Terms of Use Agreement

Effective Date: September 21, 2026

1. Agreement

These Terms of Use (the "Terms" or this "Agreement") are a legally binding agreement between you ("you," "your," or "Member") and Spicy Friends Ltd. ("Spicy Friends," "we," "us," or "our"), an Ontario corporation.

The Spicy Friends website, applications, and related features (collectively, the "Service") let people create accounts, publish and view writings, images, photographs, art, video, audio, and other information, and connect with others for dating, friendship, and online or offline social connection. Some areas of the website are publicly viewable. Member features (including profiles, messaging, galleries, and similar tools) require an account.

By creating an account, accessing member features, clicking to accept, or using the Service, you agree to these Terms, the Acceptable Use Policy, the Content Complaints and Appeals page, the Copyright Complaints page, the 2257 Exemption page, the Legal Requests page, the Privacy Policy, and the Cookie Policy, which are incorporated into this Agreement. If you do not agree, do not use the Service.

Purchases from us are also governed by the Store and Membership Terms, Returns, Refunds, and Cancellations Policy, and Shipping and Delivery Policy. Those commerce policies control if they conflict with these Terms about a purchase.

Vendor Market is a member-supplied listing directory. Listings and any transaction with a listing owner are not purchases from Spicy Friends. See Section 13.1.

Places is a member-supplied directory of locations. Creating or managing a Place listing does not mean the member owns or operates the venue. See Section 13.2.

Spicy Friends has, by making the Service available, provided consideration for this Agreement.

2. Eligibility and adult content

The Service contains nudity and sexually explicit material, including graphic pictures, images, video, audio, and writings. You may use the Service only if:

  • you are at least 18 years of age, and of legal age in your location to view sexually explicit material and to enter this Agreement (21 where that is required);
  • you are not prohibited by law from using the Service based on your location or status;
  • you are using the Service for your own personal, non-commercial use, except as we expressly allow (for example, a listing you are authorized to manage); and
  • if you use the Service on behalf of an organization, you have authority to bind that organization.

You represent and warrant that you wish to see sexually explicit material, are not accessing the Service if it is illegal for you to do so, and are not offended by adult content of the kind the Service may display.

You do not represent anything about Content uploaded by other members. Age, consent, and legality of your Content are addressed in Section 8.

We may refuse, suspend, or withdraw membership without prior notice where we reasonably believe these Terms or the law require it, or where we exercise the rights in Section 12.

3. Nature of the Service (host of third-party content)

The Service is an interactive computer service and hosting platform. Members—not Spicy Friends—create, upload, post, message, and list the text, images, video, audio, profile information, comments, events, places, publications, Vendor Market listings and items, rendezvous, and other materials on the Service (collectively, "User Content" or "Content").

  • Spicy Friends is not the author, publisher, or speaker of User Content, except for content we ourselves create and identify as ours (for example, our own help articles or official notices).
  • User Content does not represent the views, advice, or endorsement of Spicy Friends or its affiliates.
  • We do not undertake a duty to monitor, pre-screen, verify, or police User Content or member disputes. Any review, ranking, filtering, labeling, or removal we perform—including with automated tools—is voluntary, may be incomplete or incorrect, and may be applied or withheld in our discretion.
  • We may take those voluntary steps to remove or restrict access to material that we consider obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not it is protected by law, and to enforce these Terms. To the fullest extent permitted by applicable law (including, where it applies, 47 U.S.C. § 230), we are not liable for User Content or for what we do or do not remove.

Canada. Hosting or transmitting member speech does not, by itself, make Spicy Friends the author or publisher of that speech for defamation, privacy, copyright, or similar claims under the laws of Canada, except to the extent we originate or materially contribute to the specific content at issue.

United States. Where United States law applies, we are an interactive computer service provider, and members are information content providers as to their User Content, within the meaning of 47 U.S.C. § 230. Section 230 does not limit liability for our own speech, for intellectual-property claims (see Section 10), or for claims that federal law says it does not cover.

The Service is for lawful social and lifestyle connection only. It is not a marketplace for commercial sex. See Section 9. Vendor Market is a listing directory we host; we do not operate checkout, payment, or fulfillment for listed offerings. See Section 13.1. Places is a location directory we host; we do not operate, endorse, or grant entry to listed venues. See Section 13.2.

4. User accounts

To use member features you must create an account. You agree to:

  • provide accurate, current, and complete information during registration and keep it updated;
  • maintain the security of your password and accept the risks of unauthorized access to your account;
  • notify us immediately of any unauthorized use of your account or other security breach;
  • use the account only for yourself (and, where the Service allows linked or couple profiles, only for people who authorized that use); and
  • take responsibility for all activities that occur under your account.

We may require age assurance or other verification. Methods may include date-of-birth collection at signup; attestations by other members; video or in-person profile verification as described in our help articles; automated screening of images or video that may estimate whether a depicted person appears under 18; and, where we reasonably believe it is necessary, a request for additional proof of age. Completing a check does not mean we warrant another member's identity, age, or Content.

Those methods are safety measures. They are not a government-issued identity or age-verification system. We may restrict, geo-block, or refuse access from locations where the law requires a method of age assurance we do not offer.

You will not create a new account, or use another person's account, to evade a suspension, ban, or other enforcement action (including after we disable an account).

5. Purchases, Supporter access, and points

Optional Supporter access and merchandise sold by Spicy Friends are governed by the Store and Membership Terms, the Returns, Refunds, and Cancellations Policy, and the Shipping and Delivery Policy. Those policies control if they conflict with these Terms about a purchase. Paying a Vendor Market listing owner, or receiving goods or services they list, is not a purchase from Spicy Friends and is not covered by those commerce policies. See Section 13.1.

Supporter access is currently a one-time, prepaid purchase for a fixed term, not an automatically renewing subscription. Abusive chargebacks, false payment disputes, or fraudulent payment activity may result in suspension or termination of your account.

5.1 Contribution points

Spicy Friends may offer a points program as described in the Points program help article. Points have no cash value, are not currency or a stored-value instrument, and cannot be sold or transferred except as we allow (for example, redeeming a balance for a period of Supporter access). We may change earning rules, reverse points for deleted, ineligible, or abusive activity, adjust balances, or discontinue the program. Already-granted Supporter time from a redemption is handled as described in that help article and these Terms.

6. User Content — ownership

You retain whatever ownership rights you have in User Content you post. These Terms do not transfer copyright ownership to Spicy Friends. You are solely responsible for User Content you submit and for the consequences of posting it.

"Content" in these Terms includes, without limitation, text, emails, posts, comments, images, photos, video, audio, art, selections, lists, software interfaces, and other materials you or others provide through the Service.

7. License to Spicy Friends

So that we can operate the Service, you grant Spicy Friends a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, transcode, adapt (for formatting, streaming, or display), communicate, display, perform, distribute, and otherwise use your User Content solely to:

  • provide, secure, moderate, back up, and improve the Service;
  • share Content with service providers who process it for us (for example hosting, video encoding, and content screening), as described in the Privacy Policy; and
  • disclose Content when we reasonably believe the law requires it, or as described in the Legal Requests page.

This license ends when your User Content is deleted from the Service, except that copies may remain in backups, logs, legal holds, caches, or other members' devices until those copies are rotated or deleted in the ordinary course, and we may retain Content as required by law or to resolve disputes and enforce these Terms.

Moral rights. To the extent permitted by the Copyright Act (Canada) and other applicable law, you waive your moral rights in User Content you post, including rights of integrity and association, as needed for us to operate the Service (for example cropping, transcoding, or displaying Content next to other material or advertising). Where a waiver is not permitted, you agree not to assert moral rights against us in a way that interferes with the license above.

Personality and publicity. You grant the same limited license for names, voices, likenesses, and other personality or publicity rights in User Content you upload, but only to the extent you have the right to grant it (see Section 8).

8. Your representations and warranties about your Content

For User Content you upload, post, message, or otherwise provide, you represent and warrant that:

  • you own it or have all licenses, consents, and permissions needed to grant the license in Section 7;
  • every person depicted or whose voice is included was at least 18 years old at the time the Content was created, and you have a reasonable basis for that statement (personal knowledge or records);
  • you have obtained all required consents, including—where the Content is intimate, sexual, or otherwise sensitive—the informed consent of every depicted person to create the Content and to upload it to this Service;
  • where required by law, our documented procedures, or a payment network or acquiring partner that applies to the Service, you have recorded consent covering depiction, upload, public distribution, and downloading, and have verified and recorded the identity and adult age of every depicted person;
  • the Content is not child sexual abuse material, does not depict a minor, and does not promote sexual activity with a minor;
  • the Content is not a non-consensual intimate image, "revenge pornography," or an unauthorized sexually explicit deepfake or other synthetic likeness;
  • the Content does not infringe copyright, trademark, or other intellectual-property rights, and does not violate personality, publicity, or privacy rights;
  • the Content is not defamatory, and is not false in a way that would be unlawful; and
  • posting the Content does not violate any law or anyone else's rights.

If you cannot make these statements, do not post the Content.

Enhanced content-provider controls. These controls apply only if we notify you (including in-product) that you must complete our documented consent and age/identity process before posting sexually explicit visual Content. We may require that process where a payment network, acquiring partner, or applicable law requires documented records, or where we reasonably believe it is necessary for safety. If we have notified you, you must provide those records through the secure process we specify. The warranties in this Section apply whether or not those controls apply to you. Do not send government identification or intimate material by ordinary email.

9. Acceptable use; no commercial sex or trafficking

You will use the Service only for lawful purposes and in accordance with these Terms and the Acceptable Use Policy. The Acceptable Use Policy is the full list of prohibited content and conduct.

Without limiting that policy, you will not:

  • upload or share child sexual abuse material or any sexual content involving a person under 18;
  • disseminate intimate images or sexual content of anyone without their consent;
  • advertise, offer, or solicit prostitution, escorting, or any commercial sex act, or the exchange of money, goods, or other value for sex;
  • advertise, recruit for, or otherwise facilitate sex trafficking or the exploitation of any person; or
  • use the Service to violate 18 U.S.C. §§ 1591 or 2421A or any similar law that applies to you.

Lawful listings for events, places, groups, publications, Vendor Market, and rendezvous (for example event information, venue details, lifestyle goods or services, or social meetups) are not, by themselves, commercial sex. You still must not use a listing, message, profile, or rendezvous to advertise, offer, or solicit prostitution or sex in exchange for value.

Report suspected child sexual abuse material, trafficking, or non-consensual intimate imagery as described in Content Complaints and Appeals. Do not download or redistribute suspected child sexual abuse material.

We respond to copyright complaints, including notices intended to satisfy 17 U.S.C. § 512, as described in our Copyright Complaints page, which is part of this Agreement. That page is the source for our designated agent, notice and counter-notification requirements, Canadian notices, repeat-infringer policy, and standard technical measures.

An in-app "Copyright Infringement" report is triage only. It is not a substitute for a complete notice to [email protected].

11. Records for sexually explicit content

Spicy Friends does not produce, direct, or commission the sexually explicit User Content on the Service and does not manage performers. Members upload User Content on their own. To the extent 18 U.S.C. § 2257, 18 U.S.C. § 2257A, 28 C.F.R. Part 75, or similar record-keeping rules apply, you (the uploader) are responsible for any required records for Content you produce. Spicy Friends is not the custodian of those records for User Content.

Our public statement of that position and how to send records inquiries is on the 2257 Exemption page, which is part of this Agreement. We may still require age assurance, remove Content, or preserve material when the law requires it.

12. Monitoring and enforcement

We reserve the right—but not the general obligation to inspect every communication—to monitor activity and Content, investigate violations, remove or restrict Content, limit features, suspend or terminate accounts, block IP addresses, and cooperate with law enforcement as described in the Legal Requests page.

We review reports under the Content Complaints and Appeals process, which is the source for timing, depicted-person requests, appeals, and related record-keeping. Automated screening is a safety measure, not a guarantee that Content is lawful, consensual, accurately labeled, or free of minors.

We are not liable for Content we fail to detect or for Content we remove or decline to remove, except to the extent liability cannot be excluded.

We may review other reports between members in our discretion. We are not a general dispute-resolution service, mediator, or arbitrator of member-to-member conflicts. This does not limit the specific complaint duties we undertake in the Content Complaints and Appeals policy.

13. In-person meetings, events, and listings

The Service may help members discover other people, events, places, groups, publications, Vendor Market listings, and rendezvous. We do not conduct criminal background checks, verify identity, health, licensing, insurance, or intentions, or supervise offline meetings.

You assume the risks of interacting with other people online and in person. You are solely responsible for your safety. We recommend meeting in public places and telling a trusted person where you will be. Spicy Friends is not a party to any offline encounter, date, event, booking, or transaction between members or between a member and a third-party venue, organizer, or listing owner.

Event, place, group, publication, Vendor Market, and rendezvous information is supplied by members or third parties. We do not warrant that listings are accurate, current, complete, or lawful. Listings may advertise lawful goods, services, venues, or events. Listings and rendezvous must not advertise or solicit commercial sex (see Section 9 and the Acceptable Use Policy). Vendor Market is further described in Section 13.1. Places is further described in Section 13.2.

We may limit storage or delete Content associated with long-inactive accounts, with reasonable notice where practicable.

To the fullest extent permitted by law, you release Spicy Friends from claims arising out of disputes between you and other members or third-party organizers, venues, listing owners, or anyone they represent, including claims about a Vendor Market listing or a good, service, or other offering obtained through one, and claims about a Place listing or a visit to a listed location. This release does not limit rights that cannot be waived.

13.1 Vendor Market

The Service may include a Vendor Market directory. Members who are permitted to do so may create a listing for a business they are authorized to represent and may describe goods, services, events, and other lawful offerings (including optional prices, photos, location, service area, and contact details). Other members may browse listings, read member reviews, and contact a listing owner through the Service or using contact information the listing owner chose to publish.

Directory only. Vendor Market is a listing and discovery tool. Spicy Friends:

  • does not sell, resell, manufacture, supply, inspect, test, certify, or guarantee any listed good, service, event, or other offering;
  • is not a party to any contract, booking, purchase, hire, or other transaction between a member and a listing owner or anyone they represent;
  • does not process, collect, hold, or escrow payment for listed offerings, and does not take a commission or other fee on those transactions;
  • does not ship, fulfill, install, perform, or provide customer service for listed offerings; and
  • does not act as agent, broker, insurer, employer, joint venturer, or professional referral service for listing owners.

Any purchase, booking, payment, shipping, return, warranty, tax, licensing, or professional-services relationship is solely between you and the listing owner (or their business), occurs off the Service (even if you first made contact on the Service), and is at your own risk. The Store and Membership Terms, Returns, Refunds, and Cancellations Policy, and Shipping and Delivery Policy apply only to purchases from Spicy Friends. They do not apply to Vendor Market listings or to transactions with listing owners.

No verification or endorsement. We do not warrant that a listing owner is a legitimate, licensed, insured, or solvent business; that they are who they claim to be; that listed goods, services, events, or other offerings exist, are as described, are safe, lawful, authentic, fit for purpose, or of any particular quality; or that prices, availability, credentials, qualifications, or reviews are accurate or current. Rankings, categories, maps, visibility, "approval," or any voluntary review we perform—including with automated tools—are not a certification, background check, inspection, or endorsement.

Member reviews of listings or items are User Content. We do not verify that a reviewer purchased, booked, or used the offering.

Your safety and due diligence. You are solely responsible for deciding whether to contact a listing owner, meet them, pay them, or receive goods, services, or other offerings from them. Use the same caution you would with any stranger or unvetted business. That includes health, wellness, beauty, trades, professional services, adult products, events, and in-person work. Hosting a listing is not medical, legal, financial, or other professional advice from Spicy Friends, and is not a referral you should rely on in place of your own inquiries.

If you pay a listing owner, send money or personal information, travel, or take delivery, you assume the risk of fraud, non-performance, defective or unsafe offerings, professional negligence, injury, and similar loss. We are not a mediator, escrow, or collections agent for those disputes.

Listing owners. If you create or manage a Vendor Market listing or item, you represent and warrant that:

  • you are the business or have authority to list it;
  • the listing and items are accurate and not misleading;
  • you have the legal right to offer what you list, including any required licenses, permits, consents, and intellectual-property rights;
  • you will not list anything prohibited by Section 9 or the Acceptable Use Policy (including commercial sex, trafficking, counterfeit or stolen goods, weapons, controlled substances, or non-existent goods);
  • you—not Spicy Friends—are the seller or service provider (or you clearly identify who is), and you are responsible for consumer-protection, product-safety, advertising, tax, professional-licensing, age-restricted sales (including not supplying adult products or services to anyone under 18), complaints, refunds, and warranties that apply to your offering; and
  • contact details, links, and location you publish are yours to publish and will not be used to spam members.

You will handle disputes with members yourself. We may still remove listings, restrict features, or suspend accounts as described in Section 12.

13.2 Places

The Service may include a Places directory of locations (for example clubs, resorts, beaches, camping, and other spots members choose to list). Members who are permitted to do so may create a listing with a name, description, category, photos, map location (which may be approximate rather than exact), optional phone number or website links, and similar details. Other people may browse listings, read member reviews, and decide whether to visit.

A listing is not the venue. The member who creates or manages a Place listing is the listing manager on the Service. That role does not mean they own, lease, operate, or speak for the location. We do not verify any relationship between a listing manager and the real-world venue, landowner, or business.

Directory only. Places is a member-supplied discovery tool. Spicy Friends:

  • does not own, operate, inspect, license, insure, or manage listed locations;
  • does not warrant that a location is legitimate, of good standing, open, public, safe, accurately mapped, or as described;
  • does not grant anyone permission or an invitation to enter any property; and
  • is not a party to any visit, booking, cover charge, membership, or other arrangement with a venue.

No verification or endorsement. Rankings, categories, maps, visibility, "approval," Supporters-only labels, or any voluntary review we perform—including with automated tools—are not a certification, inspection, or endorsement. Member reviews are User Content. We do not verify that a reviewer visited the location.

Supporters-only (or similar) visibility is only an access setting on the Service. It does not mean the real-world location is private, exclusive, members-only, secret, or safe, and it is not a promise that the listing will stay confidential.

Your visit is at your own risk. You are solely responsible for deciding whether to rely on a listing or to go to a listed location. Listings can be wrong, outdated, closed, unsafe, privately owned, or not open to visitors. You must obey applicable law and the rights of property owners, including hours, fees, dress or conduct rules, and trespass. We do not invite you onto any property. Use the same caution you would with any unverified location you found online.

Listing managers. If you create or manage a Place listing, you represent and warrant that:

  • you will not imply that you own or operate the location, or that the listing is official, unless you actually have that authority;
  • the listing is accurate and not misleading to the best of your knowledge;
  • you have the right to publish the photos, names, contact details, and other material you submit;
  • you will not list anything prohibited by Section 9 or the Acceptable Use Policy (including commercial sex, trafficking, or another person's personal information without consent); and
  • map pins, "near" locations, and addresses you publish will not be used to harass, dox, or spam.

You will handle disputes about your listing yourself. We may still remove listings, restrict features, or suspend accounts as described in Section 12.

The Service may contain links to third-party websites or resources. We are not responsible for their availability or content and do not endorse them. Use of linked sites is at your own risk.

15. Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of your information as described there.

15.1 Electronic communications (CASL)

You consent to receive transactional or relationship electronic messages we need to operate the Service. Commercial electronic messages are sent only with consent required under Canada's Anti-Spam Legislation (CASL) and similar laws, as described in the Privacy Policy. Withdrawal of commercial-message consent does not stop transactional messages needed to operate your account.

16. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPICY FRIENDS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free; that User Content is accurate or lawful; that other members are who they claim to be; that Vendor Market listings, listing owners, or listed goods, services, events, or other offerings are legitimate, licensed, safe, or of any particular quality; or that Place listings or listed locations are legitimate, of good standing, open, public, safe, or accurately described.

17. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SPICY FRIENDS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICE, USER CONTENT, VENDOR MARKET LISTINGS OR TRANSACTIONS, PLACE LISTINGS OR VISITS, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SPICY FRIENDS FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

These limitations do not limit your indemnification obligations. They do not exclude or limit any liability that cannot be excluded under applicable law, including (where they apply) the Consumer Protection Act, 2002 (Ontario), the Consumer Protection Act (Quebec), and other non-waivable rights.

If a jurisdiction does not allow a particular exclusion, that exclusion applies to the maximum extent permitted, and the remainder of this Section stays in effect.

18. Indemnification

You will indemnify, defend, and hold harmless Spicy Friends and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees and investigation costs) arising out of or related to:

  • your User Content or your use of the Service;
  • your Vendor Market listings or items, or any transaction, dispute, or claim between you and another member or third party relating to a Vendor Market listing (including listed goods, services, events, or other offerings);
  • your Place listings, or any visit, dispute, or claim relating to a Place listing or a listed location;
  • your violation of these Terms or the Acceptable Use Policy;
  • your violation of any law or of any intellectual-property, personality, publicity, privacy, or other rights of another person;
  • defamation, non-consensual intimate imagery, unauthorized deepfakes, or age-related claims concerning Content you provided; or
  • any claim that your conduct constituted or facilitated trafficking, commercial sex, or similar unlawful activity.

We may assume exclusive defense and control of any matter subject to indemnification. You will cooperate. You will not settle a claim that imposes an obligation on us without our prior written consent. This Section survives termination of your account and of these Terms.

19. Dispute resolution

19.1 Informal resolution

Before filing a claim, you agree to contact [email protected] with a description of the dispute and the relief you seek. We will try to resolve the dispute informally. If it is not resolved within thirty (30) days after we receive a complete notice, either party may proceed under Section 19.2 or 19.3.

19.2 Small claims

Either party may bring an individual claim in the Small Claims Court of Ontario (or the equivalent small-claims court in your Canadian province of residence) within that court's then-current monetary limit, instead of arbitration.

19.3 Arbitration (where allowed)

Except where prohibited (see Section 19.5), any dispute, claim, or controversy arising out of or relating to the Service or these Terms that is not resolved informally or in small claims court will be resolved by binding individual arbitration, not in court.

  • Seat and rules. The seat of arbitration is Toronto, Ontario, Canada. The arbitration will be administered under the Arbitration Rules of the ADR Institute of Canada (or, if those rules cannot be applied, the Arbitration Act, 1991 (Ontario)). The language will be English, or French if you are a consumer residing in Quebec and you request French.
  • Arbitrator. There will be one arbitrator. The arbitrator may award any relief available in court on an individual basis, except that the arbitrator may not award relief that would affect other members unless the law requires it.
  • Fees. For an individual claiming as a consumer, we will pay the filing and administrative fees of the arbitration if your claim is for less than CAD $10,000, unless the arbitrator finds the claim was filed in bad faith. Each party bears its own legal fees unless the arbitrator awards them under applicable law.
  • Confidentiality. The arbitration and any award will be confidential except as needed to enforce the award or as required by law.
  • Injunctive relief. Either party may seek temporary or permanent injunctive or other equitable relief in the courts specified in Section 20 to stop unauthorized use of intellectual property, User Content that appears unlawful, or a security threat, without first completing informal resolution or arbitration.

19.4 Individual proceedings

Where the law allows, you and Spicy Friends agree to bring claims 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 claims of more than one person or preside over any form of representative proceeding unless both parties agree in writing.

19.5 Quebec, Ontario, and other non-waivable rights

Nothing in this Section requires a consumer in Quebec to arbitrate or to waive a class action. Any such requirement is void to the extent it conflicts with section 11.1 of the Consumer Protection Act (Quebec).

Nothing in this Section waives rights that cannot be waived under the Consumer Protection Act, 2002 (Ontario) or other mandatory law. If a court or arbitrator finds that arbitration or a class-proceeding limitation cannot be enforced as to a particular claim or person, that claim will proceed in court under Section 20, and the rest of this Section remains in effect.

If you are not permitted to agree to arbitration, you may bring an individual claim in the courts specified in Section 20 after the informal process in Section 19.1 (unless a statute says you need not).

20. Governing law and courts

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-law rules that would apply another jurisdiction's laws.

Subject to Section 19, the courts of Ontario sitting in Toronto have exclusive jurisdiction, except that we may seek injunctive relief in any jurisdiction where harm is occurring. If arbitration does not apply to you, you and we consent to that venue.

21. Changes to these Terms

We may modify these Terms by posting an updated version on the Service and updating the effective date and policy_version. For material changes that require a new acknowledgement, we also update min_acceptance_version and will use reasonable efforts to notify you (for example by email, in-product notice, or requiring re-acceptance before you continue). Minor updates bump policy_version only. The current version is always at Terms of Use.

If a change is unacceptable, stop using the Service and, if you wish, delete your account. Continued use after the updated Terms are posted constitutes acceptance, except where the law requires a different method of consent (including where we require a new acknowledgement).

We may change or discontinue the Service at any time.

22. General

  • Entire agreement. These Terms, the documents incorporated by reference, and any additional terms we present for a specific feature, are the entire agreement between you and us about the Service and supersede prior agreements about the same subject.
  • Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed. The rest remains in effect.
  • Waiver. A failure to enforce a provision is not a waiver. Waivers must be in writing.
  • Assignment. You may not assign these Terms without our consent. We may assign them in connection with a reorganization, merger, or sale of assets.
  • No third-party beneficiaries. These Terms do not create rights in any third party, except that indemnified persons may enforce Section 18.
  • Relationship. You and Spicy Friends are independent. These Terms do not create a partnership, joint venture, or employment relationship.
  • Spicy Friends intellectual property. The Service, our name, logos, and other marks are our property or our licensors'. These Terms do not give you a license to use them except as needed to use the Service. You will not imply that we sponsor, affiliate with, or endorse you.
  • Feedback. If you send ideas or suggestions, you grant us a perpetual, worldwide, royalty-free license to use them without compensation or confidentiality, except where we agree otherwise in writing. You represent that you have the right to grant that license.
  • Survival. Sections that by their nature should survive termination (including 3, 6–11, 13, 15.1, and 16–22) will survive.
  • Force majeure. We are not liable for delays or failures due to events beyond our reasonable control.
  • Headings. Headings are for convenience only.
  • Language. The parties have requested that these Terms and related documents be drawn up in English. Les parties ont exigé que la présente convention et les documents connexes soient rédigés en anglais. If we provide a translation, the English version controls except where local law requires otherwise.

23. Contact

By using Spicy Friends, you acknowledge that you have read, understood, and agree to be bound by these Terms.