1. GENERAL

Welcome to hurtblocker.com, accessible as a website and as an application available on the Apple App Store and Google Play Store (collectively referred to as the “Website” or “App”) owned by Innovation Semperform Inc (“Semperform”). References to the ‘Website’ include your use of the App, and references to the ‘App’ include your use of the Website. Your use of the App is subject to the following terms and conditions (the “Terms”) and all applicable laws (including, where applicable, Québec consumer protection and privacy laws). By accessing and using the App, you agree to be bound by these Terms. If you do not agree with any or all of the Terms, please do not use the website or the application.

Your use constitutes your agreement to follow and be bound by these Terms, as amended from time to time in accordance with section 16(g). The App is intended for use by adults only or with consent by a guardian. By using the App, you represent that you are of legal age to enter into agreement and will be bound by its Terms. If you are under the age of majority in the jurisdiction in which you reside and or access the App, your parent or guardian must authorize your use. Therefore, as a minor you should not use the App but instead have your parent or guardian provide any personal information to Semperform.

Semperform reserves the right at its discretion to change, modify, alter or otherwise update the Terms without any prior written notice. Your continued use of the App following any such change will constitute your acceptance of the new Terms and other policies, as modified therein. For Québec consumers, any amendment will follow the notice and cancellation rights described in section 16(g).

Should you use the App on behalf of a company, club or school, you represent that you have authority to bind that entity. In that case “you” also means that entity. Certain clauses expressly distinguish business users from consumers (natural persons acting for non‑business purposes).

2. INTELLECTUAL PROPERTY

“Hurtblocker” as well as all other trademarks, trade names, logos, slogans and images used by Semperform in relation to its services and products (“Marks”) are trademarks of Semperform and may not be copied, imitated or used in whole or in part without the prior written permission of Semperform. The Website and all of its materials, including but not limited to, its software or HTML code, scripts, text, artwork, photographs, image, audio clips and video clips (collectively, “Materials”), are owned or provided by Semperform and protected by copyright and other intellectual property laws.

Nothing in this Website shall be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act or Trademarks Act of Canada or statutes found in any other applicable jurisdiction.

You may view or download the App for personal, non-commercial use, provided that you do not modify or remove any copyright or other proprietary notices and do not make additional copies of the App.

This is a limited license, without any transfer of any title, subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the App or any of its Materials without our prior written permission; you may not access or use the App for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other uses of these Materials is strictly prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us, as applicable.

Feedback License (NonConfidential): If you choose to submit ideas, suggestions or other feedback about the App or our services, you grant Semperform a nonexclusive, royaltyfree, worldwide, perpetual license to use and exploit such feedback for any purpose, without attribution or compensation (except for any personal information, which is handled in accordance with our Privacy Policy).

3. PROHIBITED USES

The Website may only be used for lawful purposes and is only available to you for your personal, non-commercial use.

You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the App. Semperform specifically prohibits and requires all users to, inter alia, agree not to use the Website for any of the following purposes:

• engaging in conduct that would constitute a civil or criminal offence, giving rise to civil or criminal liability or otherwise violate any city, provincial, national or international law or regulation that would fail to comply with accepted Internet protocol;
• communicating, transmitting, or posting material that is copyrighted, trademarked or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it;
• communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• attempting to interfere in any way with the Website's or Semperform's networks or network security, or attempting to use the Website's service to gain unauthorized access to any other computer system;
• restricting any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website, or do anything, which in the sole discretion of Semperform, imposes an unreasonable or disproportionately large load on the Website infrastructure;
• communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
• violating or attempting to violate the security of the Website, including but not limited to:
• accessing data not intended for you or logging on to a Semperform server, which you are not authorized to access;
• attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• attempting to interfere or interfering with the operation of the Website, our providing services to any other visitors to the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "mail bombing" or "crashing" the Website; and
• forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to the Website.
• otherwise use the Website in any manner that Semperform deems to be inconsistent with these Terms or applicable law.

4. SOCIAL MEDIA

Semperform is not responsible for any text, image, video, audio, or any information, content or other materials that may be introduced into or posted through this Website or any other Semperform social networking sites such as Instagram and Facebook (collectively, the “Material”).

By using Semperform social media sites, you agree not to introduce or post Material that is unlawful or infringes third-party rights, including without limitation, never to knowingly or otherwise introduce or post or provide Material that is defamatory, libellous, slanderous, obscene, abusive, fraudulent, promotes hatred or otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or is otherwise unlawful or in contravention of applicable laws and regulations.

Without limiting the generality of any other provision of these Terms and to the extent permitted by applicable law, you agree to defend and hold Semperform harmless against all claims, damages, liability, losses or expenses resulting from or related to your Material. Semperform reserves the right to edit, alter or delete any Material at any time without prior notice in its sole discretion.

All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.

5. USE OF MATERIAL / USE OF APP

Use of Material
Semperform does not wish to receive Material from you that is or may be confidential, secret or proprietary information. Therefore, you acknowledge and agree that any Material which you provide to Semperform including, but not limited to, your ideas, suggestions, comments and other feedback regarding your use of or in connection with this Website or our services, is not, except as may be required under applicable law(s) or pursuant to the Semperform Privacy Policy, confidential, secret or proprietary (except for personal information governed by our Privacy Policy and applicable privacy laws).

You acknowledge and agree that unprotected email communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that your Material and Semperform's use of such Material as permitted in these Terms, does not infringe on your rights or the rights of any other person or entity.

By providing any Material and subject to all applicable privacy laws, you grant Semperform the right to use such Material for our business purposes, in accordance with our Privacy Policy.

Use of App: Unauthorized Use Involving Third Parties
You shall not use the App, or any feature or functionality enabled by or accessed through the App (including, without limitation, audio recording, video recording, photography, live streaming, screen capture or data collection features), to record, film, photograph, monitor, track, or otherwise capture the image, voice, likeness, personal information or activities of any third party without first obtaining that third party’s prior, informed, and legally valid authorization, where such authorization is required by applicable law.

Without limiting the foregoing, you expressly agree that:

1. Legal Compliance
   You are solely responsible for ensuring that their use of the App and any associated device complies with all applicable privacy, surveillance, data protection, and criminal laws, regulations, and civil obligations in all applicable jurisdictions, including laws governing consent to audio or video recording, reasonable expectations of privacy, and the collection or use of personal information.
2. No Unauthorized Filming or Recording
   You shall not use the App to secretly or covertly record any individual, nor to record any individual in circumstances where that individual has a reasonable expectation of privacy, including but not limited to private residences, workplaces, locker rooms, washrooms, medical facilities, or other private or semi-private environments, except where expressly permitted by law and with all required consents.
3. Third-Party Consent
   Where applicable law requires consent, you must obtain such consent prior to any recording or capture and must retain responsibility for proving that valid consent was obtained. Consent must be clear, informed, and voluntary, and must cover the nature, purpose, and scope of the recording or use.
4. User Responsibility and Liability
   Any unauthorized recording or use involving a third party constitutes a material breach of these Terms. You acknowledge and agree that you are solely responsible for any claims, damages, penalties, fines, losses, or legal consequences arising from such conduct, including violations of privacy, data protection, wiretapping, surveillance, or similar laws.
5. Indemnification
   You agree to indemnify, defend, and hold harmless Semperform, its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your unauthorized recording or use of the App involving third parties.
6. No Monitoring or Endorsement
   Semperform does not monitor, control, or authorize how users record or interact with third parties and expressly disclaims any responsibility or liability for your conduct that violates applicable law or third-party rights.

6. USE OF MOVEMENT DATA OF CHILDREN UNDER 18

1. General
   
   The Website and related software may include features that collect, analyze, or interpret movement related data (including but not limited to activity, positioning, gesture or behavioural data) (“Movement Data”). Movement Data may constitute personal information and, where it enables identification, location or profiling of an individual, may only be collected or activated with express prior consent, as required by applicable privacy laws, including Québec’s Act respecting the protection of personal information in the private sector, commonly known as “Loi 25”.


2. Children Under 18 — Parental or Guardian Authorization Required
   
   The Website is not intended for use by minors unless their parent or legal guardian has expressly authorized such use. Where Movement Data relates to a child under eighteen (18) years of age:
   1. the parent or legal guardian must provide express, opt in consent for the collection, use, activation or disclosure of any Movement Data;
   2. such consent must be informed and must identify the purposes for which Movement Data will be collected or used; and
   3. the parent or legal guardian is solely responsible for ensuring the child understands the nature of the data being collected and the functionalities of the Website that they allow.
   NOTE: The information provided as reported by the parent/guardian and is not verified or evaluated.


3. Schools, Educational Institutions and Youth Organizations
   
   If a school, school board, teacher, coach, camp, community centre or other organization (“Institutional User”) uses the Website for or on behalf of minors, such Institutional User represents and warrants that:
   1. it has obtained, in advance, all necessary consents from parents or legal guardians for: (i) the minor’s use of the Website; and (ii) the collection, activation and processing of Movement Data;
   2. such consent meets all applicable legal requirements, including requirements relating to express consent, purposes, secondary uses, withdrawal rights, and technological profiling under Loi 25;
   3. it will provide Semperform with proof of such consent upon request; and
   4. it is solely responsible for its compliance with all obligations relating to children’s personal information.
   Semperform does not obtain consent on behalf of any Institutional User and shall not be held responsible for an Institutional User’s failure to obtain such consent.


4. Movement Data Technologies Disabled by Default
   
   Any feature that relies on Movement Data for identifying, locating, behavioural analysis, or profiling individuals is disabled by default. Such features will only be activated once Semperform receives:
   1. the user’s express consent if the user is an adult; or
   2. express consent from a parent/guardian or Institutional User, as applicable, in the case of minors.
5. Withdrawal of Consent and Deactivation
   
   Parents, guardians, and Institutional Users may withdraw consent at any time. Upon withdrawal:
   1. Movement Data collection and associated functionality will cease; and
   2. Semperform will deactivate any Movement Data based features for the affected minor.
6. Limitation of Semperform Liability
   
   To the fullest extent permitted by applicable law, Semperform shall not be liable for:
   1. any use of Movement Data by a parent, guardian, or Institutional User;
   2. any failure of a parent, guardian, or Institutional User to obtain consent that meets legal requirements;
   3. any inaccurate, incomplete, or misleading information provided to Semperform regarding a user’s age or parental/guardian identity; or
   4. any unauthorized access caused by the acts or omissions of parents, guardians, or Institutional Users.
   For Québec users: Nothing in this section limits liability that cannot be limited under Québec law, including liability for intentional or gross fault or for bodily or moral injury.

7. ATHLETE DATA AND PERFORMANCE TRACKING

1. Purpose of Athlete Related Data Collection
   
   The Website and related software may include features designed for athletic use, including tracking, analyzing, or interpreting movement, performance metrics, training data, physiological indicators, and behavioural patterns (“Athlete Data”). Athlete Data may involve technologies that identify, locate or profile users and Semperform may require the express, opt in consent before they may be activated.


2. Athletes Under 18
   
   Where an athlete is a minor (under 18 years of age), the requirements of section 6 (Use of Movement Data of Children Under 18) apply in full. In particular, express parental or guardian consent is required prior to the activation or use of any Athlete Data tracking features.


3. Adult Athletes
   
   Adult athletes (18+) may consent to the activation and use of Athlete Data tracking features. Such consent must be:
   1. express and opt in;
   2. specific to the purposes for which Athlete Data is collected; and
   3. capable of being withdrawn at any time without affecting access to non-tracking features of the Website.
   Technologies used for identifying, locating or profiling athletes are disabled by default until such consent is obtained.


4. Teams, Coaches, Trainers, Sporting Associations, and Educational Institutions
   
   If a coach, trainer, team, school, sports association, academy, league, or any other organization (“Athletic Organization”) uses the Website for or on behalf of athletes, the Athletic Organization represents and warrants that:
   1. it has obtained all legally required consents from each athlete (or the athlete’s parent/guardian, in the case of minors);
   2. such consent meets the requirements of applicable privacy laws, including express consent for profiling/identifying technologies;
   3. it will maintain verifiable records of such consent and provide them to Semperform upon request; and
   4. it will comply with all obligations applicable to the processing of personal information of athletes, including retention, security, withdrawal of consent, and incident reporting procedures.
   Semperform does not obtain consent on behalf of any Athletic Organization and is not responsible for the sufficiency or validity of such consent.


5. Use of Athlete Data
   
   Athlete Data may be used:
   1. to provide performance analytics, insights, or feedback;
   2. to enhance user experience by tailoring training related recommendations;
   3. to maintain or improve overall platform functionality; and
   4. in aggregated or anonymized form for product improvement, research, or statistical purposes.
   Semperform does not sell personally identifiable Athlete Data. Semperform may, however, license, share, or sell anonymized or aggregated metadata and Movement Data to third parties, provided that such use is consistent with applicable law. Under no circumstances will Semperform disclose personally identifiable Athlete Data to third parties for commercial purposes without the individual’s explicit consent, except where required by law.


6. Withdrawal of Consent
   
   Athletes, parents/guardians, and Athletic Organizations may withdraw consent at any time. Upon withdrawal:
   1. Athlete Data tracking features will be deactivated;
   2. no new Athlete Data will be collected; and
   3. previously collected Athlete Data will be retained, anonymized, or deleted in accordance with the Privacy Policy and applicable law.
7. Limitations of Liability
   
   To the fullest extent permitted by applicable law, Semperform shall not be liable for:
   1. any failure of an Athletic Organization to obtain required consent;
   2. unauthorized access or misuse of Athlete Data by third parties, parents, guardians, coaches, or Athletic Organizations; or
   3. inaccurate, incomplete, or misleading information provided to it about an athlete’s identity, age, or consent status.
   For Québec users: Nothing in this Section limits liability that cannot be limited under Québec law, including liability for intentional or gross fault or for bodily or moral injury.

8. DISCLAIMER OR WARRANTIES AND LIMITATION OF LIABILITY

To the fullest extent permitted under applicable law, access and use of the Website is provided “as is” and at your own risk. Semperform makes no representations, warranties, or covenants, express or implied, written or oral, statutory or otherwise, regarding the Website including, without limitation, no representation, warranty, or covenant that (i) the content contained in or made available through the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit for a particular purpose; (ii) the Website or content will be accurate, complete, current, reliable, timely, or suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) and that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website, as applicable, will be secure and/or not intercepted.

Some jurisdictions may not allow limitations on certain statutory warranties. In such cases, this section applies only to the extent permitted by law.

1. Any Movement Data, analytics, scores, or risk indicators provided by the App, including but not limited to “red light” or other alert statuses, are intended solely for informational and personal use by the Athlete. They are not a guarantee, recommendation, or assessment of performance, eligibility, health, or suitability for any professional, scholastic, or athletic opportunities.
2. Semperform is not responsible for decisions made by third parties (such as teams, coaches, or educational institutions) based on Movement Data or other information from the App. The user acknowledges that third parties may independently interpret data, and Semperform has no control over such interpretations or resulting actions.
3. To the fullest extent permitted by law, Semperform shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of contract, scholarship, employment, or other opportunities, arising from or related to the Athlete’s use of the App or reliance on any Movement Data or analytics.
4. By using the App, the user acknowledges that they understand and accept these limitations and disclaimers and agree that Semperform is not responsible for any outcomes resulting from the use or interpretation of data.

9. JURISDICTION

The Website is intended for use in Canada. Access from other jurisdictions is at your own risk, and you are responsible for compliance with local laws.

10. NON-MEDICAL USE NOTICE / NOT MEDICAL ADVICE

This application is not a medical or diagnostic tool. It does not provide medical advice, diagnosis, screening, prediction, or treatment of any health condition. It is for general information for convenience and information purposes only and thus cannot, under no circumstances, replace the advice, diagnosis, treatment, care or opinion of a doctor, or any other health professional. Any health-related information collected is used solely for administrative purposes and is not reviewed, interpreted, assessed by or intended for medical professionals.

The information provided is not a substitute for professional medical advice. Under no circumstances should you ignore the advice of a health professional or delay the moment to get such advice due to content you may have read on the Website. Always consult with your physician or other qualified healthcare provider before embarking on a new treatment, diet, or fitness program. Information obtained on the Website is not exhaustive and does not cover all diseases, ailments, physical conditions or their treatment.

DO NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or a duly qualified healthcare provider or 911 immediately. Under no circumstances should you attempt self-treatment based on anything you have seen or read on the Website.

YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THE WEBSITE IS SOLELY FROM AND AT YOUR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED HEREWITH. Without limiting the generality of any other provision of these Terms, Semperform cannot be held responsible for any injury, even death, caused by your use or misuse of the Website and its content.

11. NO ENDORSEMENT

Unless specifically stated, Semperform does not recommend or endorse any specific brand of products, services, procedures, or other information that appears or that may be advertised on the Website.

12. HYPERLINKS

Semperform may provide hyperlinks to other websites that are not managed nor controlled in any way by us, and access to content, products and services from third parties. We are not responsible for the quality and exactitude of the products and services, content, availability and the fulfillment of any third-party websites, mobile applications or other services or platforms. The inclusion of any link does not imply endorsement by Semperform.

We offer no guarantees regarding other websites to which Semperform gives you access. It is entirely your responsibility to ensure that the websites which you choose to access are free from any destructive elements, including viruses. You must refer to the policies and conditions of use appearing on those websites, regarding privacy and other topics before accessing, consulting or using them. We are not responsible for the information or content associated with these hyperlinks.

13. LIABILITY AND INDEMNITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEMPERFORM, ITS OFFICERS, DIRECTORS, SHAREHOLDER, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, LINKS WITH OTHER WEBSITES OR SOCIAL MEDIA, EVEN IF SEMPERFORM OR ANY OF ITS LAWFUL AGENTS, CONTRACTORS, EMPLOYEES OR MANDATARIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

NOTHING IN THE ABOVE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR INTENTIONAL OR GROSS FAULT OR FOR BODILY OR MORAL INJURY. FOR BUSINESS USERS ONLY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SEMPERFORM’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE WEBSITE SHALL NOT EXCEED THE GREATER OF (i) CAD $100 OR (ii) THE AMOUNTS PAID BY YOU, IF ANY, TO SEMPERFORM FOR ACCESS TO PAID FEATURES OF THE WEBSITE IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS (INCLUDING REASONABLE LEGAL FEES) SEMPERFORM, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS FROM CLAIMS ARISING FROM YOUR MISUSE OF THE WEBSITE OR BREACH OF THESE TERMS.

14. PRIVACY POLICY

Our privacy practices are explained in our Privacy Policy, which forms part of these Terms. Please see our Privacy Policy for complete details of the policy. Your continued use of this Website implies that you acknowledge that you have also read our Privacy Policy and agree to its terms and conditions and that you consent to our use of your personal information and the content which you provide us through our Website and social media such as Instagram and Facebook, the whole in accordance with our Privacy Policy. Our Privacy Policy identifies Semperform’s person in charge of the protection of personal information and contact details and describes, among other things, purposes of collection, retention periods, rights of access/correction, incident handling and international transfers, as required by applicable law.

15. COOKIES (also see our Privacy Policy)

Semperform uses "cookies" and similar technologies to track your preferences and activities on the Semperform Website. Cookies are small data files transferred to your computer's hard drive by a website. They keep a record of your preferences making your subsequent visits to the Website more efficient. Cookies may store a variety of information, including, the number of times that you access the Website, your registration information and the number of times that you view a particular page or other item on the Website.

Please see your browser's help files for details on how to disable cookies, how to know when you have received cookies and how to disable cookies completely. You can manage preferences at any time via our cookie banner or settings link. Without cookies, some of the Website's functions may, however, not be available, and you may lose some of the benefits of the Website

The use of cookies is a common practice adopted by most major websites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies.

16. MISCELLANEOUS

1. Binding Effect. These Terms herein shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and assigns.
2. Governing Law. This Website is controlled, owned and operated by Semperform and these Terms and any use of this Website shall be governed by the laws of the Province of Quebec and the laws of Canada applicable therein without reference to principles of conflict of laws.
3. Dispute Resolution. The use of this Website acknowledges and agrees that any dispute that may arise with Semperform in respect of these Terms shall be resolved by the Provincial and Federal Courts and Tribunals sitting in Montreal, Quebec and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these Courts.
4. Language. The parties hereby acknowledge that they have taken cognizance of the entirety of the French version of these Terms available on the Website (hurtblocker.com/fr/) and that they have examined each of the stipulations contained herein. Les parties reconnaissent avoir pris connaissance de l’intégralité de la version française des présentes Conditions d’utilisation disponibles sur le Site web (hurtblocker.com/fr/), et avoir examiné chacune des stipulations énoncées.
   
   In the event of discrepancy between language versions, the French version governs for Quebec consumers, to the extent required by law.
5. Severability. If any provisions of these Terms and conditions are held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the other portions hereof, all of which provisions are hereby declared severable.
6. Entire Agreement. These Terms, together with all other agreements, terms or conditions incorporated or referred to herein constitute the entire agreement between you and Semperform with respect to the Website. No other agreement, whether written or oral, shall be in force with regards to the use of this Website.
7. Amendments. We may amend these Terms by posting an updated version with a new “Last Updated” date.
   
   For Québec consumers only: if we make an unfavorable amendment to a contract of indeterminate duration or modify a non‑essential element of a fixed‑term contract, we will provide at least thirty (30) days’ prior written notice describing the amendment, its effective date and your rights; you may cancel the contract without penalty by notifying us within thirty (30) days after the amendment takes effect. We will not unilaterally amend essential elements of a fixed‑term consumer contract. For business users, amendments are effective upon posting and your continued use after the effective date constitutes acceptance.
8. No Waiver. Semperform’s failure to enforce any provision(s) of these Terms or to respond to a breach by you or any third party of these Terms shall not in any way waive the right of Semperform to subsequently enforce any of the Terms and conditions contained herein or to act with respect to other similar or future breaches.
9. No assignment. You may not assign your rights or obligations herein without the express written consent of Semperform.
10. Termination. The headings used herein are inserted purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms and conditions herein.
11. Headings. The headings used herein are inserted purely for the purposes of convenience or reference and do not affect the construction or interpretation of the Terms and conditions herein.
12. Electronic Communications. We may send you transactional or service communications (e.g., account, security, legal notices). Marketing emails or texts will be sent with your prior consent and will include an unsubscribe mechanism. You may withdraw your consent at any time.