Activ8 Insights

Subscriber Agreement

Last updated: April 1, 2026

This Subscriber Agreement (this “Agreement”) is between you, as an individual (“you”), and Activ8 Finance, LLC, a New Mexico limited liability company (“Activ8”, “we”, “us”, and “our”). Group and business subscribers are governed by the terms set forth in the applicable purchase order or other agreement with Activ8.

You agree to this Agreement, including any separate agreements and policies incorporated herein by reference, by selecting “Agree & Continue” or any other industry standard mechanism used by us during the subscription registration process. If you do not agree to this Agreement, then you may not use the Dashboard (as defined below).

Subscriptions are open to individuals who are at least the minimum legal age to enter into a contract in their country of residence. Subscriptions are personal and, to the extent permissible under applicable law, cannot be resold or transferred. Users in certain jurisdictions outside the United States should refer to Section 4 below for additional information about your rights relating to your use of our services.

By using the Dashboard, including accessing activ8insights.com (the “Website”), you are agreeing to our Terms of Use. Please see our Privacy Policy to understand how we handle your personal information.

1. GENERAL TERMS

1.1. Definitions.

In addition to any terms defined elsewhere in this Agreement, the terms below shall have the following meanings:

  1. “Content” means the electronic works and copyrighted materials created, published, produced, or otherwise offered by us, including, without limitation, news, reports, stories, research, analyses, images, and graphics.
  2. “Dashboard” means the digital platform hosting our Content, which includes limited and/or exclusive Content, and may be modified from time to time, in the sole and absolute discretion of Activ8.
  3. “Force Majeure Event” means an act of God, war, terrorism, riot, pandemic, government shutdown, embargo, acts of civil or military authority, fire, flood, natural disaster, strikes or shortages of transportation, labor, fuel, facilities, energy, or material, or any other act outside of the reasonable control of a party.
  4. “Subscriber Account” means the unique account created by you on our Website with a paid, active Subscription, which contains your information, including, without limitation, personal identifying information, billing and payment information, your Subscription, and your contact information.
  5. “Subscription” means the temporary license granted to you to access and use the Dashboard, as further described in Section 1.2.

1.2. Subscription License

  1. You agree and acknowledge that the Subscription is a license and this Agreement is not an agreement for the sale or assignment of any rights in the Content or Dashboard. Your ability to download and access any Content does not create an ownership interest in such Content. The Content, including the copyrights, trademarks, service marks, trade names, trade dress, and all other intellectual property rights in the Content, are owned by Activ8, and its affiliates, and is protected by the copyright laws of the United States, as well as other intellectual property laws and treaties.
  2. License. For the duration of your Subscription, we grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to access the Dashboard for personal, non-commercial use in accordance with the terms of this Agreement, our Terms of Use, and any additional terms that may be presented to you at the time of your purchase, and as may be presented to you from time to time thereafter. Your license to the Dashboard has no cash value, cannot be exchanged for real money, real goods, or real services. If you close your Subscriber Account, (i) you will lose access to the Dashboard, and all Content available thereon, and (ii) you will not receive a refund or other value for any remaining duration under your Subscription, unless required by law. All rights and title in the Content not expressly granted to you are reserved. If you violate any applicable terms, your Subscription will immediately terminate, and we may take other action. We reserve the right to change, remove, revoke, limit, or modify any Content at any time without any liability to you.
  3. Restrictions. For the duration of your Subscription, and for the indefinite period thereafter, subject to applicable laws, you shall not do, or permit, cause, or solicit another person to do, any of the following without our express written permission: Circumvent or disable any content protection system or digital rights management technology used in connection with the Dashboard to control access to the Content; Copy, replicate, or reproduce the Content (except as may be expressly permitted by this Agreement); Create derivatives of the Dashboard, and any of the components, parts, or updates thereof, or derivative works of the Content; Engage in any of the forgoing in connection with any use, creation, development, modification, prompting, fine-tuning, training, testing, benchmarking, or validation of any artificial intelligence or machine learning tool, model, system, algorithm, product, or other similar technology (collectively, “AI Tool”); Move, decompile, reverse-engineer, disassemble, or otherwise reduce to human-readable form the Dashboard and/or underlying technology, mechanisms, devices, or other protection and control measures incorporated therein; Modify the Dashboard, including, without limitation, by removing identification, copyrights, or other proprietary notices from the Content; Access or use the Dashboard in a manner that suggests an association with us, our services, or our brand; Use the Dashboard and/or Content for any commercial or business-related use or in any commercial establishment or to build a business that utilizes the Content and/or Dashboard, or engage in any activity that enables a third party to undergo any of the foregoing; Bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the Dashboard, including using any technology or technique to obscure or disguise your location when you are accessing the Dashboard; Index, frame, embed, or link to the Dashboard in a manner not authorized by us, or to collect information about other users, subscribers, and/or accountholders for the purpose of sending, facilitating, or encouraging unsolicited bulk or other communications; Access, monitor, copy, or extract the Dashboard using a robot, spider, script, or other automated means, including, for the avoidance of doubt, for the purposes of creating or developing any AI Tool, data mining, or web scraping, or otherwise compiling, building, creating, or contributing to any collection of data, data set or database (other than for a public search engine’s use of spiders for creating search indices to the extent not disallowed by us, including through the applicable robots.txt files or NOINDEX or NOFOLLOW meta-tags); Remove, modify, disable, block, obscure, or otherwise impair any advertising in connection with the Dashboard; Damage, disable, overburden, or impair the Dashboard, including by introducing viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; Use the Dashboard in any unlawful manner (whether criminal or civil), for any unlawful purpose, or in any manner inconsistent with this Agreement, including in a manner that would violate our Privacy Policy or the rights of any third parties or otherwise interfere with any other person’s use and enjoyment of the Dashboard; or Share your login credentials or account with third parties other than as may be expressly permitted in this Agreement.
  4. Conditions. Each of the restrictions in Section 1.2.c. are a condition to your Subscription and the grant of the license. Any actual or attempted violation of the restrictions is a violation of this Agreement.
  5. Dashboard Unavailability. It is s possible that the Dashboard, and/or some or all Content may not be available at any given time including (i) during any maintenance or update periods; (ii) any power or server outages; (iii) as a result of a Force Majeure Event; (iv) technical issues with Content delivery; or (v) as a result of other matters beyond the control of us or third parties. We will take reasonable efforts to provide you with as much prior notice as possible; however, we shall have no liability to you in such event. There may be times when we have to remove certain features or functionality and/or devices or platforms from being able to access the Dashboard. We will do our best to let you know of any of these changes, usage rules, and restrictions, but you agree and acknowledge that we may do so in our sole and absolute discretion at any time without notice. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of the Dashboard, although if you are a subscriber and we suspend or discontinue your Subscription, we may, in our sole and absolute discretion, provide you with a credit, refund, discount, or other form of consideration. However, if we terminate your Subscriber Account or suspend or discontinue your access to the Dashboard due to your violation of this Agreement, then you will not be eligible for any such credit, refund, discount, or other consideration.

1.3. Subscription Processing and Payment.

  1. We will process your Subscription purchase as promptly as possible. There may be a delay in the activation of your Subscriber Account while payment details are verified. We accept major credit cards, and other payment methods like certain digital wallet services made available during the purchase process. Accepted payment methods may vary based on your location. We reserve the right to reject any order or purchase at any time. By providing payment information to us, you agree that the payment information is valid. If your initial payment authorization is later revoked, your Subscription or access will be terminated. You may us, if you believe your access was terminated in error. Unless expressly specified otherwise in this Agreement, all charges are nonrefundable. You may view or change your payment method in your Subscriber Account. All fees are payable in accordance with the payment terms in effect when the fees become payable.
  2. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to the services. The disbursement of the updated credit card information is provided to us at the election of your credit card issuer. We are not responsible for the distribution of your updated credit card information. Your credit card issuer may give you the right to opt out of the updated service. It is your responsibility to contact your credit card issuer regarding your right to opt out of the updated service.
  3. In certain circumstances, including in certain jurisdictions, we may use a third-party payment processor (“Third Party Payment Processor”) to bill you through a payment account linked to your Subscriber Account on the Dashboard for your Subscription fees. The processing of payments will be subject to the terms, conditions, and privacy policies of the Third Party Payment Processor in addition to this Agreement. We do not endorse, verify, or monitor the services and/or products offered by such Third Party Payment Processors and the contents displayed on the websites of such Third Party Payment Processors. We are not providing any representations, warranties, or undertaking any contractual covenants on the quality of service provided by any Third Party Payment Provider to you. By signing up for your Subscription, you agree to pay us, through the Third Party Payment Processor, all charges at the prices then in effect you’re your Subscription in accordance with the applicable payment terms, and you authorize us, through the Third Party Payment Processor, to charge your chosen payment provider (for example, a credit or debit card you provide) (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Third Party Payment Processor makes even if it has already requested or received payment.

1.4. Billing and Subscriptions

  1. Term. When you purchase a Subscription, you are subscribing to an automatically renewing term requiring recurring payments at your chosen frequency (e.g., monthly or annually) until you cancel your Subscription as set forth in this Agreement. You authorize us to charge your first Subscription fee and any applicable taxes on or after the date you purchase your Subscription. Your Subscription will automatically continue at the selected interval, and you will continue to be charged at the stated price (including any applicable taxes), unless prior to the end of the current Subscription period: (i) you terminate your Account; (ii) you cancel your Subscription in accordance with this Agreement; (iii) we decline to renew your Subscription; or (iv) this Agreement is otherwise properly terminated as expressly permitted herein. Further details regarding cancellation are included in Section 2 below. As noted below, we may change Subscription terms or Subscription fees at any time on a go forward basis in our sole and absolute discretion.
  2. Changes to Subscriptions, Content, and Dashboard. We may change the terms and/or fees for our subscription offerings at any time on a go forward basis in our sole and absolute discretion. If the pricing for your Subscription increases, we will notify you and provide you an opportunity to cancel or change your Subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole and absolute discretion to add, modify, or remove benefits and features from a subscription, any available Content, or the Dashboard on a temporary or permanent basis. If you do not wish to continue subscribing with the new modifications, you may cancel your Subscription. Your failure to cancel your Subscription or your continued use of our Dashboard after the changes become effective will constitute your acceptance of the changes. If you accept the new Subscription, its terms and conditions will apply for that renewal and all renewals going forward.
  3. Unpaid Charges. If any fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your access to the Dashboard or cancel your Subscription. If your credit card expires or your payment method is otherwise invalid, we do not automatically terminate your Account and you will remain responsible for all charges and uncollected amounts incurred. We may decide, in our sole and absolute discretion, to terminate your Subscription and/or suspend your Account for any unpaid fees. In addition, we reserve the right to collect from you all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees, and any other associated expenses.

1.5. Promotions.

We may offer promotions. The specific terms of each promotion are stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined. You may only be permitted to use one free trial or promotional rate offer. If your Subscription is ever canceled or terminated for any reason and you subsequently purchase an additional subscription, we reserve the right to verify and deny your eligibility for a free trial or promotional rate offer.

1.6. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY—YOU ARE AGREEING TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING, INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

There may be instances in which disputes arise between us. You, on the one hand, and we, on the other hand, agree to resolve, by binding, individual arbitration, all Disputes except for: (i) any claim within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action; and (ii) any dispute relating to the ownership or enforcement of intellectual property rights.

“Dispute” includes any claim, dispute, action, or other controversy, whether based on past, present, or future events, whether based in contract, tort, statute, or common law, between you and us concerning this Agreement, or this exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or the formation of this contract, including, without limitation, the arbitrability of any dispute, and any claim that all or any part of this Agreement is void or voidable.

YOU HEREBY AGREE TO VOLUNTARILY WAIVE CLASS ACTION PROCEDURES.

No party will seek to have a dispute heard as a class action or private attorney general action or in any other proceeding in which any party acts or proposes to act in a representative capacity. You and we agree not to, and expressly waive any right to, file a class action or seek relief on a class basis. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the applicable arbitrations or proceedings. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead, all Disputes will be resolved in a court.

a. Small Claims Court. Subject to applicable jurisdictional requirements, you or we may elect to pursue a Dispute in a local small claims court rather than through the informal dispute resolution process described below or arbitration, so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand, the other party may, in its sole discretion, inform the arbitral forum that it chooses to have the Dispute heard in small claims court. At that time, the arbitral forum will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent. b. Informal Dispute Resolution. In the event of a Dispute, you and we agree to attempt to avoid the costs of formal dispute resolution by giving each party a full and fair opportunity to address and resolve the Dispute informally. Except for those Disputes eligible to be resolved in small claims court, the claiming party must send to the other party a notice of a Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, detailed factual information sufficient to evaluate the merits of the claiming party’s individualized claim, and the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. You must send any notice of a Dispute to:

Activ8 Finance, LLC Attn: Legal 1209 Mountain Road Pl NE Ste N Albuquerque, New Mexico 87110

We will send any notice of a Dispute to you at the contact information we have available for you in connection with your Subscriber Account. You and we will attempt to resolve a Dispute through informal negotiation within sixty (60) days beginning from the date the notice of a Dispute is sent. This informal negotiation requires an individual meet–and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and us (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to individually participate. We will participate in the Conference through one or more representatives, which may include our counsel. After the end of the sixty (60) day informal negotiation period and not before, and only after the completion of the Conference with respect to a Dispute, you or we may commence an arbitration proceeding regarding that claim. Nothing in this paragraph is intended to prohibit the parties from engaging in informal communications to resolve the initiating party’s claims before, during, or after any Conference or filing in small claims court. Each party agrees that a court may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.

c. Arbitration Process and Rules. If you and we do not resolve a Dispute by informal negotiation or in small claims court, the dispute shall be resolved by binding arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, and not state law, governs the interpretation and enforcement of this arbitration agreement. Any demand for arbitration must be filed with ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM”) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with this Agreement. The arbitration will be conducted by a single, neutral arbitrator.

Arbitration may be conducted in person, through the submission of documents, by phone, or online. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in either Albuquerque, New Mexico or Boston, Massachusetts, whichever is more convenient for you; provided, however, that if you can demonstrate that arbitration in either location would create an undue burden to you, the arbitrator may hold an in-person hearing in your hometown area. You agree to submit to the exclusive jurisdiction of the federal or state courts located in either Bernalillo County, New Mexico or Suffolk County, Massachusetts, whichever is more convenient for you, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator may award damages to either party individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy such party’s individual claim. d. Fees. If we initiate an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration, you will be responsible for the nonrefundable initial filing fee and other applicable fees. If the arbitrator finds that either the substance of a claim or the relief sought violate the representation requirements of Federal Rule of Civil Procedure 11, to the extent permitted by law, the arbitrator shall have the same power to award sanctions consistent with that rule e. Settlement Offers. At least ten (10) calendar days before the date set for an arbitration hearing with respect to a Dispute, you or we may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer. f. Survival. This arbitration agreement will survive the termination of your relationship with us, including any revocation of consent or other action by you to end your Subscription or any communication with us. g. Opt-out. You may opt out of this arbitration agreement via mail. If you do so, neither party can force the other party to arbitrate. To opt out, you must notify us in writing no later than thirty (30) calendar days after first becoming subject to this arbitration agreement; otherwise you shall be bound to arbitrate any Dispute on a non-class basis in accordance with this Agreement. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your opt-out notice must include your name and address, the email address you used to set up your Subscriber Account, and an unequivocal statement that you want to opt out of this arbitration agreement (and, if applicable, that you want to opt out of the class action waiver). You must mail your opt-out notice to Activ8 Finance Opt-Out, 1209 Mountain Road Pl NE, Ste.N, Albuquerque, New Mexico, 87110. For clarity, opt-out notices submitted via email will not be effective h. Confidentiality. The terms, information, procedures, and all other correspondences relating to any Dispute, the arbitration or dispute resolution process (including any filings in small claims court) will be considered confidential information. Neither party shall use or disclose the information relating to the aforementioned without the express written consent of the other party.

1.7. Content Subjectivity.

The Content may contain information, images, or other material that you find offensive, explicit, objectionable, or otherwise disagreeable. We do not guarantee that you will agree with all of the Content provided. You acknowledge these risks and agree that we are not liable for any reactions you may have to the Content.

1.8. Export Controls.

Software and the transmission of technical data, if any, in connection with your use and access of the Dashboard and Content, are subject to US export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside.

1.9. Force Majeure Event.

Neither party shall be liable for any delay or failure to perform an obligation under this Agreement resulting from a Force Majeure Event.

1.10. Third Party Software.

We may utilize third-party software in connection with the Dashboard and your use of the Dashboard may be subject to additional terms or end user license agreements with such third-party software (collectively, “Third Party Software”). We are not responsible for any claims you may have related to the Third Party Software. However, you agree to be bound by any Third Party Software we utilize and to comply with the terms of such Third Party Software. If you have any questions about the Third Party Software, you are advised to contact the provider of the Third Party Software..

1.11. Choice of Law.

This Agreement is governed by and construed in accordance with the laws of the State of New Mexico and the laws of the United States, without giving effect to any conflict of law principles.

1.12. Electronic Notifications.

You consent to receive notifications from us electronically to the email address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

1.13. Severability.

If any section of this Agreement is deemed invalid, void, or for any reason unenforceable, that section will be deemed severable and will not affect the validity and enforceability of any remaining sections.

1.14. Entire Agreement.

This Agreement, the Terms of Use, and any other special terms constitute the sole and entire agreement between you and Activ8 and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

2. CANCELLATION AND REFUND POLICY

a. Cancellation and Refunds of Subscriptions. When you cancel a Subscription, you cancel only future charges associated with your Subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current Subscription period. In order to avoid future charges, you must cancel your Subscription prior to the end of your current Subscription period. If you cancel prior to the deadline, you will not be charged for the next period under your current Subscription. For subscriptions that are canceled within a free trial period, your cancellation will become effective immediately; for all other subscriptions your cancellation will become effective at the end of your current subscription period, and you will continue to have access to your Subscription for the remainder of the Subscription period.

EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE, and if you cancel your Subscription, you are not entitled to receive any refund or credits for the time remaining in your Subscription period. Except as otherwise stated in this Agreement or as required by applicable law, you will continue to have the same access and benefits of your Subscription for the remainder of your current Subscription period. We reserve the right to issue refunds or credits at our sole and absolute discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. If we are unable to refund money to your original payment method (e.g. if the refund authorization is declined), we reserve the right to refund you via other means (e.g., check, gift card, or digital credit) in our sole and absolute discretion.

b. Suspensions or Cancellations by Us. Without limiting any other remedies, we reserve the right to suspend or terminate your Subscription or a portion thereof for any reason, with or without notice and without further obligation. If we cancel your Subscription, we may give you a pro-rated refund based on the amount of time remaining that you cannot use. However, we will not be obligated to grant you a refund if we terminate your Subscription because we determine, in our sole and absolute discretion, that your access or use of the Dashboard violate this Agreement or our Terms of Use, any applicable law, or has harmed us, the Dashboard, or another user. If any portion or all of our Dashboard is temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole and absolute discretion.

c. Free Account. Upon cancellation of your Subscription, your Subscriber Account will be de-activated and your user account will be transitioned into a free account, without access to the Dashboard and access only to limited Content; provided, if your Subscription is terminated or canceled for a violation of this Agreement, our Terms of Use, or our Privacy Policy, we may terminate or suspend your free account and restrict your ability to create another free account to access our Website.

d. Expiration of Pro-Rated Credits. If you cancel your Subscription prior to using all of any issued pro-rated credit, then you will no longer have access to any unused portion of that credit.

3. CHANGES TO THIS AGREEMENT.

We may, from time to time, change the terms of this Agreement. When such changes are made, we will make a copy of the new Subscriber Agreement available to you on our website. If you do not cancel your Subscription after the changes become effective, you agree to the changed terms.

4. ADDITIONAL TERMS FOR USERS IN CERTAIN JURISDICTIONS

a. To the extent this Section 4 is in conflict or inconsistent with other provisions contained in this Agreement, this Section 4 governs. All parts of this Agreement and the Terms of Use apply to the maximum extent permitted by applicable law. However, you may have greater rights in your jurisdiction of residence. If, in any jurisdiction, any provision of this Agreement and the Terms of Use or their application to any party or circumstance is restricted, prohibited, or unenforceable, that provision will, as to that jurisdiction, be ineffective only to the extent of the restriction, prohibition, or unenforceability without invalidating the remaining provisions of this Agreement and the Terms of Use, and without affecting the validity or enforceability of such provision in any other jurisdiction or affecting its application to other parties or circumstances. b. Certain users may have a legal right to cancel their Subscription and obtain a refund. The extent of this legal right depends on the laws in the jurisdiction where you reside and the type of subscription you purchased. Notwithstanding anything to the contrary in this Agreement or the Terms of Use: i. the governing law applicable to this Agreement or the Terms of Use will be the applicable laws of your province or territory of residence, and this Agreement and the Terms of Use shall apply to you only insofar as they are enforceable under the applicable laws of the province or territory in which you reside; ii. subscriptions are open to individuals who have reached the age of majority in their province or territory of residence and who are located in provinces or territories where we allow purchases of subscriptions; iii. subject to applicable law, subscriptions are renewed automatically; iv. except where prohibited by applicable law, and unless specified otherwise in this Agreement, all charges are nonrefundable; v. the disclaimers, exclusions, limitations of liability, and choice of law provisions under this Agreement and Terms of Use will only apply to the extent such provisions are not prohibited by applicable laws, including any consumer protection legislation in effect in your province or territory of residence; and vi. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THE DASHBOARD AND ALL DOWNLOADABLE CONTENT, APPLICATIONS, DATA, AND COMPUTER PROGRAMS ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE DASHBOARD IS AT YOUR SOLE RISK. c. Residents of the European Union and United Kingdom i. Right to Withdraw. You have a right to withdraw from subscriptions within a certain time frame. The time frame is set forth below. Upon cancellation during the applicable time frame, we will provide a full refund of payments received from you in relation to the subscription being canceled. You have a right to withdraw from subscriptions for digital products within fourteen (14) days of the date on which you purchase the initial subscription term. You agree at the time of purchase that we may immediately provide you with the digital product and that you lose your right to withdraw for a full refund. Your cancellation of the digital products will become effective immediately. ii. Limitation of Liability for Residents of Germany. Any liability of Activ8, its subsidiaries, and affiliated companies, as well as its and their respective managers, officers, directors, employees and agents (the “Released Parties”) irrespective of its legal basis is limited to cases of intent or gross negligence. In cases of slight negligence, the Released Parties are only liable if essential contractual obligations are breached. Essential contractual obligations are obligations, the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and which you regularly trust to be observed. In this case, the liability is limited to damages which are typical and foreseeable. The Released Parties are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability do not apply in the case of personal injury or death. Liability under the German Product Liability Act remains unaffected. d. Residents of Canada i. Changes to Agreement. Section 3 above is amended to state: “If you do not cancel your Subscription after the changes become effective, you agree to the changed terms. Any such change will be effective thirty (30) days following the dispatch of a notice to you by any contact method we have for you, such as the email address you have registered for your account, in addition we will post the change on the Website and, where required by law, the notice will set out the new section, or the modified section and how it read formerly, and the date on which the change will come into effect. Where required by applicable law we will also include an opportunity for you to acknowledge your agreement and acceptance of any such change to this Agreement. Unless you have provided your consent to the change, if the change entails an increase to your obligations or a reduction of our obligations, you may refuse the change and terminate this Agreement without cost, penalty, or cancellation indemnity by sending us a notice to that effect no later than 30 days after the change comes into force.” ii. Place of the Contract. Digital products will be provided at the address provided during the purchase process. For residents of all provinces and territories other than Quebec, the law of the province in which you reside will apply to this Agreement and Terms of Use. iii. Right to Cancel for Québec Residents. You have a right to obtain a pro-rata refund when you cancel your Subscription during the middle of a billing period. Your right to a refund is subject to our right to charge you a cancellation fee equal to the value of the economic inducement of your Subscription less the amount we actually received from you for your Subscription. e. Residents of Australia and New Zealand. Sections 4.e.i. through 4.e.vii. below relate to residents of Australia and/or New Zealand. i. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY, THE DASHBOARD AND CONTENT ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; AND ALL WARRANTIES AND CONDITIONS THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, CUSTOM OR COMMON LAW ARE EXPRESSLY EXCLUDED FROM THESE TERMS, AND DO NOT APPLY WITH RESPECT TO THE SERVICES PURCHASED IN ACCORDANCE WITH THIS AGREEMENT. ii. Consumer Guarantees and Obligations Imposed on Activ8; Limitation of Liability. Certain legislation in Australia provides consumer guarantees or imposes obligations on us that cannot be excluded, restricted or modified, or only to a limited extent. In particular, if you buy goods or services from us as a consumer, the goods or services come with consumer guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) which cannot be excluded, restricted or modified. This Agreement is subject to such legislation. If you reside in New Zealand, nothing in this Agreement is intended to limit, exclude, restrict or otherwise affect your rights and remedies under the Consumer Guarantees Act 1993, and this Agreement is subject to such legislation. To the extent permitted by applicable law, and subject to any such non-excludable right or remedy, Activ8 is not liable to you for any loss or damage incurred by you in connection with your Subscription, whether direct, consequential, special, indirect, or other loss or damage except to the extent such loss or damage is caused by the act or omission of us. To the extent permitted by applicable law, our maximum liability to you is limited to the value of your Subscription fees actually paid within the previous twelve months. iii. Goods and Services Tax. Unless otherwise stated, charges referred to for any goods or services supplied (or offered for supply) includes any GST that Activ8 is required to pay on the supply of goods and services to you. GST means the Goods and Services Tax levied in Australia under A New Tax System (Goods and Services Tax) Act 1999 or the Goods and Services Tax levied in New Zealand under the Goods and Services Tax Act 1985 (as applicable). iv. How we may exercise our rights and discretions. A reference to our ‘sole and absolute discretion’ under this Agreement shall be interpreted as a reference to our ‘discretion, acting reasonably’. v. Changes to Subscriptions, Content, and Dashboard. Under Section 1.4.b. of this Agreement: 1. If the pricing for your Subscription increases, we will give you reasonable notice (of at least 30 days) and provide you an opportunity to cancel or change your Subscription before applying those changes to your account or charging you in connection with an automatic renewal. 2. We may choose to add, modify, or remove benefits and features from a subscription, the Dashboard, or any Content on a temporary or permanent basis. We will give you reasonable notice (of at least 30 days) if we do so and provide you an opportunity to cancel or change your Subscription before applying those changes to your Subscription. vi. Entire Agreement clause. Section 1.14. of this Agreement is deleted. vii. Modifications to Terms of Use for Australia and New Zealand Residents. An additional special term is included in the Terms of Use for users residing in New Zealand to clarify that nothing in these Terms of Use is intended to limit, exclude, restrict, or otherwise affect your rights and remedies under the Consumer Guarantees Act 1993, and each exclusion or limitation of warranties, representations, guarantees and liability under these Terms of Use are to be read as subject to any rights or remedies you may have under the Consumer Guarantees Act 1993 in relation to the Website and Dashboard. f. Residents of India i. Disclaimer of Warranties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND SUBJECT TO ANY NON-EXCLUDABLE RIGHT OR REMEDY: THE DASHBOARD, CONTENT, AND ALL DOWNLOADABLE SOFTWARE, APPLICATIONS, DATA, AND COMPUTER PROGRAMS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; THE PRODUCTS, SERVICES AND ALL DOWNLOADABLE SOFTWARE, APPLICATIONS, DATA, AND COMPUTER PROGRAMS ARE WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF COMPATIBILITY WITH THE USER’S SYSTEMS, NETWORKS AND MOBILE DEVICES; AND ALL WARRANTIES AND CONDITIONS THAT WOULD OTHERWISE BE IMPLIED BY APPLICABLE LAW, CUSTOM OR COMMON LAW ARE EXPRESSLY EXCLUDED FROM THIS AGREEMENT, AND DO NOT APPLY WITH RESPECT TO THE PRODUCTS AND SERVICES PURCHASED IN ACCORDANCE WITH THIS AGREEMENT. ii. Limitation of Liability. To the extent permitted by applicable law, and subject to any such non-excludable right or remedy, Activ8 (including its managers, officers, directors, employees, agents, licensors, partners, service providers or affiliates) is not liable to you for any loss or damage incurred by you in connection with your Subscription, whether direct, consequential, special, indirect, incidental, reliance or other loss or damage except to the extent such loss or damage is caused by the act or omission of us. To the extent permitted by applicable law, our maximum liability to you is limited to the value of your Subscription fees actually paid within the previous twelve months. iii. Reliance. You acknowledge and agree to the Disclaimers of Warranties and the Limitation of Liability set forth in Section 4.f.i. and 4.f.ii. above while accepting this Agreement. You further agree that the Disclaimers of Warranties and the Limitation of Liability, set forth above, reflect a reasonable and fair allocation of risk between you and us, and that such Disclaimers of Warranties and the Limitation of Liability form an essential basis of the agreement between you and us.