End User Terms of Use

Version 1.0.0 · Effective September 17, 2026

CROWD MINES AI INC. (“Crowd Mines”, “we”, “us” or “our”) is a corporation incorporated pursuant to the Canada Business Corporations Act. We operate an artificial intelligence-powered survey analytics software-as-a-service platform (the “Platform”) built for market research agencies and research professionals. The Platform enables users to upload survey datasets, runs statistical analysis on those datasets, uses artificial intelligence to select analytical methods, and generates reports and web-based interactive simulators, as further described on our website at https://crowdmines.ai (the “Website”). Our Platform is accessible to users at https://crowdmines.ai/ and related domains and subdomains.

There are three ways in which access to the Platform is provided:

  1. Enterprise End-Users. Where an organization (such as a market research agency) has entered into an enterprise subscription agreement with us (an “Enterprise Agreement”), the individuals designated by that organization must accept these terms and conditions (the “Terms”) in order to access the Platform;
  2. Individual Researchers. Individual researchers and other individuals subscribe to the Platform through Crowd Mines’ sales process by entering into a subscription agreement (with a pricing/order schedule). References in these Terms to an Enterprise Agreement include such signed subscription agreements entered into by individual researchers, and each individual accessing the Platform must accept these Terms. We may change our fees, subscription tiers, Credit allotments and usage limits at any time; any such change applies only to purchases, subscriptions or renewals made after the change takes effect, and does not apply retroactively to a purchase already completed.
  3. End Clients. Where a subscriber shares access to a Simulator hosted on the Platform with one of its own clients (as described under “Reports and Simulators” below), each individual who accesses that Simulator must accept these Terms and our privacy policy before being given access to it. These Terms apply to that access, and do not give that individual access to any other part of the Platform.

In consideration for permitting your access to the Platform, and other good and valuable consideration, you agree as follows:

These Terms form a legally binding agreement which govern your access to and use of (i) the Platform; and (ii) our Website and related domains and subdomains.

THESE TERMS HAVE PROVISIONS WHICH LIMIT OUR LIABILITY AND IMPOSE OBLIGATIONS ON YOU.

You must review these Terms carefully before using the Platform. Before you are given access to the Platform, you will be required to accept these Terms and our privacy policy by clicking “I accept” (or a similar button). By clicking “I accept”, or by accessing or using the Platform, you, the user (“you” or “your”), represent and warrant that (i) you are the age of majority in your province, state, territory or country of residence, as the case may be; and (ii) you have read and fully understand these Terms and agree to be bound by them.

If you are using the Platform on behalf of, or in the employ of, an organization (corporation, partnership, agency or otherwise), you are agreeing to these Terms for that organization and representing and warranting that you have the authority to bind that organization to these Terms. In such a case, “you” and “your” will also refer to that organization and yourself individually. For greater clarity, both you as an individual and your organization, as applicable, are legally bound by these Terms which form an agreement with CROWD MINES AI INC.

Amendments

As the Platform continues to evolve, we may, at any time, revise these Terms and our policies by updating this page or the page hosting the relevant policy. The date of the last version of these Terms is posted above. We will provide you with no less than thirty (30) days’ prior written notice of any material amendment to these Terms by sending an email to the address associated with your account and/or by displaying a prominent notice within the Platform. We may also require you to review and accept the amended Terms through the Platform before you continue to use it. Your continued use of the Platform following the effective date of any amendment constitutes your acceptance of the amended Terms. If you do not agree with an amendment, you may terminate your account within the thirty (30) day notice period without penalty, subject to the terms provided for herein and any corresponding Enterprise Agreement.

Privacy

We use personal information you provide us in accordance with our privacy policy, which is incorporated by reference and available online at https://crowdmines.ai/privacy. By using the Platform, you consent to such processing and you represent to us that all information provided by you is accurate.

About the Platform

The Platform enables market research organizations and individual researchers to upload survey datasets and receive AI-assisted statistical analysis, reports and interactive simulators. The Platform may be accessed through its web interface, chat-based features, and, where made available, Crowd Mines’ hosted Model Context Protocol (“MCP”) server or APIs. The Platform is offered on a subscription and credit basis and includes features powered by artificial intelligence and machine learning. There are important disclaimers on AI features below.

Establishing an Account

Enterprise End-Users. If your organization has entered into an Enterprise Agreement and acquired end-user licences, and you are one of the designated individuals to use the Platform, you will be required to register an end-user account and provide certain personal information as referenced in our privacy policy. While your licence to access the Platform may be paid for by your organization pursuant to an Enterprise Agreement, you agree that access to your account constitutes good and valuable consideration in exchange for agreeing to these Terms, our privacy policy and all other documents incorporated by reference.

Upon establishing an account, and in connection with any corresponding Enterprise Agreement, we grant you a non-transferable, non-sublicensable licence to access the Platform via your account. The grant of licence shall last until the earliest of (i) Crowd Mines revoking the licence; (ii) for Enterprise End-Users, the termination or breach of any corresponding Enterprise Agreement, including any failure to pay corresponding fees owing to us; (iii) the expiry or termination of the subscription agreement under which your access is provided or any failure to pay fees owing to us; and (iv) your corresponding organization (if any) revoking your account access.

For greater certainty, we reserve the right to revoke your licence and your account access to the Platform if we reasonably believe you are in breach of these Terms or any fees owing to us in connection with an Enterprise Agreement are past due. We make no representations or warranties as to the ongoing availability of the Platform, or your access to it.

Account Not Transferable

Access to your account is not transferable and is only intended for you, the individual for whom the account was established, even if your account is paid for or made accessible to you by an organization (such as your employer or other third party). As a result, you are not permitted to change the name associated with your account, or to use or extend an account licensed to another party. For greater certainty, this section does not prohibit the sharing of access credentials issued specifically for a Simulator with an End Client, where and as expressly permitted under these Terms and any applicable Enterprise Agreement.

Account Security

You are responsible for safeguarding the password, login credentials, API keys and other access credentials you use to access the Platform and you agree not to disclose your password or share access to your account with any third party.

You agree to use a unique password for your account which you do not use for any other online service. As we may send password reset notices and account notices to the email account registered on the Platform: (i) you are responsible for ensuring that any name you provide to us is your full legal name, and that any email address used in connection with registering your account is accurate and under your control; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address used to register your account, whether or not you authorized that activity or correspondence. You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.

You must immediately notify us (and, if applicable, your organization) of any unauthorized use of your account.

While we and our third-party software and technology providers take certain security measures in relation to the Platform, you acknowledge that the technical processing and transmission of data and information, including your own account data and information, will involve transmissions over various networks and devices, including networks and devices not owned or controlled by us. We rely on a number of third parties to make the Platform available, including data and web hosting providers and artificial intelligence service providers. You accept all risks in using the Platform, and indirectly, our use of such third-party providers. You agree and acknowledge that in using online platforms, there is always a risk of unauthorized access to and use of your information, including your personal information.

Acceptable Use of the Platform

In using the Platform you agree, and you represent and warrant to us and all other users of the Platform, that you:

  • Will not remove, alter or obscure or tamper with any copyright, watermarks, encrypted data, metadata, notices, technological protection measures, or rights management information;
  • Will not engage in any attempt to circumvent any security or encryption measures used in connection with the Platform;
  • Will not use the Platform in a way that has any unlawful or fraudulent purpose or effect;
  • Will comply with all applicable laws, rules, and regulations, including applicable privacy laws;
  • Will not use or disclose personally identifiable information belonging to others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;
  • Will only upload survey data and other datasets that you (or your organization) have lawfully obtained the rights to use;
  • Will not upload survey data containing names, contact information or other direct identifiers of survey respondents;
  • Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;
  • Will not upload, transmit, disseminate, post, share, store, use any content, data or information, perform any services or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent, or trade secret rights, whether of ours or any third party;
  • Will not disclose your password or transfer your account to any third party, or allow any third party to access your account or the contents of the Platform which require account access (other than sharing Simulator-specific access credentials with End Clients as expressly permitted under these Terms and any applicable Enterprise Agreement);
  • Will not impersonate any person or entity;
  • Will not use the Platform, including any AI Feature, MCP or API access, in a manner that violates the usage policies or terms of any of our AI Service Providers or Platform Infrastructure Providers (each defined below), or that attempts to extract, reconstruct or misappropriate any underlying artificial intelligence model;
  • Will not submit any prompt, instruction, input, file or other content to the Platform, including to any AI Feature, MCP or API, that is designed or intended to circumvent, disable, override, manipulate or otherwise interfere with any system prompt, instruction, guardrail, safety control, content filter, output restriction, usage limit or access control applied by us, by any AI Feature or by any of our AI Service Providers, including by way of prompt injection, jailbreaking or any similar technique;
  • Will not embed, conceal or otherwise include, whether knowingly or unknowingly, within any survey data, dataset, file, document, link or other content that you upload to or make accessible through the Platform (including through any MCP or API integration), any instruction, command or code that is designed or intended to be acted upon by an AI Feature or any other automated system when that content is processed, including any instruction intended to alter the output presented to any other subscriber or End Client, cause the disclosure of another subscriber's or End Client's data, our system prompts or our confidential information, or cause any unauthorized action to be taken through the Platform, and this obligation applies whether or not you authored the content or were aware that it contained any such instruction, command or code;
  • Will not upload, copy, distribute, share, create or otherwise use content, software code or information that contains or embodies software viruses or any other malicious computer code that is designed to interrupt, undermine, destroy or limit the functionality of any computer software, AI, hardware or communications equipment;
  • Will not translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Platform or any underlying software code, except to the extent applicable law expressly prohibits such a restriction; and
  • Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Platform, including any usage limits, Credit metering or rate limits.

We may, but have no obligation to, remove or suspend users from the Platform that we reasonably believe have violated these Terms.

You agree that we may log your internet protocol (“IP”) address and device information to monitor compliance with these Terms, in addition to such other purposes referenced in our privacy policy.

Personal Information of Other Individuals

To the extent you upload to the Platform information concerning another individual — including survey response data — you represent and warrant that you (or your organization) have obtained all necessary consents and authorizations to do so, and that such consents are sufficient to permit Crowd Mines to collect, use, process, de-identify, aggregate, and otherwise handle such information as contemplated by these Terms, any applicable Enterprise Agreement, and our privacy policy, including for the purposes of generating and commercially exploiting Derived Data (defined below). The Platform is designed for the analysis of survey response data that does not directly identify individual respondents (for example, survey records associated with unique identifiers and limited demographic variables such as age and gender). You acknowledge that the Platform is intended to be used for survey analytics and not for the indiscriminate collection or sharing of third-party personal information.

Use of AI

The Platform includes features powered by artificial intelligence, machine learning and large language models, including, without limitation, AI-assisted selection of statistical methods and analysis code to run on survey datasets, AI-assisted generation of report content and presentation materials, AI-assisted evaluation and selection of analytical outputs for presentation, chat-based and MCP-based query features, and AI-assisted generation of Simulators (the “AI Features”). You acknowledge and agree that:

  • Nature of AI Output. AI Features are provided solely as decision-support and productivity tools and are not a substitute for professional judgment or the exercise of independent expertise by a qualified researcher. AI Features rely on probabilistic, statistical, and machine learning models that are inherently imperfect and may produce output that is inaccurate, incomplete, outdated, biased, internally inconsistent, misleading, or entirely fabricated (including the phenomenon commonly referred to as “hallucination”). Output may vary between sessions or requests even where the same input is provided, and may reflect limitations, errors, or biases present in the underlying training data or model architecture. AI Features do not verify, and cannot verify, the accuracy of any input data or the appropriateness of any output in light of the particular facts, context, or circumstances of a given survey, analysis, report or Simulator;
  • Your Verification Obligation. In connection with your account access, you are solely responsible for reviewing, verifying, validating, and where appropriate correcting, overriding, or disregarding any output generated by the AI Features before relying on it for any purpose. You must ensure that a qualified individual reviews any AI-generated output, report or Simulator before it is acted upon, transmitted to any other person (including any End Client), incorporated into any deliverable or work product, or used as the basis for any business, research, marketing or financial decision. You shall not represent to any third party that AI-generated output is or has been verified by Crowd Mines, nor shall you represent that the AI Features produce results of any particular accuracy, completeness, or reliability;
  • No Warranty Regarding AI Output. The AI Features are provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law, Crowd Mines makes no representation, warranty, or guarantee of any kind, whether express, implied, statutory, or otherwise, with respect to the AI Features or any output generated by them, including without limitation any warranty of accuracy, completeness, reliability, fitness for a particular purpose, non-infringement, merchantability, currency, or freedom from error, bias, or hallucination. Crowd Mines shall have no liability for any loss, damage, claim, or other consequence arising from your reliance on output generated by the AI Features, and any such reliance is entirely at your own risk;
  • Third-Party AI Providers and Their Terms. The AI Features are powered by third-party artificial intelligence service providers (the “AI Service Providers”), which as of the date of these Terms include OpenAI, Anthropic and Together AI (an intermediary AI inference infrastructure provider through whose infrastructure certain open-weight models, such as DeepSeek, Kimi and GLM, are accessed). Each AI Service Provider and intermediary provider has its own terms of use, usage policies and data processing terms, which may be updated and amended by them from time to time. You agree that: (i) your use of the AI Features is subject to compliance with such provider terms and policies, as they may be updated and amended from time to time, and you agree to those terms as so amended; (ii) you consent to Crowd Mines’ continued use of such AI Service Providers and intermediary providers (and their successors) in connection with the Platform, notwithstanding such updates and amendments; and (iii) AI Service Providers may be used interchangeably, including through automatic failover between providers. Data and information submitted to or processed by the AI Features — including survey structures and question wording, your queries, and computed statistical results — will be transmitted to and processed by AI Service Providers in connection with providing those features, as further described in our privacy policy. You acknowledge that data that has already been transmitted to or ingested by an AI Service Provider cannot be recalled by Crowd Mines, and that our rights and your consent in respect of such data survive termination of your account. You further agree and acknowledge that: (iv) each AI Service Provider and Platform Infrastructure Provider receives, processes, uses, retains and deletes data in accordance with its own terms of use, usage policies and privacy policy, and not these Terms; (v) you may request a copy of, or a link to, the then-current terms, usage policies and privacy policy of any such provider by contacting us, and it is your responsibility to review them before using the AI Features; (vi) those terms and policies may be updated, amended or replaced by the applicable provider at any time, and Crowd Mines has no obligation to notify you of, or to obtain your further consent to, any such change; (vii) you consent to your data being transmitted to, processed by, and used by such providers subject to their terms and policies as so updated, amended or replaced; and (viii) Crowd Mines makes no representation or warranty of any kind that any such provider will process, use, retain, secure or delete your data in compliance with its own terms and policies, with these Terms, or with any applicable law, rule or regulation, and Crowd Mines shall have no liability to you for any failure by any such provider to do so;
  • AI Training and Usage Data. Crowd Mines does not use your User Content (defined below), including survey data, uploaded files and project data, or the content of reports generated from it, to train or fine-tune any artificial intelligence model, and does not provide or disclose that content to any third party for the purpose of training or fine-tuning that third party’s models. Crowd Mines’ use of data collected through the Platform to develop, train and improve the Platform and its AI Features is limited to records of how users interact with the Platform, including the options, outputs, recommendations and suggestions presented by the AI Features, which of them you select, and similar usage and telemetry information, but not User Content or report content (“Usage Data”). Crowd Mines may use Usage Data (i) on a de-identified basis, to develop, train, improve and evaluate the Platform and its AI recommendation systems; and (ii) to personalize and customize the options, recommendations and other output the Platform provides to you and your organization, in which case Usage Data that identifies you or your organization is used only within your or your organization’s account;
  • Crowd Mines may use, retain, aggregate and process data generated by your use of the Platform for the purposes of (i) generating benchmarks, analytics, research and industry insights; (ii) operating the Platform and its features; and (iii) any other lawful purpose in connection with Crowd Mines’ business (other than developing, training or improving the Platform or its AI Features, which is limited as described above), provided in each case that the data has first been de-identified or anonymized such that it does not identify, and cannot reasonably be used to identify, any individual, you, your organization or any End Client, that such use complies with applicable law (including PIPEDA), and that such use is consistent with our privacy policy. To the extent capable under applicable law, Crowd Mines owns all de-identified, aggregated and anonymized data derived from data collected through the Platform (“Derived Data”) and is entitled to use, sell, license, publish and otherwise commercially exploit Derived Data on a perpetual basis. To the extent applicable law does not recognize or permit such ownership, you grant Crowd Mines an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, non-exclusive licence to use, reproduce, modify, create derivative works from, sell, license, distribute, sublicense, publish and otherwise exploit the Derived Data for the purposes stated in these Terms and for any other lawful purpose in connection with Crowd Mines’ business. For greater certainty, Derived Data does not include (or shall have removed) any personal information or information specific to you, your organization or any End Client;
  • AI Features may be updated, modified, or discontinued at any time as the Platform evolves, including any underlying model or AI Service Provider, and without notice to you.

The prompts, system instructions, model configurations, analytical methods and orchestration logic used to operate the AI Features are Crowd Mines’ confidential and proprietary information. You will not disclose, publish, reproduce or attempt to extract, reconstruct or derive any of them, whether through the AI Features, any chat or MCP interface, any API or otherwise.

Nothing in these Terms limits Crowd Mines’ rights under any applicable Enterprise Agreement.

Reports and Simulators

The Platform generates analytical outputs, including reports, presentation files, charts and written analysis (collectively, “Reports”), and web-based interactive simulation applications (“Simulators”). Ownership of and rights in Reports and Simulators are as set out in the applicable Enterprise Agreement, which governs in the event of any inconsistency with these Terms. For clarity, the Platform and Crowd Mines’ report templates, designs, software and other Crowd Mines intellectual property remain the property of Crowd Mines. Crowd Mines owns the Simulators, including the underlying software, code, framework and functionality, and grants you a non-exclusive, non-transferable licence, during your subscription, to access and use Simulators generated from your data and to make them available to your own clients (“End Clients”) for their internal business purposes, whether by distributing an exported Simulator file or by sharing a link to, or the access credentials issued specifically for, a hosted Simulator. Simulators generated on the Platform, and their hosting by Crowd Mines, are included in the applicable subscription during its term, subject to plan limits and Credit consumption. Additional fees may apply to custom work in respect of a Simulator (such as custom branding or white-labelling) and to any hosting requested beyond the end of the applicable subscription. Any such fees are as set out in the applicable Enterprise Agreement, and may be charged as fees or by way of Credit consumption. Crowd Mines is under no obligation to generate, host or continue to host any Simulator unless and until all applicable fees have been paid, and may suspend or discontinue hosting of a Simulator for non-payment. You are responsible for your End Clients’ access to and use of Reports and Simulators.

Your Content

The Platform permits you to upload data, content and files, including survey datasets (“User Content”). We claim no ownership of your User Content. However, you represent and warrant that you own or have the necessary licences, rights, consents and/or permissions to use all User Content you post or make available on the Platform, including without limitation all consents and authorizations required by applicable law to permit Crowd Mines to collect, use, process, de-identify, aggregate, and otherwise handle such content as contemplated by these Terms, any applicable Enterprise Agreement, and the privacy policy, including for the purposes of generating and commercially exploiting Derived Data (defined below), and any other use expressly permitted thereunder.

You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use any of your User Content that you post or upload to the Platform in order to facilitate the ordinary use of the Platform, including the operation of the AI Features.

For greater certainty, the foregoing does not limit or restrict Crowd Mines’ rights under these Terms, any applicable Enterprise Agreement, or the privacy policy with respect to the collection, use, aggregation, de-identification, or commercial exploitation of data derived from your use of the Platform, including without limitation any de-identified, aggregated, or anonymized data (“Derived Data”) which Crowd Mines shall own or, to the extent applicable law does not recognize such ownership, shall have a perpetual, irrevocable, royalty-free right to use for any lawful purpose in connection with Crowd Mines’ business.

We do not consider proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements you provide us (“Feedback”) to be confidential information. If you send any Feedback to us, you acknowledge and agree that we shall not be under any obligation of confidentiality with respect to the Feedback and nothing in these Terms limits or restricts our right to independently use, develop, evaluate, or market products or services, whether incorporating the Feedback or otherwise.

To the extent you provide any materials, designs, layouts, Feedback, comments, suggestions or other input to Crowd Mines in connection with your use of the Platform (collectively, “Input”), you hereby grant Crowd Mines a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable licence to use, modify, incorporate and otherwise exploit such Input for any purpose, including incorporation into the Platform, use for the benefit of other customers and end-users, and use in connection with Crowd Mines’ products and services generally. All output, work product, customizations, modifications and deliverables resulting from any such Input or any work performed by Crowd Mines in response thereto shall be the sole and exclusive property of Crowd Mines, and your rights in such output shall be limited to your licence to use the Platform under these Terms.

Third-Party Providers, Products and Services

The Platform relies on third-party software and services, including, without limitation, cloud hosting and computing services (such as Google Cloud Platform), AI inference infrastructure (such as Together AI), transactional email delivery services (such as Resend), and third-party artificial intelligence service providers used to power AI Features on the Platform. The baseline infrastructure and service providers engaged and managed by Crowd Mines in the ordinary course of operating the Platform are referred to in these Terms as the “Platform Infrastructure Providers”. Crowd Mines maintains a current list of Platform Infrastructure Providers and AI Service Providers, which is available upon request and further described in our privacy policy. To the extent Crowd Mines directly or indirectly recommends, endorses, integrates with, or refers you to products or services offered by third parties, whether they integrate with the Platform or not, you agree and acknowledge that:

  • Crowd Mines makes no representations or warranties regarding such third parties, their products or services;
  • It is your obligation to undertake your own due diligence concerning such third parties, their products, services and privacy practices;
  • To facilitate certain features and to provide AI Features, Crowd Mines may transmit certain data, including personal information, to the applicable Platform Infrastructure Provider or AI Service Provider; and
  • TO THE FULLEST EXTENT PERMITTED BY LAW, CROWD MINES AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, AND AGENTS SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU FOR ANY LOSS OR DAMAGE, HOWSOEVER CAUSED (INCLUDING BY NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH (A) PRODUCTS, SERVICES, OR INTEGRATIONS OFFERED BY ANY SUCH THIRD PARTIES, OR (B) THE ACCESS TO, USE, MISUSE, DISCLOSURE, RETENTION, CORRUPTION OR LOSS OF YOUR DATA BY ANY THIRD PARTY, IN EACH CASE INCLUDING ANY AI SERVICE PROVIDER OR PLATFORM INFRASTRUCTURE PROVIDER.

Please read carefully — this clause limits your rights

Acceptance of Risk and Disclaimers

The Platform (including all AI Features, Reports and Simulators) is provided to you on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Crowd Mines makes no representation, warranty or guarantee of any kind, whether express, implied, statutory or otherwise, with respect to the Platform, the AI Features, or any output generated by them, including without limitation any warranty of merchantability, fitness for a particular purpose, reliability, accuracy, completeness, currency, security, non-infringement, or freedom from error, bias or hallucination.

Without limiting the foregoing, Crowd Mines does not warrant that the Platform or the AI Features will: (i) be uninterrupted, error-free, or free from harmful components; (ii) produce any particular result; or (iii) meet any regulatory, professional, accreditation, or industry-specific standard or requirement. Crowd Mines shall have no liability for any loss, damage, claim, regulatory action, or other consequence arising from your reliance on output generated by the AI Features, and any such reliance is entirely at your own risk.

Reports and Simulators are analytical tools only and do not constitute professional, investment, marketing or other advice. You acknowledge that no software system is entirely error-free, and that the use of the Platform carries inherent risks, including but not limited to data entry errors, data breach, system malfunctions, connectivity interruptions, or force majeure events. You are responsible for maintaining appropriate back-ups of any data, Reports or exported Simulators you wish to retain.

Estimates, Calculators and Plan Recommendations. Any ROI calculators, pricing estimators, savings, time-saved or revenue figures, plan recommendations, comparative claims or similar materials published on the Website or generated by tools on the Website or the Platform are illustrative estimates only, based on assumptions and inputs (including inputs you supply). They are not representations, warranties, guarantees or predictions of any savings, revenue, margin, results or outcomes, are not financial, business or professional advice, and must not be relied upon in making any decision. Published plans, prices and features are invitations to treat only, are subject to custom quotation, may change, and do not bind Crowd Mines unless set out in a signed agreement or an order accepted by Crowd Mines; and Crowd Mines makes no representation that any included credit allotment will be sufficient for your or any customer’s use.

Without limiting any other section of these Terms, you agree that we shall not be responsible for any damages or loss you suffer arising from the acts or omissions, including the negligent acts or omissions, of other users of the Platform, our independent contractors, or third-party service providers. Our third-party service providers include website and data hosting providers, AI Service Providers, and others.

You agree that, while we strive to have the Platform error free and uninterrupted, we do not guarantee the absence of errors or interruptions. You agree that we shall not be held liable for any damage or loss such errors or interruptions may cause. We make no representations and grant no warranties as to the uptime of the Platform.

Please read carefully — this clause limits your rights

Limitation of our Liability

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, LICENSORS, EMPLOYEES, CONTRACTORS, AI SERVICE PROVIDERS AND PLATFORM INFRASTRUCTURE PROVIDERS (THE “CROWD MINES PARTIES”), BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL DAMAGES FOR WHICH THE CROWD MINES PARTIES SHALL NOT BE LIABLE TO YOU, INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PERSONAL INFORMATION AND ANY OTHER BUSINESS OR ECONOMIC DISADVANTAGE SUFFERED BY YOU, ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH US, THE USE, OR FAILURE TO BE ABLE TO USE, THE PLATFORM, OR ANY OF OUR RELATED PRODUCTS OR SERVICES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OR IN ANY ENTERPRISE AGREEMENT, AND EXCEPT TO THE EXTENT ARISING FROM OUR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE CROWD MINES PARTIES TO YOU FOR ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR ACCESS TO OR USE OF THE PLATFORM, WEBSITE, OUR PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100). THIS END-USER LIABILITY CAP APPLIES ON A PER-USER BASIS AND IS IN ADDITION TO, AND NOT IN SUBSTITUTION FOR, ANY LIABILITY LIMITATIONS OR CAPS SET OUT IN THE CORRESPONDING ENTERPRISE AGREEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY AND ALL OTHER REMEDIES, LEGAL OR EQUITABLE, WHICH YOU MAY HAVE.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO THE PLATFORM WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

YOU REPRESENT AND WARRANT THAT YOU ARE USING THE PLATFORM FOR COMMERCIAL PURPOSES AND NOT FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES.

Please read carefully — this clause limits your rights

Indemnification

You agree to indemnify the Crowd Mines Parties and to defend and hold each of them harmless, from any and all claims, damages, harm, loss and liabilities (including reasonable legal fees) which may arise from (i) your violation of these Terms or any policy incorporated by reference; (ii) your violation of any third-party right, including the rights of any panel provider or survey respondent; (iii) any breach of a representation or warranty made by you to us, either in these Terms, our privacy policy or otherwise; (iv) any claim for damages suffered by another user of the Platform, which you caused or contributed to; or (v) any claim arising from an End Client’s access to or use of, or reliance on, any Report or Simulator you shared with them.

You agree that any provision of these Terms in which you covenant or which obligates you to limit the liability of, hold harmless or indemnify any person or entity who is not a party to this agreement (such as Crowd Mines’ directors, officers, shareholders, employees, licensors, contractors and others), that such covenants and obligations are accepted by Crowd Mines as agent and trustee for each such third party. Crowd Mines declares itself trustee of such covenants and obligations for each such third party; such covenants and obligations may be enforced by Crowd Mines on behalf of any such third party.

Proprietary Rights

All rights, title, and interest in and to the Platform are and will remain the exclusive property of CROWD MINES AI INC. and our licensors.

The Platform and all underlying software code is protected by copyright and other laws of Canada, the United States and foreign countries. Unless expressly permitted by us in a document signed by an authorized officer of CROWD MINES AI INC., you agree not to copy, reproduce, modify or prepare derivative works, distribute, sell access to, transfer, publicly display or sublicense the Platform or access to your account thereon.

You are not permitted to use any trademark or trade name of CROWD MINES AI INC., including our logo, without our express permission. Such permission may also be revoked by us at any time.

Extraordinary Events / Force Majeure

You agree and acknowledge that extraordinary events outside of our control may impact the functionality, availability and/or uptime of the Platform. Examples of extraordinary events include, without limitation, the following: (1) acts of God, flood, fire, lightning, disaster, earthquakes or storms; (2) actions of military, naval, civil authorities, war, revolution, political disturbance or terrorism; (3) civil disturbance; (4) expropriation, acts or restraints of a governmental body or authority; (5) unusual delay by common carriers or telecommunications carriers; (6) sabotage, rebellion, vandalism, riot, insurrection, strike, lockout or explosions; (7) unreliability or non-availability of labour, contractors, materials, service, equipment, goods, utility, network, telecommunications carrier or facilities, including the unavailability of any AI Service Provider or Platform Infrastructure Provider; (8) potential or actual outbreaks of disease, viruses or quarantine; (9) anticipated or actual public health orders; (10) cyberattack, malware, discovery of cyber-vulnerabilities, or a denial of service attack; (11) hardware or software or networking or data centre issues resulting in decline in reliability or availability; or (12) any other event or eventuality that could prevent or materially affect the smooth functioning of the Platform.

In addition to all other provisions of these Terms which limit or reduce our liability, you agree that we are not responsible or liable to you for any damages you may suffer directly or indirectly as a result of an extraordinary event.

Linked Sites

Whether or not we are affiliated with websites or third-party vendors that may be linked to the Platform, you agree that we are not responsible for their content, products or services. Internet links found on the Platform, our Website or otherwise provided by us or a third party, are not an endorsement and we do not represent or warrant the accuracy or truth of the contents, or endorse the products, services or information found on said websites. You access those links and corresponding websites at your own risk.

Please read carefully — this clause limits your rights

Governing Law and Dispute Resolution

These Terms, all documents incorporated by reference and your relationship with us shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada (and any Canadian federal laws applicable therein) as it is applied to agreements entered into and to be performed entirely within such province.

If any dispute arises between you and Crowd Mines relating to the application, interpretation, implementation, or validity of these Terms, you and Crowd Mines agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules. The parties agree that the ADR Chambers Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto, or virtually at the discretion of the arbitrator, and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There shall be no appeal on questions of fact, law, or mixed fact and law.

To the extent not prohibited by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Termination

If you are an End-User under an Enterprise Agreement, your account and access to the Platform may be terminated in accordance with the applicable Enterprise Agreement between us and your organization. In addition, we may terminate or suspend your account and access to the Platform at any time (i) upon thirty (30) days’ prior written notice to you, or (ii) immediately if we reasonably believe you are in breach of these Terms.

The termination, suspension or cancellation of your account or access to the Platform shall not affect the continued binding nature of any provisions of these Terms which by their nature or express language survive termination, including those concerning limitations of liability, proprietary rights, indemnification obligations, governing law, dispute resolution, and confidentiality.

Severability

If any provision of these Terms (or part thereof) is found to be unlawful, void, or for any reason unenforceable, then that provision, or the applicable part thereof, shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of these Terms, the Terms shall be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favouring or disfavouring either party by virtue of authorship of any of the provisions of these Terms.

Please read carefully — this clause limits your rights

Waiver of Class Proceedings and Trial by Jury

To the extent permitted by law, you hereby waive your right to participate in any class action lawsuits against us and the Crowd Mines Parties.

To the extent permitted by law, you further waive any right to a trial by jury, should such a right exist, in relation to any legal dispute connected to or in any way arising out of these Terms.

Incorporation by Reference

All policies referred to in these Terms or anywhere on the Platform are hereby incorporated by reference, including but not limited to our privacy policy available at https://crowdmines.ai/privacy.

Assignment of this Agreement

These Terms shall enure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. You agree that we may assign this agreement, between us and you, to any successor or assignee, whether pursuant to the purchase of the Platform by a third party, the transfer of control of CROWD MINES AI INC. or otherwise.

Right to Seek Injunction

Violation of these Terms may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms.

Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

New Features

Any new features we give you access to that augment or enhance the current Platform, including the release of new versions, new products or services, tools and resources, shall be subject to these Terms, unless we enter into a separate agreement with you that expressly governs those features, versions, products, services, tools or resources, in which case that agreement governs to the extent of any conflict with these Terms in respect of them.

Entire Agreement

These Terms, in addition to our privacy policy and all documents and agreements incorporated by reference (including the applicable Enterprise Agreement), form the entire agreement between the parties relating to the matters contained herein and shall not be modified except (i) by publication of a subsequent version of these Terms by us in accordance with these Terms; or (ii) in writing, in an addendum or other agreement, signed by a duly authorized representative of CROWD MINES AI INC.