Terms of Service

Last updated on June 23, 2023

Thank you for using Blens!

These Terms of Service (“Terms”) are a binding legal agreement between you and Blens that govern your right to use the websites, applications, and other offerings from Blens (collectively, the “Blens Platform”). When used in these Terms, “Blens,” “we,” “us,” or “our” refers to the Blens entity with whom you are contracting.

The Blens Platform offers an online venue that enables users to publish, offer, search for, and book services. Users who publish and offer services are “Creatives” and users who search for, book, or use services are “Clients.” Creatives offer various creative services (collectively, “Creative Services,” and each Creative Service offering, a “Session type”). You must register an account to access and use many features of the Blens Platform, and must keep your account information accurate. As the provider of the Blens Platform, Blens does not own, control, offer or manage any Sessions types or Creative Services.

Client Terms

1. Our Mission

At Blens, our mission is to empower creatives by providing them with the resources they need to make a living from their work. We strive to create a supportive community where artists can thrive, connecting them with audiences who appreciate and consume their creations. Our goal is to bridge the gap between creatives and their audiences, fostering meaningful connections and contributing to a vibrant cultural landscape.

2. Searching and Booking on Blens.

2.1 Searching.

Currently, on Blens, you can browse through various creatives on the explore page. You can explore creatives based on different categories, locations, available dates, and the number of guests. While browsing, you have the option to use filters to refine your search results. The search results are presented based on their relevance to your search, considering factors such as price, availability, reviews, customer service, cancellation history, popularity, and more. Please note that Blens is continuously working on developing more sophisticated search and filtering features to enhance your experience and help you find the best creative that suits your needs more easily. These additional search and filtering functionalities will be available in the future updates of the platform.

2.2 Booking.

When you book a session, you agree to pay all charges associated with the booking, including the session price, applicable fees, taxes, and any other items identified during the checkout process. Blens, via the designated payment method, may charge the payment to collect any potential damage claims. Upon receiving the booking confirmation, a contract for creative services (a "Reservation") is formed directly between you and the creative. In addition to these Terms of Use, you are responsible for complying with all terms of the Reservation, including the cancellation policy and any other rules, standards, policies, or requirements specified by the creative or during checkout. It is your responsibility to read and understand these rules, standards, policies, and requirements before booking a session.

2.3 Session Reservations.

A session reservation entitles you to participate in, attend, or use the creative's services. It grants you a limited license to access and utilize the session. The creative retains the right to make reasonable re-entries during the session, as long as it is reasonably necessary, permitted by your agreement with the creative, and consistent with applicable law. Please ensure that you comply with the maximum number of allowed guests and any specific requirements or conditions set by the creative.

3. Cancellations, Issues, Refunds, and Booking Modifications:

3.1 Cancellations and Refunds.

At Blens, we have implemented a cancellation policy to ensure clarity and fairness for our clients. By default, all clients fall under our general cancellation policy, which allows for a full refund if a session is canceled at least 72 hours before the scheduled date and time. We understand that circumstances can change, and in the future, we will introduce a feature that allows creatives to specify their own cancellation policies. Additionally, under extenuating circumstances, we reserve the right to evaluate each case individually and may issue a partial or full refund to the client. Please note that our cancellation, refund, and booking modification policies are designed to provide a transparent and reliable booking experience for our clients. We are continuously working to enhance our policies and services to better serve our community of creatives and clients. If you have any further questions or need assistance regarding our policies, please don't hesitate to contact our dedicated customer support team.

3.2 Booking Modifications.

Both clients and creatives are responsible for any modifications to bookings made through the Blens platform or with the assistance of our customer service. Any changes to the booking, including additional amounts, fees, or taxes, will be the responsibility of the parties involved in the booking modification. We encourage open communication and collaboration between clients and creatives to ensure smooth booking modifications that meet the needs of both parties.

4. Your Responsibilities and Assumption of Risk.

4.1 Your Responsibilities.

At Blens, we prioritize accountability and expect our clients to take responsibility for their actions and the actions of anyone they invite to join or access any creative service. This means that you are responsible for leaving the session location and any related property in the same condition as when you arrived. You are also liable for any reasonable amounts required to cover damages caused by you, your guests, or your pets during the session. Additionally, we require you to conduct yourself with integrity, treat others with respect, and comply with all relevant laws and regulations. If you are making a booking for a minor or bringing a minor to a creative session, you must have the legal authority to act on their behalf and are solely responsible for their supervision.

4.2 Your Assumption of Risk.

We want to ensure that our clients are aware of the inherent risks associated with creative services. By accessing and using the Blens platform, you acknowledge and agree that, to the maximum extent permitted by applicable law, you assume all risks associated with your participation in any creative session or interaction with other members. This includes activities that may involve risks of illness, bodily injury, disability, or even death. It is your responsibility to thoroughly evaluate and assess the suitability of a creative service before engaging in it. By choosing to participate, you willingly accept and assume these risks associated with the creative services.

Creative Terms

5. Showcasing on Blens.

5.1 Creatives.

As a Creative on the Blens platform, you have the opportunity to share your creative work, whether it's in the form of art, design, photography, writing, or any other creative service, with our vibrant community of Clients and earn income from your talents. Creating a Portfolio on Blens is simple, and it allows you to effectively showcase your work and services to potential Clients. You have the freedom to create engaging portfolios and display your services in a way that best represents your unique creative abilities.

5.2 Contracting with Clients.

When you accept a booking request or receive a booking confirmation through the Blens platform, you enter into a direct contract with the Client. As a Creative, you are responsible for delivering your creative services to the Client according to the terms and pricing specified in your Listing. By accepting bookings, you agree to comply with applicable fees, including Blens' service fee and any relevant taxes, for each booking. Blens Payments will deduct the amounts owed from your payout, unless alternative arrangements have been agreed upon. Any additional terms, policies, or conditions that you include in a supplemental contract with Clients must be consistent with Blens' Terms of Use, Additional Legal Terms, Policies, and the information provided in your Listing. It is important to prominently disclose these terms in your Listing description to ensure transparency and clarity for Clients.

5.3 Independence of Creatives.

As a Creative on Blens, you maintain your independence as an individual or entity. Blens does not direct or control the creative services you provide. You have the freedom to decide when and how to offer your services, including setting your own prices and determining the terms and conditions that best suit your creative offerings. While Blens may act as a payment collection agent, your relationship with Blens is not that of an employee, agent, joint venturer, or partner. Please refer to Blens' Payment Terms for more information on payment processing.

6. Managing your session types

6.1 Creating and managing your session types

Blens provides you with intuitive tools to create and manage your session types effectively. It's important to create a comprehensive and accurate listing that includes all the relevant information about your session, such as the type of creative service you offer, pricing details, any additional charges (e.g., materials fees, location fees), and any specific rules or requirements for your clients. You are responsible for keeping your listing information up to date, including availability on the calendar, and ensuring the accuracy of the content, such as photos. We recommend obtaining appropriate insurance coverage for your creative services and reviewing policy terms and conditions, including coverage details and exclusions. You may have one listing per session type, but you can create multiple listings if you offer different session options for the same creative service. Any offering of a session type is subject to our Additional Terms for Creatives.

6.2 Know your legal obligations

As a Creative on Blens, it is your responsibility to understand and comply with all applicable laws, rules, regulations, and contracts with third parties that pertain to your session types and the services you offer. For example, certain leases, homeowner or condominium association rules, and local regulations may restrict or prohibit specific types of creative services or short-term rentals. Some jurisdictions may require registration, permits, or licenses for providing certain creative services. It is important to familiarize yourself with the local regulations and legal obligations that apply to your session types. The information provided by Blens regarding legal requirements is for informational purposes only, and it is recommended that you seek independent legal advice to ensure compliance.

6.3 Your Responsibilities

You are responsible and liable for your own actions and omissions, as well as the actions and omissions of anyone involved in providing your creative services. It is your responsibility to set the price for your session types and establish the rules and requirements that govern them. Any fees or charges must be clearly described in your listing, and you may not collect any additional fees or charges outside the Blens platform, except for those explicitly authorized by our policies. You must not encourage clients to engage in activities that violate our Off-Platform Policy, such as creating third-party accounts, submitting reviews outside the platform, or sharing contact information.

6.4 Hosting as a Team or Organization

If you work as part of a team, business, or organization and collaborate with co-hosts or other hosts, each individual and entity involved in providing creative services is responsible and liable as a host under Blens' Terms of Use. If you accept terms or enter into contracts, you represent and warrant that you have the authority to do so on behalf of your team, business, or organization, and that all entities involved are in good standing under the relevant laws. If you instruct Blens to transfer a portion of your payout to a co-host or other hosts, or to make payments to third parties, you must have the necessary authorization and assume responsibility for the accuracy of the payment information provided.

6.5 Your Assumption of Risk

Hosting creative services carries inherent risks, and you agree to assume the entire risk associated with accessing and using the Blens platform, offering your creative services, and interacting with other members of the community, both online and offline. It is your responsibility to conduct due diligence regarding the Blens platform, any applicable laws, rules, regulations, and obligations related to your session types and creative services. You acknowledge that you are not relying on any statements of law made by Blens and that you have had the opportunity to investigate and understand the platform and its associated risks.

7. Transferring Finished Work

7.1 Uploading and Sharing.

The Blens platform provides you with the ability to upload and transfer your finished work to clients. You can securely share your work by uploading it to the platform and providing access to your clients.

7.2 Ownership and Responsibility.

You retain full ownership of your finished work transferred through the Blens platform. You are solely responsible for the content and quality of the work you transfer to clients. Blens does not claim ownership of your finished work.

7.3 Security and Privacy.

We prioritize the security and privacy of your transferred work. Blens implements industry-standard measures to protect your work from unauthorized access or disclosure. However, it is important to note that no method of transmission over the internet or electronic storage is completely secure. You should take appropriate precautions to protect your work and ensure its confidentiality.

7.4 Client Access.

When you transfer finished work to a client through the Blens platform, you grant them access to view, download, and use the work for the intended purpose as agreed upon between you and the client. The terms of usage should be clearly communicated and agreed upon by both parties.

8. Cancellations, Issues, and Booking Modifications.

8.1 Cancellations and Refunds

At Blens, we understand that cancellations and unforeseen circumstances can sometimes arise. We have established a clear and fair cancellation policy to provide guidance for our clients. By default, all clients fall under our general cancellation policy, which allows for a full refund if a session is canceled at least 72 hours before the scheduled date and time. We value the flexibility and autonomy of our creatives, and in the future, we will introduce a feature that enables them to specify their own cancellation policies. This will allow clients to have a better understanding of the cancellation terms when booking a session with a specific creative. Furthermore, under extenuating circumstances, we reserve the right to evaluate each case individually. If a client encounters such circumstances, we may issue a partial or full refund to ensure fairness and address exceptional situations.

8.2 Booking Modifications

We understand that sometimes changes need to be made to a booking. Both clients and creatives are responsible for any modifications to bookings made through the Blens platform or with the assistance of our customer service. Any adjustments to the booking, including additional amounts, fees, or taxes, will be the responsibility of the parties involved in the booking modification.

9. Taxes.

9.1 Host Taxes.

As a Host on Blens, you have the responsibility to determine and fulfill your obligations under applicable laws regarding the reporting, collection, remittance, or inclusion of any applicable taxes, such as VAT or other indirect taxes, occupancy taxes, tourist taxes, income taxes, or any other relevant taxes (collectively referred to as "Taxes").

9.2 Collection and Remittance by Blens.

In certain jurisdictions where Blens facilitates the collection and/or remittance of Taxes on behalf of Hosts, you authorize Blens to collect Taxes on your behalf and/or remit the collected Taxes to the relevant tax authority. Any Taxes collected and/or remitted by Blens will be clearly identified on the transaction records of the respective Members. In the event that the Taxes collected and/or remitted by Blens are insufficient to fully discharge your tax obligations, Blens may seek additional amounts from you (including by deducting such amounts from future payouts). In such cases, your sole remedy for Taxes collected by Blens is to seek a refund from the applicable tax authority. Please note that Blens retains the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

9.3 Tax Information.

In some jurisdictions, tax regulations may require Blens to collect and/or report tax information about you, withhold taxes from your payouts, or both. If you fail to provide sufficient documentation to support any obligation to withhold taxes from your payouts, Blens may withhold the necessary amount as required by law until the proper documentation is provided. By using the Blens platform, you agree that Blens may issue invoices or similar documentation for VAT, GST, consumption taxes, or other applicable taxes on your behalf to facilitate accurate tax reporting by you, our Guests, and/or their organizations.

9.4 Quebec Sales Tax.

With regard to taxes applicable to services provided to Hosts or Guests under the Act respecting Quebec sales tax, the service fees charged by Blens are deemed to include any Quebec sales tax payable unless the consideration paid or payable for the services and the amount of Quebec sales tax payable (if any) in respect of such services are clearly displayed and presented to you. Please note that a VAT invoice may not be issued with respect to taxes applicable to services provided to Hosts or Guests under the Act respecting Quebec sales tax.

General Terms

10. Reviews

After each session on Blens, clients and creatives will have the opportunity to review each other. It is important to provide accurate and honest reviews that reflect your experience. Reviews must comply with Blens' Content Policy and may not contain any discriminatory, offensive, defamatory, or misleading language. Please ensure that your reviews are respectful and constructive.

11. Content

Blens allows users to provide feedback, text, photos, audio, video, information, and other content (collectively, "Content"). By providing Content on the platform, you grant Blens a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to use, modify, distribute, publish, and exploit that Content without limitation. It is your responsibility to ensure that you have the necessary rights or permissions to grant Blens these rights. While you retain ownership of your Content, Blens may use certain features or services to translate or transcribe the Content for better accessibility or user experience. However, Blens does not guarantee the accuracy or quality of translations, and users should verify the accuracy of translated Content. You are solely responsible for the Content you provide. Please refer to our Privacy Policy for information on how we handle personal information. By providing Content on Blens, you acknowledge and agree to these terms regarding the use, modification, distribution, publication, and exploitation of your Content by Blens within the scope of the platform.

12. Fees

Blens may charge fees (including applicable taxes) to clients and creatives for the use of the platform. The specific details of the fees, including when they apply and how they are calculated, can be found on the Blens website. Please note that service fees are generally non-refundable, unless stated otherwise on the platform. Blens reserves the right to change the service fees with prior notice to the users. If you disagree with any fee changes, you have the option to terminate your agreement with Blens.

13. Blens Platform Rules

13.1 User Conduct

  • Act with integrity and treat others with respect.
  • Do not lie, misrepresent something or someone, or pretend to be someone else.
  • Be polite and respectful when communicating or interacting with others.
  • Follow our Nondiscrimination Policy and do not discriminate against or harass others.

13.2 Prohibited Activities

  • Do not scrape, hack, reverse engineer, compromise, or impair the Blens platform.
  • Do not use bots, crawlers, scrapers, or other automated means to access or collect data or content from the Blens platform.
  • Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Blens platform or its content.
  • Do not decipher, decompile, disassemble, or reverse engineer any software or hardware used to provide the Blens platform.
  • Do not take any action that could damage or adversely affect the performance or proper functioning of the Blens platform.

13.3 Authorized Use

  • Only use the Blens platform as authorized by these Terms or any other agreement with Blens.
  • Use another user's personal information only as necessary to facilitate a transaction using the Blens platform as authorized by these Terms.
  • Do not use the Blens platform, messaging tools, or users' personal information to send commercial messages without the recipient's express consent.
  • Use content made available through the Blens platform solely as necessary to enable your use of the platform as a client or creative.
  • Do not use content unless you have permission from the content owner or the use is authorized by Blens in these Terms or another agreement.

13.4 Compliance and Legal Obligations

  • Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
  • If you provide someone else's personal information, ensure compliance with applicable laws and obtain the necessary authorization.
  • Read and comply with the Blens Terms, Additional Legal Terms, Policies, and Standards.
  • Do not organize or facilitate unauthorized parties or events during your sessions.
  • Do not use the name, logo, branding, or trademarks of Blens or others without permission and as set forth in our Trademark Guidelines.
  • Do not offer or solicit prostitution or participate in or facilitate human trafficking.

13.5 Reporting Violations

  • If you believe that a user, listing, or content on the Blens platform poses an imminent risk of harm to a person or property, contact local authorities first.
  • If you believe that a user, listing, or content has violated our standards, report your concerns to Blens.
  • For copyright infringement, please follow our Copyright Policy.

14. Termination, Suspension, and other Measures

14.1 Term

The agreement between you and Blens, as reflected by these Terms, is effective when you access the Blens Platform (e.g., creating an account) and remains in effect until either you or Blens terminate the agreement in accordance with these Terms.

14.2 Termination

  • You may terminate this agreement at any time by sending us an email or by deleting your account.
  • Blens may terminate this agreement and your account for any reason by providing you with 30 days' notice via email or using the contact information you have provided for your account.
  • Blens may also terminate this agreement immediately and without notice, and stop providing access to the Blens Platform if you breach these Terms, violate our Additional Legal Terms or Policies, violate applicable laws, or if we reasonably believe termination is necessary to protect Blens, its users, or third parties.
  • If your account has been inactive for more than two years, we may terminate your account without prior notice.

14.3 Member Violations

If you breach these Terms, our Additional Legal Terms, Policies, or our Standards, violate applicable laws, regulations, or third-party rights, or if Blens reasonably believes it is necessary to protect Blens, its users, or third parties, Blens may, with or without prior notice:

  • Suspend or limit your access to or use of the Blens Platform and/or your account.
  • Suspend or remove listings, reviews, or other content.
  • Cancel pending or confirmed bookings.
  • Suspend or revoke any special status associated with your account.

For minor violations or as otherwise determined appropriate by Blens in its sole discretion, you will be given notice of any intended measure and an opportunity to resolve the issue. You may appeal actions taken by us under this section by contacting customer service. If a session is canceled under this section, any fees paid to the creative will be reduced by the amount refunded or otherwise provided to the client, and by any other costs incurred as a result of the cancellation.

14.4 Legal Mandates

Blens may take any action it determines is reasonably necessary to comply with applicable law or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described in Section 13.3 above.

14.5 Effect of Termination

  • If you are a creative and terminate your Blens account, any confirmed bookings will be automatically canceled, and clients will receive a full refund.
  • If you terminate your account as a client, any confirmed bookings will be automatically canceled, and any refund will depend upon the terms of the session's cancellation policy.
  • When this agreement has been terminated, you are not entitled to the restoration of your account or any of your content.
  • If your access to or use of the Blens Platform has been limited, your Blens account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Blens Platform through another user's account.

14.6 Survival

Parts of these Terms that, by their nature, survive termination will remain in effect even after the termination of this agreement, including Sections 2 through 25.

15. Modification

Blens may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Blens Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Blens Platform will constitute acceptance of the revised Terms.

16. Resolving Complaints and Damage Claims

If a client provides valid evidence that you, your creative(s), or your property caused damage to the complaining client's real or personal property, or real or personal property for which the complaining client is responsible, including consequential damages ("Damage Claim"), the complaining client can notify Blens and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Blens and Blens determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Blens, via Blens Payments, can collect the amount of the Damage Claim from you. You agree that Blens may seek to recover from you under any insurance policies you maintain and that Blens may also pursue remedies available under applicable law, including referral of the matter to a collections agency and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Blens requests, execute documents, and take further reasonable action in connection with Damage Claims, client complaints, claims under insurance policies, or other claims related to your provision or use of creative services.

17. Blens' Role

We offer you the right to use a platform that enables users to publish, offer, search for, and book creative services. While we work hard to ensure our users have great experiences using Blens, we do not and cannot control the conduct of clients and creatives. You acknowledge that Blens has the right, but not the obligation, to monitor the use of the Blens Platform and verify information provided by our users. For example, we may review, disable access to, remove, or edit content to:

  • Operate, secure, and improve the Blens Platform, including fraud prevention, risk assessment, investigation, and customer support purposes.
  • Ensure users' compliance with these Terms.
  • Comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body.
  • Address content that we determine is harmful or objectionable.
  • Take actions set out in these Terms.
  • Maintain and enforce any quality or eligibility criteria, including by removing listings that don't meet quality and eligibility criteria.

Users acknowledge and agree that Blens administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy), and Standards (such as basic requirements for creatives), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist Blens in good faith, and to provide Blens with such information and take such actions as may be reasonably requested by Blens with respect to any investigation undertaken by Blens regarding the use or abuse of the Blens Platform. Blens is not acting as an agent for any user except where Blens Payments acts as a collection agent as provided in the Payments Terms.

18. User Accounts

You must register an account to access and use many features of the Blens Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Blens Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Blens if you suspect that your credentials have been lost, stolen, or if your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to:

  • Ask you to provide identification or other information.
  • Undertake checks designed to help verify your identity or background.
  • Screen you against third-party databases or other sources and request reports from service providers.
  • Obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

19. Disclaimer of Warranties

Blens provides the Blens Platform and all Content "as is" without warranty of any kind, and we disclaim all warranties, whether express or implied, under Canadian law. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any client, creative, creative service, listing, or third party; (ii) we do not warrant the performance or non-interruption of the Blens Platform; and (iii) we do not warrant that verification, identity, or background checks conducted on listings or users (if any) will identify past misconduct or prevent future misconduct. Any references to a user or listing being "verified" (or similar language) indicate only that the user or listing or Blens has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by Canadian law. If you have statutory rights or warranties that we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by Canadian law.

20. Limitations on Liability

Neither Blens (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Blens Platform or any Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Blens Platform or any Content, (iii) any communications, interactions, or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Blens Platform, or (iv) publishing or booking of a listing, including the provision or use of creative services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Blens has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to creatives under these Terms, or make payments under the Blens Creative Damage Protection or Canada Creative Insurance, in no event will Blens' aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any users, or your use of or inability to use the Blens Platform, any Content, or any creative service, exceed: (A) to clients, the amount you paid as a client during the 12-month period prior to the event giving rise to the liability, (B) to creatives, the amount paid to you as a creative in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred Canadian dollars ($100 CAD).

These limitations of liability and damages are fundamental elements of the agreement between you and Blens. If applicable Canadian law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

21. Indemnification

To the maximum extent permitted by Canadian law, you agree to release, defend (at Blens' option), indemnify, and hold Blens (including Blens Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies, or Standards, (ii) your improper use of the Blens Platform, (iii) your interaction with any user, use of creative services, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction or use, (iv) your failure, or our failure at your direction, to accurately report, collect, or remit Taxes, or (v) your breach of any laws, regulations, or third-party rights, such as intellectual property or privacy rights.

22. Canadian Governing Law and Venue

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal courts of Canada or the courts of the province in which you reside or have your principal place of business, and you waive any objection to the venue or jurisdiction of such courts.

23. Canadian Dispute Resolution and Arbitration Agreement

If you are not a resident of Canada, the arbitration agreement and class action waiver in this Section do not apply to any legal proceeding you bring against Blens in the Province of Quebec. Disputes involving non-Canadian residents are governed by Section 25.

23.1 Application

This Arbitration Agreement only applies to you if your country of residence or establishment is Canada. If your country of residence or establishment is not Canada, and you nevertheless attempt to bring any legal claim against Blens in Canada, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 24 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

23.2 Overview of Dispute Resolution Process

Blens is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 24 applies: (1) an informal negotiation directly with Blens' customer service team (described in paragraph 23.3 below), and if necessary (2) a binding arbitration administered by the American Arbitration Association ("AAA"). You and Blens each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification

At least 30 days prior to initiating an arbitration, you and Blens each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Blens by mailing it to Blens' agent for service. Blens will send its notice of dispute to the email address associated with your Blens account. A notice of dispute must include: the party's name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

23.4 Agreement to Arbitrate

You and Blens mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the Blens Platform, creative services, or any Content (collectively, "Disputes") will be settled by binding individual arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Blens agree that the arbitrator will decide that issue.

23.5 Exceptions to Arbitration Agreement

You and Blens each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 23): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the Blens Platform or creative services. You and Blens agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.

23.6 Arbitration Rules and Governing Law

This Arbitration Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the "AAA Rules") then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

23.7 Modification to AAA Rules - Arbitration Hearing/Location

In order to make the arbitration most convenient to you, Blens agrees that any required arbitration hearing may be conducted, at your option: (a) in the Canadian province where you reside; (b) in [Location]; (c) via phone or video conference. If the amount in controversy is $5,000 USD or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

23.8 Modification of AAA Rules - Attorney's Fees and Costs

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys' fees and costs upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

23.9 Arbitrator's Decision

The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant's individual claim.

23.10 Jury Trial Waiver

You and Blens acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

23.11 No Class Actions or Representative Proceedings

You and Blens acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class-action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action, or requested remedy, then that claim, cause of action, or requested remedy, and only that claim, cause of action, or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action, or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action, or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.

23.12 Severability

Except as provided in Section 24.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed, and the remainder of the Arbitration Agreement will be given full force and effect.

23.13 Changes to Agreement to Arbitrate

If Blens changes this Section 24 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Blens (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Blens.

23.14 Survival

Except as provided in Section 24.12 and subject to Section 13.6, this Section 24 will survive any termination of these Terms and will continue to apply even if you stop using the Blens Platform or terminate your Blens account.

24. Rest of World Dispute Resolution, Venue and Forum, and Governing Law

If you reside or have your place of establishment outside of Canada, this Section applies to you, and these Terms will be interpreted in accordance with the laws applicable in your country of residence or establishment. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. If you are acting as an individual consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of law. As an individual consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or establishment. If Blens wishes to enforce any of its rights against you as a consumer, it may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the courts in the country where Blens is based.

25. Miscellaneous

25.1 Interpreting these Terms

Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Blens and you pertaining to your access to or use of the Blens Platform and supersede any and all prior oral or written understandings or agreements between Blens and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Blens. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word "will" is used in these Terms, it connotes an obligation with the same meaning as "shall."

25.2 No Waiver

Blens' failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Blens in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

25.3 Assignment

You may not assign, transfer, or delegate this agreement or your rights and obligations hereunder without Blens' prior written consent. Blens may, without restriction, assign, transfer, or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days' prior notice.

25.4 Notice

Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement will be provided electronically and given by Blens via email, Blens Platform notification, messaging service (including SMS), or any other contact method enabled by Blens and provided by you.

25.5 Third-Party Services

The Blens Platform may contain links to third-party websites, applications, services, or resources ("Third-Party Services") that are subject to different terms and privacy practices. Blens is not responsible or liable for any aspect of such Third-Party Services, and links to such Third-Party Services are not an endorsement.

25.6 Google Terms

Some translations on the Blens Platform may be powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement. Some areas of the Blens Platform may implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

25.7 Apple Terms

If you access or download our application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement.

25.8 Blens Platform Content

Content made available through the Blens Platform may be protected by copyright, trademark, and/or other laws of the respective countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Blens and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content accessed through the Blens Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Blens grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Blens Platform and accessible to you, solely for your personal and non-commercial use.

25.9 Force Majeure

Blens shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

25.10 Emails and SMS

You will receive administrative communications from Blens using the email address or other contact information you provide for your Blens account. Enrolment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from Blens. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Blens account.

25.11 Contact Us

If you have any questions about this Policy, please contact us by email at [email protected].


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