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Terms of Use

TERMS OF USE

Last Updated: 29 October, 2026

Get Blys Inc. ("Blys", "we", "us", or "our") operates the website www.getblys.com (the "Site") and offers a marketplace for you to book services with third-party service providers or purchase products through the Site or mobile application (collectively, with the Site and Blys mobile application, the "Platform"). These Terms of Use (together with all linked and referenced policies herein, this "Agreement") constitute a legally binding contractual agreement between Blys and the user or visitor accessing the Platform or the entity on whose behalf you are accessing the Platform ("you" or "your") and governs your access or use of the Platform.

Blys’s Privacy Policy applies to your use of the Platform, and its terms are hereby incorporated into this Agreement by reference.

By accessing or using the Platform, you agree to be bound by this Agreement and you represent and warrant that you are an individual that is at least eighteen (18) years of age. If you do not agree to all of these terms, do not access or use the Platform.

The Platform is intended solely for individuals who are eighteen (18) years of age or older. Any access to or use of the Platform by anyone under eighteen (18) is strictly prohibited and constitutes a material violation of this Agreement. You represent and warrant that you meet this age requirement.

If you are using the Platform on behalf of an entity or business, you represent that you have the authority to bind that entity to this Agreement.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION AND CLASS ARBITRATION WAIVER THAT AFFECT YOUR LEGAL RIGHTS REGARDING HOW DISPUTES WITH BLYS ARE RESOLVED. PLEASE REVIEW SECTION 18 CAREFULLY.

  1. 1. Definitions. Capitalized terms not defined in this Section have the definition set out elsewhere in this Agreement.
    1. 1.1 “Booking” means an accepted Booking Request by the Service Provider.
    2. 1.2 “Booking Request Details” means the details you have entered into the Booking Request including but not limited to the details of the property where the Service (as defined below) will be provided, the requested time and date of the Service, the type of Service required, the preferred gender of the Service Provider, preferred booking time, and your contact details.
    3. 1.3 “Equipment” means equipment required by the Service Provider to complete the Service, such equipment includes but not limited to, a massage table, massage oils and towels.
    4. 1.4 “Intellectual Property Rights” means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any copyright, trademarks, designs, patents, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.
    5. 1.5 “Platform Fee” means the amount payable by you to Blys for the use of the Platform and support.
    6. 1.6 “Service” means the services provided by Service Providers through the Platform.
    7. 1.7 “Service Fee” means the amount payable by you to the Service Provider, and collected by the Blys platform on behalf of the Service Provider, which can be subject to change if you extend or change the Booking Request Details of the Service. The Service Fee is determined by a variety of factors such as the type of the Service, duration of the Services, location of the property where the Service will be provided, and booking date and time.
    8. 1.8 “Service Provider” means an independent individual (including a person trading under a business name) that uses the Platform to offer their services or products to clients.
    9. 1.9 “Site Content” means all material, content and information made available on the Platform and/or Blys’ official social media accounts, including but not limited to feedback, reviews and ratings provided by you, users of the Platform and Service Providers, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression.
  1. 2. Blys Platform
    1. 2.1 Platform. Blys grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Platform on your personal device solely to make booking requests to Service Providers through the Platform (each, a “Booking Request”) subject to this Agreement.
    2. 2.2 Blys Marketplace. You acknowledge and agree that Blys: (a) solely offers a marketplace; (b) has no control over and is not responsible for the actions or omissions of the Service Provider or any other users of the Platform; (c) Service Providers are not Blys’ employees, contractors, or agents, or otherwise related to Blys, and Service Providers are entirely independent from Blys; and (d) the full extent of Blys and Service Providers’ relationship is that Blys provides Service Providers a right to use the Platform.
    3. 2.3 Changes to the Platform. Blys reserves the right to modify, add, or withdraw functions on the Platform at any time in its sole discretion. Blys further reserves the right in its sole discretion to modify, suspend, restrict, or terminate your access to the Platform or any portion thereof at any time, for any or no reason, and without notice or liability to you.
    4. 2.4 Intellectual Property Rights. Except for the express rights granted in this Agreement, nothing herein shall be construed as granting any license or right in Blys’s Intellectual Property Rights. The Platform and Site Content remain the sole property of Blys. Blys reserves all rights not expressly granted to you herein. Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights on the Site Content. The Site Content is protected by copyright and Blys reserves all Intellectual Property Rights which may subsist in the Site Content and the Platform. You must not, without Blys’ prior written consent which may be withheld at its absolute discretion: (a) copy, republish, reproduce, duplicate or extract Site Content; (b) redistribute, sell, rent or license any Site Content; or (c) edit, modify or vary the Site Content.
  1. 3. Booking Process.
    1. 3.1 Booking Request. In order to make Bookings on the Platform, you must follow the Booking Request Process. See Help Center article, “How Does Blys Work?”
    2. 3.2 Changes and Cancellations.
      1. (a) Changes by You. Blys, on behalf of the Service Provider for the relevant Booking, will allow you to make changes to the Booking or cancel the Booking with a refund of the Service Fee. The Client Cancellation Policy, including but not limited to the cancellation fees and the cancellation review buffer therein, applies to any changes and is incorporated by reference herein.
  1. 4. Service Providers
    1. 4.1 Acknowledgment. You acknowledge and agree that Blys: (a) does not participate in the interaction between you and the Service Provider, solely except to the extent necessary to provide the Platform to facilitate the interaction, including the invoicing and processing of the Service Fee on behalf of Service Providers; (b) does not offer to or provide, perform or conduct Services nor does it act as an agent or broker for the Service Provider; (c) does not employ the Service Providers; and (d) is not party to any agreement made between you and the Service Provider.
    2. 4.2 Disclaimer. Blys does not give any warranty or make any representation that the Service Providers have approved qualifications to be a Service Provider, however each Service Provider must complete an approved onboarding process to receive access to the Platform and can be removed from the Blys Network at any time.
    3. 4.3 Liability. To the fullest extent permitted by law, Blys will not have any liability whatsoever for any of the services provided by Service Providers on- or off-Platform. Service Providers bear sole liability for all of the services provided, including those services that are booked through the Platform or outside of the Platform.
  1. 5. Safety and Quality
    1. 5.1 Reports. If you experience any issues regarding safety, quality, condition or description, you shall report such issues to Blys through the Platform. See the Help Center article, “How do I report a service provider or make a complaint?”
    2. 5.2 Disclaimer. Blys does not make any representations as to: (a) the safety or quality of the Service provided by the Service Provider; or (b) the safety or quality of the Equipment used by the Service Provider during the Service; or (c) the condition or description of any products used by the Service Provider during the Service.
  1. 6. User Obligations
    1. 6.1 User Representations and Warranties. You are solely responsible for compliance with any and all laws, rules, regulations, health and safety requirements (including any applicable local public health directives) and Tax (as defined below) obligations that may apply to your use of the Platform. You represent, warrant, and covenant to Blys that: (a) you possess the full legal capacity and authority to enter into this Agreement; (b) your use of the Platform will comply with this Agreement, the Code of Conduct, the Acceptable Use Policy, and all applicable laws, and will not infringe upon or violate the rights of any third party; (c) you possess all necessary legal rights to upload, transmit, submit, or otherwise disclose any materials or content, including but not limited to Booking Request Details, reviews, and images (collectively, "User Data") to the Platform, including rights from the Service Provider to upload images of their work and from third parties included in images; and (d) all User Data is accurate. You maintain sole liability for the accuracy, legality, and authenticity of all User Data submitted to the Platform. You agree to provide Blys with all necessary forms and information required to provide the Platform or as reasonably requested by Blys. You agree that breach of this Section is grounds for immediate and permanent suspension or termination of your access to the Platform and immediate termination of any Bookings.
  1. 7. User Accounts, Security, and Verification
    1. 7.1 Account Registration and Credentials. You agree to provide accurate and complete information during registration and to update it promptly to maintain its accuracy. You are solely responsible for maintaining the confidentiality of your account credentials, passwords, and any multi-factor authentication mechanisms. You accept sole responsibility for all activities that occur under your account, and you are responsible for any payments due for any Service acquired through the Booking System by anyone using your username and password. You should notify us of any breach of security of your username and password immediately.
    2. 7.2 Auditing. Blys reserves the right to audit your user profile, including messages in your account, at any time for any reason. Read more in our Help Center article, “Why Does Blys Review Messages (And How Does It Keep You Safe)?” We may temporarily suspend your account or access to the Platform if we suspect unauthorized access, identity misrepresentation, or fraudulent behavior.
  1. 8. User Data and Platform Uploads
    1. 8.1 User Data License. You retain all ownership and title to your User Data. You grant Blys a perpetual, non-exclusive, transferable, fully sublicensable, worldwide, irrevocable, royalty-free right and license to host, store, process, transmit, reproduce, and use your User Data in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing.
    2. 8.2 Responsibility. The Platform may allow users to submit, post, or upload User Data. We make no representations that we will publish or make available on the Platform any User Data, and we reserve the right, in our sole discretion, to refuse to allow any User Data, or to edit or remove any User Data at any time with or without notice. We may, but are not obligated to, monitor, edit, or remove any activity or content, in whole or in part, that we determine in our sole discretion to violate this Agreement or our standards. Blys is not responsible for ensuring the accuracy, completeness, or legality of any User Data from any users or similar content uploaded by Service Providers, for which users remain solely responsible.
    3. 8.3 Feedback. If you transmit any comments, feature requests, bug reports, or other ideas or suggestions of any kind (collectively, "Feedback") to Blys, you hereby assign to Blys all right, title, and interest in and to such Feedback. Blys may implement, commercialize, modify, and use it without any financial compensation, attribution, or restriction of any kind, regardless of what your communication may say. For clarity, Blys will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Feedback.
    4. 8.4 DMCA. We comply with the Digital Millennium Copyright Act (“DMCA”) and will remove User Data upon receipt of a compliant takedown notice in accordance with this Section.
      1. (a) DMCA Takedown Notice Procedure. If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Platform infringes your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
        1. The copyrighted work that you claim has been infringed, or a representative list if multiple works are covered;
        2. The material that you claim is infringing and that is to be removed, including information reasonably sufficient to permit us to locate the material (such as the specific URL);
        3. Your mailing address, telephone number, and email address;
        4. Include both of the following statements in the body of the notice:

          “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.”

          “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

        5. Your full legal name and your electronic or physical signature.
      2. (b) Designated Agent. Completed notices must be delivered to our Designated Copyright Agent:

        Get Blys Inc.
        Attn: DMCA Designated Agent
        2810 N CHURCH STREET
        WILMINGTON, DE 19802
        Email: hello@getblys.com

        Only send DMCA notices to the Designated Copyright Agent.

  1. 9. Gift Vouchers. Blys offers gift vouchers subject to the Gift Voucher Terms, which are incorporated by reference herein.
  1. 10. Invite a Friend Program. Blys offers a referral program subject to the Invite a Friend Program Terms, which are incorporated by reference herein.
  1. 11. Fees
    1. 11.1 Payment of Fees. You agree to pay all fees associated with a booking, including the Service Fee and Platform Fee (collectively, the “Booking Fee”). Payment is due, and Blys will charge, the Booking Fee upon the acceptance of a Booking Request by a Service Provider. If you make a recurring Booking, charges will be processed in accordance with the Recurring Booking Terms incorporated under Section 12.2. You shall ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you. Overdue payments are grounds for immediate termination of your account and Platform.
    2. 11.2 Remittance of the Service Fee. Blys will hold the Service Fee on behalf of the Service Provider until Blys: (a) accounts the Service Fee to the Service Provider; or (b) pays a refund to you (if you are entitled to a refund).
    3. 11.3 Security of Payment. Blys does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorized access to your information.
    4. 11.4 Refunds. If you are entitled to a refund of the Service Fee and/or the Platform Fee, Blys will aim to process the refund within forty-eight (48) hours of the right to the refund arising. Except as expressly provided herein, all fees paid are non-refundable and non-cancellable.
      1. (a) Discretionary Refunds or Credits. Blys may, in its sole discretion, issue refunds, credits, or other compensation to you in order to resolve disputes, maintain customer satisfaction, or support the operation of the Platform. Any such refund, credit, or compensation is provided as a goodwill gesture only and does not constitute an admission of fault, liability, or responsibility by Blys or the Provider. The issuance of any refund or credit by Blys does not alter or affect the independent contractor relationship between Blys and Providers, nor does it transfer responsibility for the Services from the Provider to Blys.
    5. 11.5 Price Changes. You acknowledge that the Service Fee and Platform Fee rates displayed on the Platform may change from time to time. Any price changes will apply solely to future Booking Requests submitted after the updated rates are posted and will not affect any previously confirmed Bookings, unless you request a change or extension to your Booking Request Details.
    6. 11.6 Payment Authorization. You agree that at the time of your first Booking, or when you add an additional payment method, your payment details will be transferred to Blys’ secure payment gateway. You hereby authorize Blys or our third-party payment processors to securely store your designated payment method and charge it for all fees, taxes, and applicable administrative rates incurred in connection with your account.
  1. 12. Term and Termination.
    1. 12.1 Term. This Agreement comes into effect on the date you first access or use the Platform, or the effective date of your Booking, whichever is sooner. The Agreement will continue until terminated in accordance with this Agreement.
    2. 12.2 Recurring Bookings. If you choose to make a recurring Booking, you agree to the Recurring Booking Terms, which are incorporated herein by reference.
    3. 12.3 Blys Termination and Suspension. Blys may terminate this Agreement for any or no cause at any time. Blys may delete or block user accounts at its own discretion. Blocked users are prohibited from setting up a new user account.
    4. 12.4 Your Termination. You may terminate this Agreement at any time by deleting your account. See Help Center article, “How can I delete my account?”.
    5. 12.5 Effect of Termination. If this Agreement or your access to the Platform is terminated: (i) you will no longer be authorized to access the Platform; (ii) you will continue to be subject to and bound by all restrictions imposed on you by this Agreement; (iii) all licenses granted to you shall expire; and (iv) all disclaimers by Blys and limitations of Blys’ liability set out in this Agreement or elsewhere on the Platform will survive termination. If you have violated any terms of this Agreement or Blys, in its sole discretion, determines it to be the correct course of action, Blys may block the email address you used to register with the Platform and/or any other email address you possess from accessing the Platform or any other services or products owned by Blys. Upon termination of the Agreement by either party, Blys reserves the right to charge your payment method for any outstanding fees and charges owed to Blys and/or the Service Provider on your user profile prior to disabling your user profile. Termination or suspension of your access to the Platform for any reason by Blys does not limit any of Blys’ other rights or remedies.
  1. 13. Third-Party Sites and App Stores
    1. 13.1 The Platform may include a link or otherwise redirect to another website operated by a third party (a “Third-Party Site”). You acknowledge and agree that any Third-Party Sites are not controlled by Blys and do not form part of the Platform. We do not endorse, and are not responsible or liable for, the availability, content, products, or services of any Third-Party Sites. Access and use of any Third-Party Sites is entirely at your own risk, and any dealings or correspondence with third parties found through the Platform are solely between you and the third party. YOU AGREE THAT YOU WILL NOT HOLD ANY BLYS PARTIES LIABLE OR IN ANY WAY ACCOUNTABLE FOR ANYTHING THAT OCCURS ON ANY THIRD-PARTY SITE.
    2. 13.2 Third-Party App Stores. If you access or download the Platform through third-party mobile application platforms or infrastructure providers, such as the Apple App Store and Google Play Store, you agree to the Third-Party App Store Terms, which are incorporated into this Agreement by reference.
  1. 14. Disclaimer of Warranties

    EXCEPT AS EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLYS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE RELIABILITY, QUALITY, ACCURACY, OR COMPLETENESS OF ANY PROFILES, RATINGS, REVIEWS, RECOMMENDATIONS, FEEDBACK, OR COMPOSITE METRICS, WITH RESPECT TO THE PLATFORM AND/OR SITE CONTENT. BLYS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM AND/OR SITE CONTENT WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE PLATFORM AND SITE CONTENT ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE PLATFORM OR SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE PLATFORM AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

    You acknowledge and agree that some of the Site Content may be provided by way of blogs or comments made by us, you or other users of the Platform, and that Blys does not accept any liability for the accuracy of such information or your reliance on the same. The Site Content is provided to you as general information only and is not intended to substitute or replace the advice of a duly qualified professional (where applicable).

  1. 15. Waiver and Release

    YOU UNDERSTAND THAT BLYS IS A MARKETPLACE AND TECHNOLOGY PLATFORM PROVIDER, NOT A SERVICE PROVIDER. ALL SERVICES AND EQUIPMENT ARE PROVIDED SOLELY BY INDEPENDENT PROFESSIONALS. BLYS IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, OR CONDUCT OF ANY SERVICE PROVIDER, THEIR EQUIPMENT, OR THE SERVICES RENDERED, AND BLYS DOES NOT RECOMMEND ANY OF THE SERVICE PROVIDERS. IT IS SOLELY THE RESPONSIBILITY OF EACH USER, AND NOT BLYS, TO DETERMINE WHETHER A GIVEN PROVIDER IS QUALIFIED AND CAPABLE OF RENDERING SERVICES. BLYS DOES NOT AND CANNOT GUARANTEE THAT A PARTICULAR SERVICE PROVIDER IS QUALIFIED, LICENSED, OR CERTIFIED. BLYS HAS NO OBLIGATION TO VERIFY, AND DOES NOT GUARANTEE OR REPRESENT THAT IT HAS VERIFIED, THE IDENTITY, LICENSING, CERTIFICATION, OR OTHER BACKGROUND INFORMATION OF ANY USER OR SERVICE PROVIDER. BLYS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE IDENTITY OR MISREPRESENTATION OF ANY USER OR SERVICE PROVIDER, THE SERVICES, EQUIPMENT, OR THE ACTS, OMISSIONS, OR MISREPRESENTATIONS OF ANY SERVICE PROVIDER OR USER. YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS’ PERSONAL PROPERTY AND PERSONAL SAFETY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS IN ALL ACTIONS AND INTERACTIONS WITH ANY THIRD PARTY YOU INTERACT WITH IN OR THROUGH THE SERVICE.

    YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY SERVICE OR RECOMMENDATION AVAILABLE ON OR THROUGH THE PLATFORM IS RIGHT FOR YOU OR ANY THIRD PARTY. YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN RECEIVING SERVICES IN YOUR HOME OR PRIVATE SPACE. THE SERVICES MAY CONTAIN HEALTH- OR MEDICAL-RELATED MATERIALS OR ACTIONS THAT INVOLVE PHYSICAL TOUCHING AND INTIMATE PROXIMITY. IF YOU FIND THESE MATERIALS OR ACTIONS OFFENSIVE, YOU MAY NOT WANT TO USE THE SERVICES. BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE, ON BEHALF OF YOURSELF AND ANY THIRD PARTY, THAT YOU ARE AWARE OF THESE RISKS, WHICH INCLUDE, BUT ARE NOT LIMITED TO, PROPERTY DAMAGE, THEFT, ILLNESS, BODILY INJURY, OR DEATH, AS WELL AS RISKS ARISING FROM THE USE OF EQUIPMENT BROUGHT ONTO YOUR PREMISES BY A SERVICE PROVIDER. YOU EXPRESSLY ASSUME ALL SUCH RISKS. IT IS YOUR RESPONSIBILITY TO CONSULT WITH A PHYSICIAN PRIOR TO USING THE SERVICES TO DETERMINE IF PARTICIPATION IS APPROPRIATE FOR YOU. DO NOT USE THE SERVICES IF YOUR PHYSICIAN ADVISES AGAINST IT. IF YOU EXPERIENCE PAIN OR DISCOMFORT AT ANY TIME DURING A SERVICE, YOU SHOULD STOP IMMEDIATELY. IT IS YOUR RESPONSIBILITY TO INSTRUCT THE SERVICE PROVIDER TO STOP IMMEDIATELY. THE SERVICES ARE NOT FOR MEDICAL EMERGENCIES; IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY. IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE SERVICE.

    BLYS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF ANY INFORMATION PROVIDED BY BLYS OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK.

    YOU ALSO UNDERSTAND AND AGREE THAT THE PLATFORM OFFERS INFORMATION FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. NOTHING AVAILABLE THROUGH THE PLATFORM IS INTENDED TO BE THE PRACTICE OF MEDICAL OR PROFESSIONAL CARE. DO NOT RELY ON ANY INFORMATION ON OR THROUGH THE PLATFORM AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND DO NOT DISREGARD OR DELAY OBTAINING MEDICAL ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU READ OR HEARD ON OR THROUGH THE PLATFORM. YOUR USE OF ANY CONTENT OR RECOMMENDATIONS IS SOLELY AT YOUR OWN RISK.

    THE PLATFORM IS CONTINUALLY UNDER DEVELOPMENT, AND BLYS MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, INDEMNIFY, AND HOLD HARMLESS BLYS FROM ANY AND ALL RESPONSIBILITY, CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES, AND LIABILITIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE PLATFORM AND SERVICES, INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, PHYSICAL HARM, LOSS, ILLNESS, DEATH, PROPERTY DAMAGE, OR THEFT, WHETHER ARISING FROM THE PLATFORM, THE ACTIONS OR OMISSIONS OF A SERVICE PROVIDER, OR THE USE OF ANY EQUIPMENT BROUGHT INTO YOUR HOME.

  1. 16. Limitation of Liability
    1. 16.1 General Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLYS, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, OR AFFILIATES (THE “BLYS PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLYS’S MAXIMUM CUMULATIVE, AGGREGATE LIABILITY FOR ALL CLAIMS, DISPUTES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT OR RELATING TO THE PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE GREATER OF $100.00 OR THE TOTAL AGGREGATE PLATFORM FEES PAID BY YOU TO BLYS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.
    2. 16.2 Services Liability. TO THE EXTENT PERMITTED BY LAW, BLYS WILL NOT BE RESPONSIBLE AND WILL BE EXCLUDED FROM ALL LIABILITY, FOR ANY LOSS OR DAMAGE WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF LIFE AND DAMAGE TO PROPERTY) THAT YOU OR ANOTHER PERSON MAY SUFFER IN CONNECTION WITH THE OFFER OR SUPPLY OF (OR DEFAULT IN SUPPLYING) THE SERVICE.
    3. 16.3 Acceptance. You agree and accept that the limitations of liability provided in this Section 16 and the indemnity provided in Section 17 are reasonable.
  1. 17. Indemnity

    You agree to defend, indemnify, and hold harmless the Blys Parties from and against any and all legal claims, Losses, damages, liabilities, costs, charges, payments, and expenses (including reasonable attorneys' fees and court costs) which Blys may pay, suffer, incur, or be liable for, arising out of or relating to: (a) your use of the Platform; (b) User Data; (c) your breach of this Agreement; (d) your negligence, willful misconduct, or fraud; and (e) your violation of any third-party rights or applicable laws.

    “Losses” mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses, penalties, fines and damages which may be brought or awarded against Blys or suffered, incurred or paid by Blys (howsoever arising) and include loss of data, interruption of business or any consequential or incidental damages.

  1. 18. Dispute Resolution
    1. 18.1 Service Provider Disputes. You acknowledge and agree that: (a) any dispute, controversy, or claim (each, a “Dispute”) between you and a Service Provider concerning the Service carried out by the Service Provider is directly between you and the Service Provider; (b) Blys is not a party to any Dispute between you and a Service Provider; and (c) you will be required to pay or reimburse any legal fees incurred by Blys as a result of having to mediate any Dispute between you and a Service Provider.
    2. 18.2 Dispute Resolution Process. You agree that all claims you bring against Blys must be resolved in accordance with this Section 18.
    3. 18.3 Mandatory Informal Dispute Process. Prior to initiating any formal legal action or arbitration proceeding, you and Blys agree to make a good faith effort to resolve the Dispute informally. You agree to notify Blys in writing of a dispute by mail to Get Blys Inc, 2810 N Church St, Wilmington, DE 19802, Attn: Chief Executive Officer or General Counsel or legal@getblys.com, detailing the nature of the claim and the specific relief requested. You and Blys agree to negotiate in good faith for a period of thirty (30) calendar days from the date the notice is received before any party may initiate an independent arbitration proceeding.
    4. 18.4 Arbitration Agreement. If the Dispute is not resolved through the informal process within the thirty (30) day window, you and Blys agree that all disputes, claims, or controversies arising out of or relating to this Agreement, the Site, or the Platform shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its consumer arbitration rules (the “Rules”), available at www.adr.org, rather than in a court of law. Payment of all filing, administration, and arbitrator fees will be governed strictly by the AAA Consumer Arbitration Rules. If the arbitrator finds your claim frivolous under Federal Rule of Civil Procedure 11(b), the payment of all fees will be governed strictly by the Rules. Blys will not seek its attorneys’ fees unless your claim is determined to be frivolous. All aspects of the arbitration proceeding and award will be strictly confidential.
    5. 18.5 Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. Governing law will be as set forth in Section 19.1. You and Blys agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
    6. 18.6 Waiver of Class Actions, Class Arbitrations, and Jury Trials. YOU AND BLYS EXPRESSLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS WITH YOURS. YOU AND BLYS HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY.
    7. 18.7 Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this deadline by 30 days in the interests of justice. Arbitration proceedings will be closed to the public and confidential, and all related records will be permanently sealed, except as necessary to obtain court confirmation of the award. The award will be in writing and will include a statement setting forth the reasons for the claim’s disposition. You agree that these terms and your use of the Platform evidence a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement. The arbitrator shall have the authority to award any remedy or relief that would have been available in court under applicable law.
    8. 18.8 Exceptions. Notwithstanding the foregoing, (a) either party may bring an individual action in small claims court; or (b) Blys may seek equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Blys or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Blys, and your only remedy will be for monetary damages, subject to the limitations of liability set forth above.
    9. 18.9 Severability. If any provision of this Arbitration Agreement is found unenforceable, the parties will replace it with a valid provision that best mirrors their original intent, and the remainder of the agreement applies. However, if Section 18.5 is found unenforceable, the entirety of Sections 18.4 through 18.7 (the “Arbitration Agreement”) is null and void, except regarding claims for public injunctive relief.
    10. 18.10 Modifications. If Blys makes material changes to this Arbitration Agreement, you may reject the change by sending written notice within thirty (30) days to Blys’s notice address. Rejecting a change binds you to the arbitration language in effect when you first accept this Agreement.
  1. 19. Miscellaneous
    1. 19.1 Governing Law and Venue. This Agreement and your use of the Platform shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of this Agreement. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts and waive any defense of inconvenient forum.
    2. 19.2 Assignment. You may not assign this Agreement without Blys’s prior written approval. Blys may assign this Agreement without restriction. This Agreement inures to the benefit of our successors, assigns, and licensees.
    3. 19.3 Modifications. Blys may update this Agreement from time to time. You can find the latest version of this Agreement at https://getblys.com/ca/terms/. If Blys makes a material update to this Agreement, Blys will provide advance written notice to you, and Blys shall not be liable for any losses, damages, or disruption resulting from your need to modify your practices, content, or behavior to comply with such updates. If you do not agree to the updated Agreement, you may terminate this Agreement and stop using the Platform by notifying Blys in writing before the effective date of the update. Your continued use of the Platform after the update takes effect constitutes your acceptance of the updated Agreement.
    4. 19.4 No Third-Party Beneficiaries. This Agreement is for the sole benefit of Blys and you. Nothing in this Agreement, express or implied, is intended to or will confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever.
    5. 19.5 Notice. All notices sent to Blys shall be in writing and delivered by mail to Get Blys Inc, 2810 N Church St, Wilmington, DE 19802, Attn: Chief Executive Officer or General Counsel with a copy via email to hello@getblys.com and shall be effective upon receipt. All notices sent to you shall be in writing and delivered via your user profile or to the email address associated with your user profile and shall be effective upon sending.
    6. 19.6 Waiver. No waiver of any provision of this Agreement by Blys is binding unless authorized in writing by an executive officer of Blys. In the event that Blys waives a breach of any provision of this Agreement, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of this Agreement and will in no manner affect the right of Blys to enforce the same at a later time.
    7. 19.7 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that specific provision shall be severed, and the remaining terms of the Agreement shall remain in full force and effect. Any provision of, or the application of any provision of this Agreement which is prohibited in any jurisdiction is, solely in that jurisdiction, ineffective only to the extent of that prohibition.
    8. 19.8 Statute of Limitations. You and Blys agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement or the Platform, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
    9. 19.9 Survival. All provisions that by their nature should survive termination shall survive.
    10. 19.10 Electronic Notices and Transactions. You agree to transact business and receive all contracts and notices from Blys electronically over the Internet, via our platform, or at your registered email in HTML or PDF format. You certify that you have the necessary internet access and hardware to view, print, and retain these documents. It is your duty to maintain an up-to-date email address and to ensure Blys emails are not blocked by spam filters. You may request paper copies or withdraw your electronic consent at any time by emailing hello@getblys.com; however, withdrawing consent will result in the immediate termination of your account and services. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original, non-electronic signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
    11. 19.11 Sanctions and Export Control. You represent and warrant that you are not: (a) located in, or a resident or national of, any country or region subject to a comprehensive U.S. government embargo; or (b) identified on any U.S. government list of prohibited or restricted parties, including the U.S. Treasury Department's List of Specially Designated Nationals. You agree to comply strictly with all U.S. export controls and economic sanctions laws.
    12. 19.12 Headings. The heading references herein are for convenience only and will not be deemed to limit or affect any of the provisions hereof.
    13. 19.13 Entire Agreement. This Agreement constitutes the entire agreement between you and Blys regarding its subject matter and supersedes all prior or contemporaneous understandings and agreements. For clarity, the Agreement includes all linked and referenced policies and terms herein.