Terms of Service

Effective Date: 2026-05-20 Last Updated: 2026-05-16 Version: 1.0

These Terms have been prepared with the assistance of legal counsel. Operator: Dibby.

1. Acceptance of These Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Dibby ("Dibby", "we", "us", or "our"), governing your access to and use of the Dibby mobile application, the website at https://dibby.ca and its subdomains, and any associated features, content, or services we make available (collectively, the "Service").

By creating an account, downloading or installing the Service, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy located at https://www.dibby.ca/legal/privacy (the "Privacy Policy"), which is incorporated by reference. If you do not agree to any part of these Terms, you must not access or use the Service.

These Terms include important provisions concerning the limitation of our liability (Section 11), your indemnification of us (Section 12), and the resolution of disputes (Section 15), which you should read carefully.

2. Eligibility

To access or use the Service, you must:

(a) Be at least thirteen (13) years of age, or such higher age as is required to consent to the processing of personal data in your jurisdiction (sixteen (16) in many European Union member states; see the Privacy Policy);

(b) Have the legal capacity to enter into a binding contract in your jurisdiction;

(c) Not be barred from receiving services under the laws of Canada, your country of residence, or any other applicable jurisdiction; and

(d) Not be located in, under the control of, or a national or resident of any country subject to a comprehensive trade or economic sanction administered by the Canadian Department of Foreign Affairs, the United States Department of the Treasury's Office of Foreign Assets Control, the European Union, or the United Nations.

By accessing or using the Service, you represent and warrant that you meet each of these eligibility requirements.

If you are accessing the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, in which case "you" and "User" refer to the organisation. We are not, however, providing the Service for commercial expense-management; the Service is intended for personal expense-splitting among individuals.

3. Account Registration

To use most features of the Service, you must register for an account by providing an email address and, optionally, additional profile information. You may also register using third-party authentication providers such as Apple Sign In or Google Sign In.

You agree to:

(a) Provide accurate, current, and complete information at registration and during use of the Service;

(b) Promptly update your information as needed to keep it accurate, current, and complete;

(d) Notify us immediately of any unauthorised access to or use of your account at support@dibby.ca.

You are responsible for all activities that occur under your account, whether or not authorised by you, except to the extent we have actually received notice of unauthorised access and have failed to act on that notice in a commercially reasonable time.

We reserve the right, at our sole discretion, to refuse, suspend, or terminate accounts that we determine, on reasonable grounds, to have engaged in activity in violation of these Terms.

4. Description of the Service

The Service enables Users to track shared expenses among groups of people. Core functionality includes:

(a) Creating groups and adding members (including placeholder members for individuals who have not registered);

(b) Recording expenses with a payer, amount, currency, date, description, and optional receipt photograph;

(d) Tracking settlements (full or partial payments between members to balance the group's books);

(e) Materialising recurring expenses on a schedule;

(f) Optical character recognition ("OCR") on uploaded receipt images to extract line items, which the User then confirms or corrects;

(g) In-app comments, activity logs, and push notifications;

(h) Export of personal data in machine-readable formats.

The Service does not move money. It is a record-keeping and calculation tool only. Any payment of settlements between Users occurs entirely outside the Service through means of the Users' own choosing (cash, bank transfer, third-party payment provider, etc.). We are not a payment processor, money services business, money transmitter, payment institution, or financial institution. We do not offer payment, banking, money-transfer, currency-conversion, investment, or advisory services of any kind, and nothing in the Service constitutes legal, tax, accounting, or financial advice.

The Service does not perform live currency conversion. Each group operates in a single currency that is locked at the time of the group's first expense. Users are solely responsible for any currency conversions they perform outside the Service.

5. License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes, on a device that you own or control, in accordance with these Terms.

This license does not grant you any right to:

(a) Copy, modify, distribute, sell, lease, sublicense, or otherwise transfer any part of the Service;

(b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service except to the extent expressly permitted by applicable law notwithstanding this restriction;

(d) Use the Service to develop a competing product or service, or to benchmark its features against a competing product or service;

(e) Use any data mining, robot, scraping, or similar data-gathering or extraction method on the Service;

(f) Access the Service through any automated means (other than via publicly documented APIs we may make available) or attempt to gain unauthorised access to any portion of the Service.

All rights not expressly granted by these Terms are reserved by us and our licensors.

6. User Content

6.1 Definition

"User Content" means all information, data, text, images (including receipt photographs), descriptions, comments, group names, expense entries, and other materials that you submit, upload, post, transmit, or otherwise make available through the Service.

6.2 Ownership and License Grant

You retain all ownership rights in your User Content. By making User Content available through the Service, you grant us a worldwide, non-exclusive, royalty-free, non-transferable (other than in connection with a permitted assignment of these Terms), non-sublicensable (other than to our service providers acting on our behalf and bound by confidentiality and use-restriction terms at least as protective as these Terms) license to host, store, transmit, display (to other members of the same group), process, back up, and temporarily reproduce the User Content solely for the limited purposes of:

(a) Operating, providing, and maintaining the Service;

(b) Performing the functions specifically requested by you (for example, applying OCR to receipt images, materialising recurring expenses, generating exports);

(d) Storing the User Content for the retention periods identified in the Privacy Policy;

(e) Improving the Service through aggregated, de-identified analysis that does not identify you;

(f) Complying with applicable law or enforceable governmental request.

This license terminates when you delete the User Content from the Service or close your account, except (i) to the extent the User Content has been shared with other Users and those Users have not deleted it, (ii) to the extent we are required by law to retain a copy, (iii) for ordinary-course backup or archival purposes for a reasonable period, and (iv) to the extent the User Content has been de-identified.

6.3 Your Representations

You represent and warrant that, for all User Content you make available through the Service:

(a) You own the User Content or have all rights, licenses, consents, and permissions necessary to grant the license described above;

(b) The User Content does not infringe, misappropriate, or violate the intellectual-property rights, privacy rights, publicity rights, or any other right of any person;

(d) The User Content is not false, misleading, defamatory, obscene, sexually explicit, hateful, harassing, threatening, abusive, invasive of another's privacy, or otherwise harmful or objectionable.

We have no obligation to monitor User Content but reserve the right to review, remove, or refuse to publish any User Content, in our sole discretion, at any time and for any reason, including without limitation User Content we believe in good faith violates these Terms.

6.4 Feedback

If you provide us with suggestions, comments, improvements, or other feedback regarding the Service ("Feedback"), you hereby grant us an unrestricted, perpetual, irrevocable, royalty-free, sublicensable, worldwide license to use, exploit, and otherwise incorporate the Feedback into the Service or any other product or service, without compensation or attribution. Feedback is provided on a non-confidential, non-proprietary basis.

7. Acceptable Use

You agree not to use the Service to:

(a) Violate any applicable law, regulation, court order, or rights of third parties;

(b) Harm, harass, threaten, defame, abuse, stalk, or intimidate any person;

(c) Impersonate any person or entity, including any of our employees or representatives, or misrepresent your affiliation with any person or entity;

(d) Submit false or misleading expense information for the purpose of defrauding another User;

(e) Attempt to gain unauthorised access to the Service, any account, any data of another User, or any computer system or network connected to the Service;

(f) Probe, scan, or test the vulnerability of the Service or its infrastructure, or breach or otherwise circumvent any security or authentication measures;

(g) Interfere with or disrupt the integrity or performance of the Service, including by introducing viruses, worms, Trojan horses, ransomware, or other malicious code;

(h) Use the Service to send unsolicited bulk communications ("spam"), promotional messaging, or commercial advertising without our prior written consent;

(i) Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use and enjoyment of the Service;

(j) Reverse-engineer or otherwise attempt to discover the source code or underlying algorithms of the Service, except as expressly permitted by these Terms or applicable law;

(k) Frame, mirror, or otherwise incorporate the Service into any other website, application, or product without our prior written consent;

(l) Use the Service for any commercial purpose other than the personal expense-tracking purpose for which it is intended.

Violation of this Section 7 is grounds for immediate suspension or termination of your account in addition to any other remedies we may have at law or in equity.

8. Intellectual Property

8.1 Our Intellectual Property

The Service and all content, features, and functionality (including all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, but excluding User Content) (collectively, the "Dibby IP") are owned by us or our licensors and are protected by Canadian and international copyright, trademark, patent, trade-secret, and other intellectual-property and proprietary-rights laws.

Nothing in these Terms transfers any right, title, or interest in or to the Dibby IP to you. The trademarks, service marks, and logos of Dibby ("Marks") used and displayed on the Service are our registered or unregistered trademarks. You may not use the Marks without our prior written permission.

8.2 Third-Party Materials

The Service may incorporate third-party software, components, content, or services subject to separate license terms (including open-source licenses). We make a list of those components and their respective licenses available within the Service and/or at https://dibby.ca/oss. To the extent any third-party license conflicts with these Terms, the third-party license governs.

8.3 DMCA / Copyright Infringement

If you believe that User Content on the Service infringes your copyright, please send a notice in compliance with the United States Digital Millennium Copyright Act and the Canadian Copyright Act to our designated agent at copyright@dibby.ca. The notice must include:

(a) A physical or electronic signature of the copyright owner or authorised agent;

(b) Identification of the copyrighted work claimed to have been infringed;

(c) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

(d) Your contact information, including address, telephone number, and email address;

(e) A statement by you, made under penalty of perjury, that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notice is accurate.

We will respond to properly submitted notices in accordance with applicable law.

9. Third-Party Services

The Service may interoperate with or rely on third-party services (including those identified in the Privacy Policy). Your use of those third-party services is governed by the third party's terms and privacy policy. We are not responsible for the availability, content, accuracy, reliability, or security of any third-party service, and we make no representations or warranties about any third-party service. Your dealings with any third party are solely between you and that third party.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL SUCH WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT:

(a) THE SERVICE WILL MEET YOUR REQUIREMENTS;

(b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(c) ANY DATA OR INFORMATION IN THE SERVICE (INCLUDING OCR-EXTRACTED TEXT, CALCULATED BALANCES, DEBT-SIMPLIFICATION RESULTS, OR SETTLEMENT RECOMMENDATIONS) IS ACCURATE, COMPLETE, OR RELIABLE;

(d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED;

(e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR

(f) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE WILL BE ACCURATE.

YOU ACCESS AND USE THE SERVICE AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, or any other liability that cannot lawfully be limited or excluded.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA;

(b) DAMAGES ARISING FROM YOUR INABILITY TO ACCESS OR USE THE SERVICE;

(c) DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE, INCLUDING DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;

(d) DAMAGES ARISING FROM UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT;

(e) DAMAGES ARISING FROM ANY FINANCIAL DECISION, PAYMENT, SETTLEMENT, OR DISPUTE BETWEEN YOU AND ANOTHER USER, WHETHER OR NOT RECORDED IN THE SERVICE;

(f) DAMAGES ARISING FROM ERRORS, OMISSIONS, OR INACCURACIES IN OCR EXTRACTION, BALANCE CALCULATION, DEBT SIMPLIFICATION, OR SETTLEMENT RECOMMENDATIONS;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF:

(i) THE AMOUNTS PAID BY YOU TO US, IF ANY, IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR

(ii) ONE THOUSAND CANADIAN DOLLARS (CAD 1,000).

THE LIMITATIONS IN THIS SECTION 11 WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 11 MAY NOT APPLY TO YOU.

Ontario Consumer Protection Act, 2002. If you are a "consumer" as defined in the Consumer Protection Act, 2002 (Ontario) and the Service is supplied to you in a consumer transaction governed by that Act, nothing in these Terms is intended to exclude, vary, or limit any non-waivable right or remedy you have under that Act, including the deemed warranty of acceptable quality and the right to a refund for non-compliant goods or services. To the extent any provision of these Terms would purport to do so, that provision is read down to the minimum extent necessary to preserve those non-waivable rights and remedies, while the balance of the provision and these Terms continues in full force and effect. Equivalent statutory rights under the Civil Code of Québec, the Consumer Protection Act (Quebec), the Australian Consumer Law, the UK Consumer Rights Act 2015, the implied terms of the Sale of Goods Act of any applicable Canadian or other common-law jurisdiction, and any other non-waivable statutory consumer rights you have, are preserved in the same manner.

Anti-Manipulation Pledge. We do not use deceptive design patterns ("dark patterns") to obtain your consent, to make you agree to processing of Personal Information, or to discourage you from exercising your rights under these Terms or the Privacy Policy. Opt-in and opt-out choices are presented with equal prominence; choices required to provide Personal Information for a specific purpose are no more burdensome to grant than to refuse.

12. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our and their respective officers, directors, employees, agents, licensors, and suppliers (the "Indemnified Parties"), from and against any third-party claims, demands, suits, actions, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) caused by your own conduct and arising out of:

(a) Your wilful or negligent breach of these Terms or of any representation or warranty you have made under these Terms;

(b) Your User Content, but only to the extent the User Content infringes or violates a third party's intellectual-property, privacy, or publicity rights, or is otherwise unlawful;

(d) Your submission of false or fraudulent expense information to the Service for the purpose of misleading or defrauding another User.

For clarity, this indemnity does not extend to claims arising from (i) our own negligence or wilful misconduct, (ii) the inherent operation of the Service when used as designed, or (iii) defects in the Service. This indemnity does not apply to the extent it would be unenforceable under the consumer-protection laws of your jurisdiction; in Quebec, this indemnity does not apply to the extent it would shift to a consumer a liability that the merchant cannot lawfully transfer under the Consumer Protection Act.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defence. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

13. Term and Termination

These Terms remain in effect for as long as you access or use the Service.

You may terminate these Terms at any time by deleting your account using the in-app deletion flow, which initiates the thirty-day grace period described in the Privacy Policy.

We may suspend or terminate your access to all or any part of the Service at any time, with or without notice, and with or without cause, including without limitation if we believe in good faith that you have violated these Terms.

On termination:

(a) The license granted to you in Section 5 terminates immediately;

(b) Your right to access and use the Service terminates immediately;

(c) Sections that by their nature should survive termination (including Sections 6.2 (license grant for User Content shared with other Users), 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Term and Termination), 15 (Dispute Resolution), and 16 (General Provisions)) will survive.

Termination does not entitle you to any refund, except as required by applicable law or otherwise expressly provided by us.

14. Modifications to the Service and these Terms

We may modify, suspend, or discontinue the Service or any feature thereof, in whole or in part, at any time, with or without notice and without liability to you.

We may modify these Terms at any time by posting the modified Terms in the Service and updating the "Last Updated" date at the top. Material changes will be brought to your attention through a prominent in-app notice and, where reasonably practicable, by email, with reasonable advance notice consistent with applicable law before they take effect. Your continued use of the Service after the effective date of the modified Terms constitutes your acceptance of those modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account as provided in Section 13.

We maintain a public version history of these Terms in our source repository to enable historical comparisons.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating any formal proceeding, you agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") by sending us a written notice of the Dispute to the address in Section 17, including a brief description of the Dispute, your contact information, and the relief you are seeking. You agree to participate in at least one (1) good-faith informal discussion (in person, by phone, by video, or in writing) regarding the Dispute before initiating any formal proceeding. The applicable statute of limitations and limitation period will be tolled during the informal resolution period.

15.2 Governing Law

These Terms and any Dispute arising out of or relating to these Terms or the Service are governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of laws provisions or the United Nations Convention on Contracts for the International Sale of Goods. (Adjust to your actual operating jurisdiction; if not Ontario, replace before publication.)

15.3 Forum

Subject to Section 15.4 and to applicable mandatory consumer protection laws of your country of residence, you and we irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada, sitting in Toronto, Ontario, for any Dispute not subject to arbitration. You waive any objection to venue in those courts on the grounds of inconvenient forum or otherwise.

15.4 Binding Arbitration (opt-out available — see below)

30-DAY OPT-OUT NOTICE. You can opt out of binding arbitration and the class-action waiver in subsection 15.4 within thirty (30) days of first accepting these Terms by sending written notice to the address in Section 17. This opt-out window is conspicuous so that your acceptance of these Terms cannot reasonably be said to be inadvertent. Opting out does not affect your right to use the Service or any other right under these Terms.

Note for review: mandatory arbitration is enforceable in Canada in many but not all contexts. In Quebec, Section 11.1 of the Consumer Protection Act prohibits any waiver of the right to bring a proceeding before the courts in a consumer contract, and Quebec residents are accordingly excepted from this clause. Have counsel review enforceability in your target user jurisdictions before relying on it.

Any Dispute that cannot be resolved through informal resolution will, except as set out below, be resolved by binding arbitration before a single arbitrator, administered under the Simplified Arbitration Rules of the ADR Institute of Canada ("ADRIC"), or such other arbitration rules as you and we may agree in writing.

Consumer-friendly arbitration terms (drafted to address the factors identified in Uber Technologies Inc. v. Heller, 2020 SCC 16):

(i) Seat and language. The nominal seat of the arbitration is Toronto, Ontario, and the default language is English. However, at your election, the arbitration may be conducted (a) in French, if you reside in Quebec, New Brunswick, or another jurisdiction where French is an official language, and (b) entirely by remote means (video and/or written submissions) so that no travel is required.

(ii) Cost cap. We will pay all administration and arbitrator fees in excess of the equivalent court filing fee that would apply to a small-claims proceeding in your province of residence, unless the arbitrator determines that your claim is frivolous, in which case the arbitrator may reallocate the fees in accordance with the ADRIC Rules.

(iii) Hardship waiver. If you demonstrate to the arbitrator that the cost of arbitration would impose an undue financial hardship on you, we will pay your reasonable share of the administration and arbitrator fees notwithstanding paragraph (ii).

(iv) Remote hearings. Hearings, if any, will be held by video conference unless you and we both agree in writing to an in-person hearing.

(v) Small-claims preservation. Nothing in this Section 15.4 prevents you from bringing an individual claim within the monetary jurisdiction of the small-claims court of your province of residence in that court rather than in arbitration.

The arbitrator's decision is final and binding on the parties, subject only to the limited grounds for review under the Ontario Arbitration Act, 1991 or the analogous statute of the province in which the arbitration is held.

The following Disputes are exempt from arbitration:

(a) Small-claims Disputes within the monetary jurisdiction of the small-claims court of the User's province of residence (in Ontario, the Small Claims Court of the Superior Court of Justice);

(b) Disputes seeking injunctive or other equitable relief for the protection of intellectual-property rights;

Class-Action Waiver. To the maximum extent permitted by law, you and we agree that any Dispute will be brought in your or our individual capacity only and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. Neither you nor we may consolidate arbitrations of multiple Disputes without the consent of all affected parties and the arbitrator.

Class-Waiver Severability. If the class-action waiver in the preceding paragraph is held by a court of competent jurisdiction to be unenforceable for any reason, then the entirety of this arbitration provision (Section 15.4) is null and void for the Dispute giving rise to that holding, and the Dispute will be resolved in court under Section 15.3. The rest of these Terms remains in full force and effect. This severability rule is intended to ensure that consumers are not stripped of class-action rights while simultaneously being forced into individual arbitration.

Right to Opt Out. You may opt out of this arbitration provision and class-action waiver by sending written notice of your decision to opt out, including your name, mailing address, and email address, to the address in Section 17 within thirty (30) days of first accepting these Terms. Opting out does not affect your right to use the Service. Opting out of one acceptance of these Terms operates to opt out of all subsequent versions, unless you expressly opt back in.

16. General Provisions

16.1 Entire Agreement

These Terms (including the Privacy Policy and any other policies incorporated by reference) constitute the entire agreement between you and us with respect to the Service and supersede all prior agreements, oral or written, between you and us with respect to the Service.

16.2 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. A waiver must be in writing and signed by an authorised representative of Dibby.

16.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permitted by law to reflect the original intent of the parties, and the remaining provisions will continue in full force and effect.

16.4 Assignment

You may not assign these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. Any purported assignment without consent is null and void. We may assign these Terms freely, in whole or in part, including in connection with a merger, acquisition, or sale of all or substantially all our assets.

16.5 No Third-Party Beneficiaries

Except as expressly set forth in Section 12 (Indemnification) with respect to the Indemnified Parties, these Terms do not confer any rights or remedies on any person other than you and us.

16.6 Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms when the failure or delay results from causes beyond our reasonable control, including without limitation acts of God, natural disasters, war, terrorism, civil disturbance, government action, labour dispute, power failure, network failure, cyberattack, pandemic, or epidemic.

16.7 Notices

We may give you notice by email to the email address associated with your account, by in-app notification, or by posting on the Service. You must give us notice by email to the address in Section 17.

16.8 Relationship of the Parties

You and we are independent contractors. No partnership, joint venture, agency, fiduciary, or employment relationship is created by these Terms.

16.9 Export Compliance

You agree to comply with all applicable export, re-export, and sanctions laws and regulations of Canada, the United States, the European Union, and any other applicable jurisdiction.

16.10 Government Users

If you are a Canadian government entity, a US Government entity or contractor, or any other governmental entity, the Service is a "commercial item" as defined in applicable government procurement regulations, and your use is subject only to these Terms.

16.11 Headings

Section headings are for convenience only and have no legal effect.

16.12 Language

These Terms are drafted in English. To the extent translations are made available, the English version controls in case of any conflict, except where applicable law requires otherwise (for example, Quebec, where the French version may control for Quebec consumers).

17. Contact

If you have questions about these Terms, you may contact us at:

Email: legal@dibby.ca
Postal address: Dibby, Toronto, Ontario, Canada

18. App Store Additional Terms

18.1 Google Play Store

If you obtained the Service from the Google Play Store, you acknowledge and agree that these Terms are between you and Dibby, not between you and Google LLC ("Google"), and that Google is not responsible for the Service or its content. Google has no obligation to provide support or maintenance for the Service. The Google Play Terms of Service apply to your use of the Google Play Store; nothing in these Terms supersedes those terms.

18.2 Apple App Store

Inactive at version 1.0. This subsection is provided for use if and when the Service becomes available through the Apple App Store. Until that time, this subsection has no effect and may be disregarded. We will give reasonable advance notice (in addition to the modification-notice procedure in Section 14) before activating this subsection. The text below is provided for transparency only.

If you obtained the Service from the Apple App Store, you acknowledge and agree that:

(a) These Terms are between you and Dibby, not between you and Apple Inc. ("Apple"), and that Apple is not responsible for the Service or its content;

(b) Your use of the Service is also governed by Apple's standard End User License Agreement (the "Apple EULA"). To the extent these Terms are less restrictive than, or otherwise conflict with, the Apple EULA, the more restrictive or conflicting term in the Apple EULA applies;

(d) Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including product-liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation;

(e) Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that the Service or your use of the Service infringes a third party's intellectual-property rights;

(f) You represent and warrant that (i) you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country, and (ii) you are not listed on any US Government list of prohibited or restricted parties;

(g) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

End of Terms of Service.