntarily submit information through forms connected to a profile.

A lead may include:

• 01Name.
• 02Email address.
• 03Telephone number.
• 04Business information.
• 05A message or inquiry.
• 06Product or service interests.
• 07Communication preferences.
• 08Other information entered by the visitor.

Submitting a form may deliver the information to the applicable profile owner, organization, administrator, CRM or connected service.

Forge1 does not guarantee that a lead:

• 01Is accurate.
• 02Is complete.
• 03Belongs to the person who submitted it.
• 04Represents a genuine sales opportunity.
• 05Will answer future communications.
• 06Will purchase a product or service.
• 07Has authority to act for an organization.
• 08Is free from fraud, spam or malicious content.

Users must independently verify information before relying on it.

As between Forge1 and the customer receiving a lead, the customer retains its lawful rights in the lead information it receives.

The customer grants Forge1 permission to host, process, transmit, back up and display that information as reasonably necessary to operate and improve the Platform.

Forge1 does not sell or rent captured leads to unrelated third parties for their independent marketing purposes.

A customer receiving leads is responsible for:

• Explaining why information is being collected.
• Obtaining legally required consent.
• Using the information only for lawful purposes.
• Protecting downloaded or exported information.
• Restricting access to authorized personnel.
• Maintaining records of consent where required.
• Honouring access, correction, deletion and unsubscribe requests.
• Complying with privacy, marketing, telemarketing and consumer-protection laws.
• Ensuring connected CRMs and service providers handle the information appropriately.

Forge1 is not responsible for how a profile owner, organization or third party independently uses information after receiving or exporting it.

A person submitting a form may be requesting a response to a specific inquiry. That submission does not necessarily provide permission for unlimited or unrelated marketing.

Before sending emails, text messages, calls or other communications, users are responsible for determining whether they have the required consent or other lawful authority.

Users must provide legally required:

• 01Sender identification.
• 02Contact information.
• 03Unsubscribe mechanisms.
• 04Consent disclosures.
• 05Records of consent.
• 06Calling-hour or do-not-call compliance.

Users may not use the Platform to send spam, misleading promotions, harassment or unauthorized messages.

Forge1 may restrict or terminate accounts associated with unusually high complaint, block, bounce or unsubscribe rates.

Forge1 may introduce features that allow people to search for:

• 01Colleagues.
• 02Team members.
• 03Businesses.
• 04Professional contacts.
• 05Service providers.
• 06Referral partners.
• 07Areas of expertise.
• 08Public professional profiles.

Public or directory-enabled profile information may be used to operate these features.

Forge1 may introduce visibility settings or opt-out controls where appropriate.

Captured leads will not be intentionally published in a public professional directory without appropriate authorization.

New features may be added, changed, tested or discontinued at Forge1’s discretion.

“Customer Content” means information, text, photographs, logos, videos, links, documents, branding, messages and other materials uploaded or submitted to the Platform.

You retain ownership of your Customer Content.

You grant Forge1 a non-exclusive, worldwide, royalty-free licence to host, copy, process, reproduce, resize, format, transmit and display Customer Content as necessary to:

• 01Operate the Platform.
• 02Display your profile.
• 03Generate cards, QR codes and digital assets.
• 04Provide connected services.
• 05Create backups.
• 06Prevent fraud and abuse.
• 07Provide support.
• 08Improve Platform performance.

This licence continues for as long as the content remains on the Platform and for a reasonable period in backups.

You represent that:

• You own the Customer Content or have permission to use it.
• The content does not violate another person’s rights.
• The content is accurate and not misleading.
• You have permission to publish submitted names, photographs, logos and business information.
• Forge1’s use of the content under these Terms will not violate any law or agreement.

You may not use the Platform to:

• Break any law or regulation.
• Commit fraud or misrepresentation.
• Impersonate another person, company or organization.
• Harass, threaten or abuse another person.
• Send spam or unauthorized commercial messages.
• Scrape or harvest profiles or leads.
• Build an unauthorized marketing database.
• Collect information without a legitimate disclosed purpose.
• Upload malware or harmful code.
• Test or attack Platform security without written authorization.
• Attempt to access another user’s leads or account.
• Bypass subscription, account or permission limits.
• Reverse engineer the Platform except where legally permitted.
• Resell Platform access without written authorization.
• Use automated systems in a manner that damages or overloads the Platform.
• Publish illegal, infringing, deceptive, hateful or defamatory content.
• Use Forge1 branding in a way that suggests an unauthorized partnership.
• Operate a phishing page or deceptive lead form.
• Collect sensitive information through a form not designed and approved for that purpose.
• Interfere with the operation of the Platform.

Forge1 may investigate suspected misuse and cooperate with lawful authorities where required.

Physical NFC cards and related products may require a compatible device, enabled NFC settings and an internet connection.

Forge1 does not guarantee compatibility with every:

• 01Mobile phone.
• 02Tablet.
• 03Operating system.
• 04Browser.
• 05Device case.
• 06NFC reader.
• 07Network.
• 08Third-party application.

QR codes or direct profile links may provide an alternative when NFC functionality is unavailable.

You are responsible for reviewing names, contact details, logos, colours, links and other information before approving a physical product.

Minor variations may occur in:

• 01Colour.
• 02Placement.
• 03Finish.
• 04Engraving.
• 05Coating.
• 06Material.
• 07Appearance.

Unless required by law or caused by a Forge1 production error, customized or personalized physical products may not be returnable.

Forge1 is not responsible for cards that are:

• 01Lost.
• 02Stolen.
• 03Bent.
• 04Scratched.
• 05Damaged.
• 06Exposed to unsuitable conditions.
• 07Modified by another party.
• 08Used with an incompatible device.

Card replacement, shipping and reprogramming fees may apply.

Prices are shown in Canadian dollars unless otherwise stated.

You agree to pay:

• 01The displayed purchase price.
• 02Applicable subscription fees.
• 03Shipping or delivery charges.
• 04Applicable taxes.
• 05Approved add-on fees.
• 06Other charges clearly disclosed before purchase.

You authorize Forge1 and its payment provider to charge your selected payment method for amounts you approve.

You are responsible for keeping payment information current.

Forge1 may suspend paid features when payment is:

• 01Declined.
• 02Reversed.
• 03Disputed.
• 04Overdue.
• 05Suspected to be fraudulent.

Except where required by law or expressly stated in writing, setup fees, subscription charges, custom work and personalized product charges are non-refundable.

Nothing in these Terms limits cancellation, refund or other rights that cannot legally be waived.

Certain Platform features may require a recurring subscription.

The applicable checkout page or order form will identify:

• 01The subscription price.
• 02The billing frequency.
• 03Included features.
• 04Applicable limits.
• 05Whether automatic renewal applies.

When automatic renewal is clearly disclosed, you authorize Forge1 to charge the applicable recurring fee until the subscription is cancelled.

Cancellation stops future renewals. Unless required by law or expressly stated otherwise, cancellation does not create a refund for a billing period that has already started.

After cancellation or expiry:

• 01Paid features may stop working.
• 02Profiles may be restricted or unpublished.
• 03Access to leads or exports may be limited.
• 04Stored information may eventually be deleted.
• 05Physical cards may continue linking to a limited or inactive page.

Forge1 may change subscription pricing by providing reasonable advance notice where required.

Forge1 may offer trials, promotional prices, discounts or account credits.

Unless expressly stated otherwise:

• 01Promotions may be changed or withdrawn.
• 02Promotions cannot be exchanged for cash.
• 03Promotions may have eligibility requirements.
• 04Only one promotion may apply to a purchase.
• 05Unused credits may expire.
• 06Trial features may end without becoming part of a paid plan.

Attempting to obtain repeated trials or promotions through multiple accounts is prohibited.

The Platform may connect with:

• 01CRMs.
• 02Email providers.
• 03SMS or telephone providers.
• 04Payment processors.
• 05Analytics services.
• 06Social networks.
• 07Calendar tools.
• 08Cloud hosting providers.
• 09Contact-management systems.
• 10Other third-party services.

Third-party services are governed by their own terms and privacy policies.

You authorize Forge1 to exchange information with a third-party service when you connect or enable that service.

Forge1 does not control and is not responsible for:

• 01Third-party outages.
• 02Third-party security incidents.
• 03Changes to third-party APIs.
• 04Information stored by a third party.
• 05Charges imposed by a third party.
• 06Data loss after export.
• 07A third party’s suspension of your account.
• 08The accuracy or availability of third-party content.

Forge1 may modify or discontinue an integration if the third party changes or withdraws access.

Profiles may contain links selected by profile owners.

Forge1 does not necessarily review, approve or endorse linked websites, products or businesses.

You access third-party links at your own risk.

Forge1 is not responsible for:

• 01Linked website content.
• 02Purchases made through another website.
• 03Third-party privacy practices.
• 04Malware or security issues originating from another service.
• 05Representations made by a third-party business.

Forge1 works to maintain the Platform but does not guarantee uninterrupted availability.

The Platform may be unavailable because of:

• 01Maintenance.
• 02Updates.
• 03Internet or telecommunications failures.
• 04Hosting provider issues.
• 05Cyberattacks.
• 06Third-party outages.
• 07Hardware or software failures.
• 08Events outside Forge1’s reasonable control.

Forge1 does not guarantee that:

• 01Every NFC tap or QR scan will be recorded.
• 02Every lead will be successfully delivered.
• 03Every notification will arrive.
• 04Every integration will remain connected.
• 05Analytics will be complete or error-free.
• 06The Platform will meet every user’s specific requirements.

Users should maintain independent copies of important information.

Forge1 may:

• 01Add or remove features.
• 02Redesign the Platform.
• 03Change technical requirements.
• 04Modify account or usage limits.
• 05Introduce new subscription levels.
• 06Replace third-party providers.
• 07Change or discontinue integrations.
• 08Suspend outdated versions.
• 09Discontinue a service or feature.

Where reasonably practical, Forge1 may provide notice of a material change that significantly affects paid functionality.

Forge1 uses reasonable measures designed to protect information and Platform systems.

However, no system can be guaranteed completely secure.

You acknowledge the risks associated with:

• 01Internet transmission.
• 02Email and text-message delivery.
• 03Public profile sharing.
• 04Third-party integrations.
• 05Password theft.
• 06Device loss.
• 07Malicious users.
• 08Unauthorized screenshots or downloads.

You must notify Forge1 promptly at info@forge1.ca if you become aware of:

• 01Unauthorized account access.
• 02A lost administrator device.
• 03A compromised password.
• 04Improper access to leads.
• 05A suspected security vulnerability.
• 06Fraudulent use of a profile or card.

You may not publicly disclose or exploit a suspected vulnerability before giving Forge1 a reasonable opportunity to investigate it.

The Platform, excluding Customer Content, is owned by Forge1 or its licensors.

This includes:

• 01Software.
• 02Source code.
• 03Platform design.
• 04Workflows.
• 05Databases.
• 06Graphics.
• 07Templates.
• 08Documentation.
• 09Logos.
• 10Trademarks.
• 11Branding.
• 12User-interface elements.
• 13Reports.
• 14Analytics systems.
• 15Features and functionality.

Forge1 grants you a limited, revocable, non-exclusive, non-transferable licence to use the Platform for its intended purpose while your account remains active.

These Terms do not transfer ownership of Forge1 intellectual property to you.

You may not copy, sell, license, reproduce or create derivative works from the Platform except with written authorization or where legally permitted.

You may provide ideas, suggestions or feedback about the Platform.

You grant Forge1 permission to use that feedback without payment, restriction or obligation to you.

This does not give Forge1 ownership of confidential information clearly identified and accepted by Forge1 as confidential under a separate written agreement.

Forge1 may restrict, suspend or terminate an account when we reasonably believe:

• These Terms have been violated.
• Payment is overdue or disputed.
• The account creates a security risk.
• The Platform is being used unlawfully.
• The account is involved in fraud, spam or harassment.
• The user is interfering with Platform operations.
• Continued access may harm Forge1, another user or a third party.
• Suspension is required by law or a service provider.
• The account has been inactive for an extended period.
• The relevant service is being discontinued.

Where appropriate, Forge1 may provide an opportunity to correct a violation before termination. Serious security, fraud or legal issues may result in immediate action.

You may stop using the Platform or cancel your account at any time.

Termination does not eliminate:

• 01Outstanding payment obligations.
• 02Rights that arose before termination.
• 03Responsibilities relating to exported leads.
• 04Intellectual-property protections.
• 05Warranty disclaimers.
• 06Liability limitations.
• 07Indemnification obligations.
• 08Dispute provisions.

After an account is closed:

• Profiles may become unavailable.
• Connected NFC cards may stop functioning or show a limited page.
• Leads and account information may become inaccessible.
• Connected integrations may stop receiving information.
• Information may be deleted according to Forge1’s retention practices.

You are responsible for exporting information you are legally entitled to retain before closing an account.

Forge1 may retain information where reasonably necessary for:

• 01Legal compliance.
• 02Tax and accounting records.
• 03Fraud prevention.
• 04Security.
• 05Dispute resolution.
• 06Enforcement of agreements.
• 07Backups and system integrity.

Forge1 cannot delete copies that were previously exported, downloaded or shared with another party.

Forge1 does not guarantee:

• 01A particular number of profile visits.
• 02A particular number or quality of leads.
• 03Sales, revenue or commissions.
• 04Search-engine rankings.
• 05Customer responses.
• 06Referral activity.
• 07Business growth.
• 08A return on investment.
• 09The accuracy of information submitted by a lead.
• 10That a visitor will save or use contact information.

Business outcomes depend on factors outside Forge1’s control.

To the maximum extent permitted by law, the Platform and all related products, information and services are provided on an “as is” and “as available” basis.

Forge1 disclaims all representations, warranties and conditions not expressly stated in these Terms, including implied warranties or conditions of:

• 01Merchantability.
• 02Fitness for a particular purpose.
• 03Quality.
• 04Durability.
• 05Non-infringement.
• 06Accuracy.
• 07Availability.
• 08Security.
• 09Compatibility.
• 10Error-free operation.

Forge1 does not warrant that the Platform will be uninterrupted, completely secure or free from defects.

Nothing in this section excludes a warranty or consumer right that cannot legally be excluded.

Nothing in these Terms limits liability that cannot legally be limited.

To the maximum extent permitted by law, Forge1 and its directors, officers, employees, contractors, affiliates, licensors and service providers will not be liable for:

• 01Lost profits.
• 02Lost revenue.
• 03Lost commissions.
• 04Lost sales.
• 05Lost business opportunities.
• 06Loss of goodwill.
• 07Lost or corrupted data.
• 08Missed leads.
• 09Missed messages or notifications.
• 10Profile downtime.
• 11Integration failures.
• 12Indirect damages.
• 13Incidental damages.
• 14Special damages.
• 15Punitive damages.
• 16Exemplary damages.
• 17Consequential damages.

This exclusion applies regardless of whether the claim is based on contract, negligence, tort, strict liability, statute or another legal theory, and regardless of whether Forge1 was advised that the loss was possible.

Forge1 is not responsible for claims or losses resulting from:

• 01Public profile information.
• 02Sharing of an NFC card, QR code or profile link.
• 03Screenshots, copying, downloading or republication.
• 04Unauthorized use of information by another person.
• 05Actions taken by a profile owner or organization.
• 06False or fraudulent lead submissions.
• 07Communications sent by Platform users.
• 08User-selected integrations.
• 09Third-party websites or services.
• 10A user’s failure to secure an account or device.
• 11Customer Content.
• 12Information exported from the Platform.
• 13Business decisions made using Platform information.
• 14Events outside Forge1’s reasonable control.

To the maximum extent permitted by law, Forge1’s total aggregate liability arising from or connected to the Platform will not exceed the greater of:

1. 01The amount you paid directly to Forge1 for the affected service during the 12 months immediately before the event giving rise to the claim; or
2. 02One hundred Canadian dollars.

These limitations form an essential part of the agreement between you and Forge1.

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Forge1 and its directors, officers, employees, contractors, affiliates and service providers from claims, losses, damages, liabilities, penalties, expenses and reasonable legal fees arising from:

• 01Your use or misuse of the Platform.
• 02Your Customer Content.
• 03Information you publish on a profile.
• 04Leads you collect or use.
• 05Messages or calls you send.
• 06Your products, services or business activities.
• 07Your violation of these Terms.
• 08Your violation of applicable law.
• 09Your infringement of another person’s rights.
• 10Your unauthorized collection or disclosure of personal information.
• 11Actions taken through your account.
• 12Conduct of users or administrators under your organization account.

Forge1 may control the defence of a claim covered by this section. You agree to reasonably cooperate with that defence.

You and Forge1 are independent parties.

These Terms do not create:

• 01An employment relationship.
• 02A partnership.
• 03A franchise.
• 04A joint venture.
• 05A fiduciary relationship.
• 06An agency relationship.

You may not make commitments or representations on Forge1’s behalf without written authorization.

Forge1 is not responsible for delay or failure caused by circumstances outside its reasonable control, including:

• 01Natural disasters.
• 02Severe weather.
• 03Fire.
• 04Flood.
• 05War.
• 06Terrorism.
• 07Civil unrest.
• 08Labour disputes.
• 09Government action.
• 10Internet failures.
• 11Power outages.
• 12Telecommunications failures.
• 13Cyberattacks.
• 14Third-party service failures.
• 15Supply-chain interruptions.
• 16Public-health emergencies.

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles.

Subject to any mandatory rights or jurisdiction that cannot legally be waived, disputes relating to these Terms or the Platform will be brought before the courts of competent jurisdiction in Ontario, Canada.

The Platform is offered primarily as a business, commercial and professional networking service.

By creating an account, purchasing a card, activating a profile or using the Platform, you represent that you are using the Platform primarily for business, commercial, trade or professional purposes.

If you use the Platform primarily for personal, family or household purposes and applicable consumer-protection legislation gives you rights that cannot legally be waived, those mandatory rights will continue to apply.

Nothing in these Terms is intended to remove a right or remedy that cannot legally be removed by contract.

You agree that Forge1 may provide agreements, notices, invoices, receipts, disclosures and other communications electronically, including through:

• 01Email.
• 02Account notifications.
• 03Dashboard messages.
• 04The Platform.
• 05A posted update.

You are responsible for maintaining a valid email address and reviewing communications connected to your account.

Electronic communications satisfy any requirement that a communication be in writing, to the extent permitted by law.

You may not transfer or assign your account or rights under these Terms without Forge1’s written consent.

Forge1 may assign these Terms as part of:

• 01A corporate reorganization.
• 02A merger.
• 03An acquisition.
• 04A financing.
• 05A sale of assets.
• 06A transfer of the Platform or related business.

If a provision of these Terms is found invalid or unenforceable, it will be limited or removed only to the extent necessary.

The remaining provisions will continue in effect.

Forge1’s failure to enforce a provision does not waive the right to enforce it later.

A waiver is effective only when made in writing by an authorized Forge1 representative.

These Terms, the Privacy Policy, applicable order forms and any additional written terms presented for a particular product form the entire agreement concerning the Platform.

They replace prior discussions, representations or agreements relating to the same subject matter.

If an order form signed by Forge1 expressly conflicts with these Terms, the signed order form will control only for that conflict.

Forge1 may update these Terms as the Platform, business practices or legal requirements change.

The updated Terms will be posted with a revised “Last Updated” date.

Forge1 may provide additional notice of material changes by email, account notification or through the Platform.

Your continued use of the Platform after updated Terms take effect constitutes acceptance of the updated Terms, except where additional consent is required by law.

If you do not agree with an update, you must stop using the Platform and cancel affected services.

Questions, concerns or legal notices relating to these Terms may be sent to:

Company

Forge 1 Innovations Inc.

Email

info@forge1.ca

Before either party begins mediation, arbitration or a permitted court proceeding, the party raising the dispute must send the other party a written Notice of Dispute.

Notices to Forge1 must be emailed to: info@forge1.ca

The subject line must state: Notice of Dispute

A Notice of Dispute must include:

• 01The sender’s full name.
• 02The email address associated with the Forge1 account.
• 03The applicable business or organization name.
• 04The relevant profile or account information.
• 05A detailed description of the dispute.
• 06The important dates and events.
• 07Any supporting documents.
• 08The amount of money claimed, if applicable.
• 09The specific resolution being requested.

Forge1 will send a Notice of Dispute to the email address associated with the applicable account.

The parties agree to make a genuine, good-faith effort to resolve the dispute informally for at least 30 days after a complete Notice of Dispute is received.

No party may begin arbitration until:

1. 01A complete Notice of Dispute has been delivered;
2. 02The receiving party has been given a reasonable opportunity to respond; and
3. 03The 30-day informal-resolution period has ended.

The parties may agree in writing to extend this period.

Any applicable limitation period will be suspended during the mandatory informal-resolution period to the extent permitted by applicable law.

This requirement does not prevent either party from seeking urgent injunctive relief or taking action before a legal limitation period expires.

If a dispute is not resolved through the informal-resolution process, the parties agree to attempt to resolve it through confidential mediation before beginning arbitration.

The mediation will be conducted:

• Through the ADR Institute of Canada under its applicable National Mediation Rules;
• By one neutral mediator;
• Remotely by telephone or videoconference unless the parties agree otherwise;
• In the English language unless the parties agree otherwise; and
• On a confidential and without-prejudice basis.

The parties will attempt to agree on a mediator.

If they cannot agree within 10 business days after mediation is requested, either party may ask the ADR Institute of Canada to appoint the mediator.

Each party will participate personally or through a representative authorized to settle the dispute.

Unless applicable law, the mediator or an agreed settlement provides otherwise:

• The parties will divide the mediator’s fees equally; and
• Each party will pay its own legal and professional expenses.

Neither party is required to accept a proposed settlement.

If the dispute is not settled within 30 days after the mediator is appointed, or if the mediator declares an impasse, either party may proceed to binding arbitration.

A party cannot prevent arbitration merely by refusing to participate in mediation. If a party refuses or fails to participate after receiving proper notice, the other party may proceed to arbitration once 30 days have passed from the mediation request.

Except for the limited exceptions stated below and except where prohibited by applicable law, every dispute, claim or controversy between you and Forge1 will be resolved exclusively through final and binding individual arbitration.

This Arbitration Agreement applies broadly to claims arising from or connected with:

• 01These Terms.
• 02The Privacy Policy.
• 03The Platform.
• 04An account or organization account.
• 05A digital profile.
• 06An NFC card or physical product.
• 07A subscription or payment.
• 08Captured leads.
• 09Customer Content.
• 10Communications.
• 11Security or privacy.
• 12A third-party integration.
• 13A purchase, refund or cancellation.
• 14Any past, present or future relationship between you and Forge1.

It applies regardless of whether the claim is based on:

• 01Contract.
• 02Negligence.
• 03Tort.
• 04Statute.
• 05Misrepresentation.
• 06Privacy.
• 07Consumer protection.
• 08Equity.
• 09Common law.
• 10Any other legal theory.

The arbitration will be:

• Final and binding;
• Conducted by one neutral arbitrator;
• Administered under the applicable Arbitration Rules of the ADR Institute of Canada;
• Governed by the Ontario Arbitration Act, 1991, where applicable;
• Seated legally in Ontario, Canada;
• Conducted remotely unless the arbitrator determines that an in-person hearing is necessary;
• Conducted in English unless the parties agree otherwise; and
• Confidential to the maximum extent permitted by law.

The arbitrator will apply these Terms and applicable Ontario and Canadian law.

The arbitrator may award any individual remedy that a court could lawfully award, but only to resolve the individual claims between the parties.

The arbitrator may not combine claims belonging to different people or organizations unless Forge1 and every affected party expressly agree in writing.

The arbitrator’s decision may be entered, recognized and enforced by any court having jurisdiction.

Instead, the dispute will be decided by a neutral arbitrator after completion of the informal-resolution and mediation processes described above.

The parties waive their respective rights to commence or continue a court proceeding concerning a dispute that is required to be arbitrated.

A court proceeding may still be used where reasonably necessary to:

• Enforce this Arbitration Agreement.
• Stay or dismiss a lawsuit filed contrary to this Arbitration Agreement.
• Appoint an arbitrator when the agreed appointment process fails.
• Preserve evidence or maintain the status quo while arbitration is pending.
• Obtain urgent temporary injunctive relief.
• Recognize, confirm or enforce an arbitration award.
• Challenge an award only on the limited grounds permitted by applicable law.
• Resolve a claim that applicable law expressly prohibits from being arbitrated.
• Exercise a non-waivable statutory right.

Participating in one of these limited court proceedings does not waive the right to require arbitration of the remainder of the dispute.

Either party may bring an individual claim in the Ontario Small Claims Court where:

• The claim qualifies for that court;
• The claim is brought only on behalf of the individual party;
• The claim is not combined with claims belonging to anyone else; and
• The claim remains within the court’s lawful jurisdiction.

If a claim is transferred, appealed or otherwise removed from the Ontario Small Claims Court, either party may require that the dispute proceed through arbitration.

Forge1 may also use a court of competent jurisdiction to collect an undisputed overdue account or enforce an arbitration award.

Forge1 may apply to a court for urgent temporary or permanent relief involving:

• 01Unauthorized access to the Platform.
• 02Theft or misuse of leads or confidential information.
• 03Cyberattacks or security threats.
• 04Intellectual-property infringement.
• 05Misuse of Forge1 branding.
• 06Scraping or unauthorized data collection.
• 07Fraud, phishing or impersonation.
• 08Conduct threatening immediate or irreparable harm.

Seeking this limited relief does not waive Forge1’s right to require arbitration of damages or other issues.

You and Forge1 agree not to bring, join or participate in:

• A class action.
• A collective action.
• A representative proceeding.
• A consolidated proceeding involving unrelated parties.
• A class-wide arbitration.
• A proceeding seeking relief for people who are not parties to the dispute.

The arbitrator may award relief only to the individual person or organization involved in the arbitration and only to the extent necessary to resolve that party’s individual claim.

If applicable law makes this waiver unenforceable for a particular claim or person, the waiver will apply to the maximum extent legally permitted.

Any question about whether the class-action waiver itself is legally enforceable will be determined by a court of competent jurisdiction.

Arbitration filing fees, administrative fees and arbitrator fees will be allocated under the applicable ADR Institute of Canada rules.

Unless applicable law or the arbitrator requires otherwise:

• Each party will pay its own lawyers, experts and other professional advisers; and
• The arbitrator may award costs against a party where permitted by law or the applicable rules.

When a person legally qualifies as a consumer, Forge1 will pay any arbitration costs that applicable law requires Forge1 to pay.

The arbitrator may award reasonable costs against a party who:

• 01Brings a frivolous or abusive claim;
• 02Acts in bad faith;
• 03Refuses to comply with the dispute-resolution process;
• 04Conceals material information; or
• 05Causes unnecessary expense or delay.

To the maximum extent permitted by law, the parties agree that the following will remain confidential:

• 01Informal settlement discussions.
• 02Mediation communications.
• 03Arbitration filings.
• 04Evidence and documents exchanged during arbitration.
• 05Hearing transcripts and recordings.
• 06Settlement proposals.
• 07The arbitrator’s decision and award.

Confidential information may be disclosed where reasonably necessary:

• 01To obtain legal, accounting or professional advice.
• 02To enforce or challenge an arbitration award.
• 03To comply with applicable law.
• 04To respond to a lawful government or regulatory request.
• 05To protect a legal right.
• 06With the written agreement of both parties.

A party receiving confidential information must ensure that its advisers and representatives maintain its confidentiality.

You may opt out of the requirement to arbitrate by emailing Forge1 within 30 days after you first accept the version of these Terms containing this Arbitration Agreement.

The email must be sent to: info@forge1.ca

The subject line must state: Arbitration Opt-Out

The notice must include:

• 01Your full legal name.
• 02Your account email address.
• 03Your business or organization name, if applicable.
• 04The date your Forge1 account was created.
• 05A clear statement that you are opting out of the Arbitration Agreement.

The opt-out notice must be sent personally by the account holder. A notice attempting to opt out multiple unrelated account holders will not be effective.

Opting out of arbitration will not affect any other provision of these Terms.

An opt-out applies only to the person or organization that properly submits it.

Failure to submit a complete notice within 30 days means that you accept the Arbitration Agreement to the maximum extent permitted by law.

Nothing in this Arbitration Agreement prevents a person from:

• Filing a complaint with a government or regulatory authority.
• Cooperating with a lawful investigation.
• Reporting suspected illegal activity.
• Exercising a statutory right that cannot legally be waived.
• Seeking a remedy that applicable law expressly states cannot be restricted by arbitration.

If a mandatory law conflicts with part of this Arbitration Agreement, the mandatory law will control only to the extent of that conflict.

Except for the prohibition against class-wide arbitration, if a portion of this Arbitration Agreement is found invalid or unenforceable, that portion will be limited or removed only to the minimum extent necessary.

The remaining provisions will continue in effect.

Forge1 does not consent to class-wide, collective or representative arbitration under any circumstances.

If a final court decision determines that a particular claim must proceed on a class, collective or representative basis and cannot lawfully be required to proceed individually, that claim will proceed in court rather than through class arbitration.

Any portions of the dispute that can lawfully be arbitrated individually will be arbitrated first, and the parties will request that the court proceeding be stayed until the individual arbitration is completed.

The informal-resolution, mediation, arbitration, confidentiality, class-action waiver and dispute provisions survive:

• 01Account cancellation.
• 02Subscription expiry.
• 03Termination of these Terms.
• 04Deactivation of a profile.
• 05Closure of the Platform.
• 06A change in ownership of Forge1.
• 07Completion of a purchase.