Terms of Use – Canada & Beyond

These Terms of Use (including the binding arbitration provision below), together with our Privacy Notice, any FAQs, and any additional guidelines, terms, procedures, or rules that may apply to a specific feature of Q8Nitro’s digital services (collectively, the “Agreement”), constitute a legally binding electronic contract between you (“you,” “your”) and Q8Nitro and its affiliates (“we,” “our”).

This Agreement applies when you use the digital services to:
1. Act as a “Buyer” by submitting bids expressing an intent to purchase vehicles or other products and services listed by Sellers on the platform.
2. Act as a “Seller” by submitting information to list a vehicle or other product or service on the platform on your behalf.
3. Access, register for, or use the digital services in any other capacity permitted by these terms (together with “Buyers” and “Sellers,” collectively, “Users”).

This Agreement sets forth the legally binding terms governing your access to and use of Q8Nitro’s digital services. It applies only to Q8Nitro and its affiliates and does not cover any other companies, including third parties that may advertise or sponsor content, products, or services on the platform or through external channels (such as social media platforms or app stores).

This Agreement is solely a contract between you and Q8Nitro for the provision of the digital services. It does not govern any sale, transaction, or other relationship between you and any other user or third party. Nor does it govern the purchase and sale of motor vehicles between buyers and sellers.

You may request and we may provide additional services related to the digital services that are not described in these Terms of Use; unless a separate agreement expressly supersedes these Terms of Use, these Terms of Use will apply to such additional services as if they were included in the definition of “digital services.”

The digital services and content are provided for general informational, discussion, and entertainment purposes only. “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made available through or in connection with the digital services. We make no representations or warranties regarding any aspect of the digital services or content, and we do not endorse any opinions expressed by Users. THE DIGITAL SERVICES AND ALL CONTENT ARE PROVIDED “AS IS,” AND YOUR USE OF OR RELIANCE ON THE DIGITAL SERVICES OR ANY CONTENT IS AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY TO YOU FOR ANY CONSEQUENCES OF USING OR RELYING ON THE DIGITAL SERVICES OR ANY CONTENT.

The digital services include a platform for vehicle listings and information services. We are not the creator or owner of the items posted on the digital services by Sellers for Buyers to bid on. Rather, we provide the digital services, which enable Users to access certain features and functionalities, including posting vehicles and other products and services, and bidding on such products and services.

Sellers are responsible for ensuring that any of their User Content meets all applicable local, provincial, national and other laws, rules and regulations, and that any goods (including vehicles) and services promoted, offered or otherwise described on the digital services are described in listings, and/or delivered as described, in an accurate and satisfactory manner. For any payment processing related to purchases made on the digital services, if the Seller or the third party responsible for the applicable vehicle or other good or service selects a payment processing method that uses a third party to process the payment, then we do not process that payment transaction.

As part of the digital services, Q8Nitro may assist Sellers in the creation of their listings (including the content of such listing) but it remains each Seller’s responsibility to make sure that its listings contain a fair and accurate description of the vehicle being sold, including any relevant features, options, condition and specifications.

Q8Nitro IS NOT AN AUTOMOBILE BROKER, DEALER OR TRADITIONAL AUCTIONEER AND WE DO NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY VEHICLE LISTED ON THE DIGITAL SERVICES. Q8Nitro HAS NEVER: (1) HELD TITLE FOR ANY VEHICLE LISTED ON THE DIGITAL SERVICES, (2) INSPECTED ANY VEHICLE LISTED ON THE DIGITAL SERVICES OR (3) HAD ANY VEHICLES LISTED ON THE DIGITAL SERVICES IN ITS LEGAL POSSESSION.

In connection with your access to or use of Q8Nitro’s digital services, we may obtain information from you directly or about you through these services. You acknowledge and consent that we will collect, use, and disclose your information in accordance with our Privacy Notice, which describes our privacy practices as well as the choices you may have with respect to the collection and processing of some of your information. Please take a moment to review our Privacy Notice.

The information you submit to us through Q8Nitro’s digital services, including as part of your account creation, registration or membership, or for any listings, must be truthful, accurate and current. You are responsible for maintaining the accuracy of such information. If we believe that your information is not truthful, accurate or current, we have the right to terminate, suspend or refuse you access to the digital services.

We may send you information relating to your use of the digital services (e.g., payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to the email address you provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Q8Nitro’s digital services are not intended for access or use by children, especially those under the age of majority in their province of residence. If you are under the age of majority in your province of residence, you may not access or use the digital services or provide information to us.

By accessing or using Q8Nitro’s digital services, you represent that you have the legal capacity to enter into this Agreement and to fulfill your obligations set out in this Agreement. If you are not of an age old enough to enter into contracts in your province (i.e., a minor), you need to review this Agreement with your parent or guardian before using the digital services; if your parent or guardian does not agree with the Agreement as applied to you, then you are not authorized to access or use the digital services.

(a) You may set up an account to access or use Q8Nitro’s digital services. You are responsible for maintaining the confidentiality of your username, password and other credentials (“Credentials”) that you may be asked to create to access the digital services or certain features thereof. Q8Nitro is not responsible for any misuse of your Credentials by any third party, whether authorized by you or not. You agree to immediately notify Q8Nitro of any actual or suspected unauthorized use of your Credentials or any other breach of security. We are not responsible or liable for any loss or damage resulting from unauthorized use of your Credentials or for your failure to follow the requirements set out in this Agreement.

(b) Q8Nitro may in its sole discretion maintain different types of accounts for different types of Users. If you open an account to use or access the digital services on behalf of a company, organization or other entity, then (i) “you” includes both you and that entity jointly and severally, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind it to this Agreement and that you agree to the Agreement on the entity’s behalf.

(c) You are solely responsible for maintaining the accuracy of any information you submit to us in relation to your access to and use of the digital services. You are solely responsible for any information (including any information used in any listing) you provide to us.

The rights granted to you in this Agreement are subject to the following restrictions:

The digital services include Content that is derived in whole or in part from content or materials supplied and owned by Q8Nitro, Q8Nitro’s licensors or third parties. As between Q8Nitro and you, Q8Nitro owns all right, title and interest in and to the copyrights, patents, trademarks, trade names, logo types, graphics, designs, or other commercial symbols, and all other intellectual and proprietary rights throughout the world associated with the digital services and Content, except with respect to your User Content (as defined below).

You acknowledge Q8Nitro’s valid intellectual and proprietary property rights in the digital services and Content and that your use of the digital services is limited to accessing, viewing and downloading the digital services and Content as authorized by Q8Nitro. Nothing in this Agreement shall be deemed to convey to you any right, title or interest in such intellectual and proprietary property rights or in the digital services or Content, or any portion thereof, except for the limited rights expressly granted herein.

You may not, directly or through any device (computer, tablet, phone, etc.) or other means (including using a browser, software, program or code), remove, alter, interfere with or circumvent (i) any copyright, trademark, or other proprietary notices marked on the digital services or Content, or (ii) any digital rights management mechanism, device, or other content protection or access control measure associated with the digital services or Content. You may not modify, create derivative works of, disassemble, reverse compile or reverse engineer any part of the digital services (including any code) or Content.

You may not copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the digital services or Content unless expressly permitted in writing by Q8Nitro. You may not incorporate the digital services or Content into or stream or retransmit them via any hardware or software application, make them available via frames or inline links, or surround or obfuscate them with any third-party content, materials or branding. You may not use any software robots, spiders, crawlers, or other data gathering or extraction tools, automated or manual, to access, acquire, copy, monitor, scrape or aggregate the digital services, Content or any part thereof.

You may not build a business, in whole or in part, resell, redistribute, recirculate or make any other commercial use of, or create derivative works or materials utilizing any portion of the digital services (including any code) or Content, whether for profit or not. To the extent we make the digital services or Content available via a widget, embedded player or other technology that allows you to embed or stream Content to another online service, you may not modify, enhance, remove, interfere with or otherwise alter any portion of such technology, any digital rights management mechanism, or content protection or access control measure associated with the Content.

You are prohibited from disabling, modifying, interfering with, or circumventing any technology to view the digital services or Content without (i) visibly displaying both the Content and all surrounding elements, and (ii) having full access to all functionality permitting viewing of the Content, including video quality, display functionality, and interactive or click-through functionality.

Any future release, update, or addition to the functionality of the digital services or Content shall be subject to this Agreement. All copyright and other proprietary notices on any digital services content or materials must be retained on all copies thereof.

Modification or use of the digital services (including any content or materials published thereon) for any purpose not permitted by this Agreement is prohibited and may violate the copyrights and/or trademarks protected by law and this Agreement.

If you provide Q8Nitro any feedback or suggestions for improving or regarding your use of the digital services (“Feedback”), you hereby assign to Q8Nitro all rights in the Feedback and agree that Q8Nitro may use such Feedback and related information in any manner it deems appropriate. You hereby irrevocably waive any moral and author’s rights (including attribution and integrity) you may have in such Feedback, even if altered in a manner not agreeable to you. Q8Nitro will treat any Feedback you provide as non-confidential and non-proprietary, and you agree not to submit any information or ideas you consider confidential or proprietary.

“User Content” means any and all information and content that a User submits to or uses with Q8Nitro’s digital services (e.g., photos, audio, video, messages, text, files, or other content you provide, including any listings that appear on the digital services, regardless of Q8Nitro’s role), except any Feedback. You are solely responsible for your User Content. User Content may include unsolicited or invited submissions. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You may not state or imply that your User Content is provided, sponsored or endorsed by Q8Nitro. Because you alone are responsible for your User Content (including backing up your data), you may expose yourself to liability. Under no circumstance will Q8Nitro be liable for any inaccuracy, omission or defect in any User Content.

You hereby grant, and you represent and warrant that you have the right to grant, to Q8Nitro an irrevocable, nonexclusive, royalty-free and fully paid, sublicensable, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing for any lawful purpose. You agree to irrevocably waive any moral and author’s rights (including attribution and integrity) you may have in your User Content.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding its accuracy, currency, suitability, or quality, and we assume no responsibility for it. Your interactions with other Users are solely between you and them. Q8Nitro will not be responsible for any loss or damage incurred as a result of such interactions. If there is a dispute between you and any User, we have no obligation to become involved. We are not a party to any vehicle sale contract between any Buyer and Seller originating on or through the digital services, and you are solely responsible for your interactions with other Users. Additionally, you acknowledge that other Users may post derogatory comments about your User Content, and Q8Nitro has no obligation to monitor or remove such content. Q8Nitro may remove or modify any User Content at any time without notice or liability in its sole discretion. We reserve the right, but have no obligation, to monitor disputes between you and other Users, and Q8Nitro shall have no liability for any User’s action or inaction.

Unsolicited Submissions

You agree that we may use information/User Content you provide us through emails, Q&A, blogs, forums, polls, or through any other User generated submission, and may use your name and any stories you provide us in articles or other features published on the digital services or in our publications, advertising or sponsored content. If you provide us with personal anecdotes, they may be attributed to you. Q8Nitro can edit, rewrite, use, and reuse the User Content, including your name, likeness, photograph, and biographical information you provide, with or without attribution, including publication in the digital services or our publications, advertising or sponsored content.

Invited Submissions

From time to time, the digital services may expressly request submissions of concepts, stories, or other potential content from you (“Invited Submissions”). Please carefully read any specific rules or other terms and conditions that appear in connection with such Invited Submissions as such terms and conditions will govern the submissions and may affect your legal rights. If no such additional terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit through the digital services.

If we become aware of a User’s violation of this Agreement, including violating the rights of any other User or third party, we may take certain remedial steps, including refusing access to the digital services to any person or entity and changing eligibility requirements at any time.

If we become aware that any of our Users has infringed the proprietary rights of any third party, we may terminate that User’s access to the digital services. We reserve the right (but have no obligation) to review information we obtain from or about you and your use of the digital services, to investigate, and/or to take appropriate action against you in our sole discretion. Such acts may include removing or modifying your User Content, terminating your access to the digital services (including any account, registration or membership), legal action and/or reporting you to law enforcement authorities.

We may investigate suspected violations of this Agreement, including without limitation any violation arising from information obtained about you (including unsolicited or invited submissions), postings or emails you make on or through the digital services. We may seek to gather information from the User suspected of violating this Agreement and from any other User. We may suspend any Users under investigation and remove such material from our servers as we deem appropriate without notice. If we believe, in our sole discretion, that a violation has occurred, we may edit, modify or permanently remove any submission or posting, cancel postings, warn Users, suspend Users and passwords, terminate accounts, or take other corrective action as we see fit. We may cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone posting or sending content believed to violate this Agreement.

BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS Q8Nitro (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, LICENSORS, PAYMENT PROCESSING PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS AND AGENTS) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Q8Nitro (AND ITS AFFILIATES, SERVICE PROVIDERS, PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS AND AGENTS) DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR THE INVESTIGATIONS BY LAW ENFORCEMENT AUTHORITIES.

Please act responsibly when using Q8Nitro’s digital services. You are responsible for your conduct in relation to the digital services and Content. The following rules are a condition of your access to or use of the digital services:

1. No Criminal or Unlawful Conduct.** You may only use the digital services and Content for lawful purposes, in accordance with this Agreement, applicable laws and regulations, and any obligations or restrictions imposed by a third party. You may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
2. Your Materials Must be Lawful and Appropriate.** You may not store, upload, post, transmit or otherwise distribute any unlawful, harmful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent, invasive of privacy, or otherwise inappropriate content, including sexual material, content harmful to minors, or content that harasses or degrades individuals or groups based on religion, gender, sexual orientation, race, ethnicity, age, disability, or any other protected characteristic.
3. Content Posted by You Must be Yours.** You may not store, upload, post, transmit or otherwise distribute any content that is fraudulent or infringes the rights of any third party, including without limitation patents, trademarks, copyrights, moral rights, publicity rights, or other proprietary rights. If a third party claims your content is unlawful, you bear the burden of proving its lawfulness.
4. No Collection of Personal Information from Others.** You may not collect, harvest, gather, or store personal information about other users without their explicit consent.
5. No Bullying, Impersonation or Interference.** You may not use the digital services to threaten, abuse, harass, invade privacy, or impersonate any person or entity.
6. No System Abuse.** You may not upload or distribute any virus, malware, or code intended to harm or disrupt the services or gain unauthorized access.
7. No Violations of Security Systems.** You are prohibited from compromising security or tampering with the digital services, content, or user accounts.
8. No Transmission of Fraudulent Funds.** You shall not transmit funds you believe to be fraudulent when sending payments to us or Sellers.
9. No Violation of Payment Card Rules.** You shall not use your account or the digital services in a manner we or card networks (Visa, Mastercard, etc.) reasonably believe to be an abuse of the card system.
10. Cooperation.** You must cooperate in any investigation and not refuse to provide identity verification or required information.
11. No Circumvention.** You may not circumvent any suspensions, limitations or restrictions on your account, including creating new accounts when your account is restricted.

If we become aware of any violation of these rules, we reserve the right to:
- Terminate this Agreement or suspend your account immediately and without notice.
- Refuse to provide the digital services to you in the future.
- Restrict your access or block payment methods linked to your account.
- Update any inaccurate information you provided.
- Take legal action against you.

You are responsible for all claims, fees, fines, penalties, and other liabilities incurred by Q8Nitro resulting from your violation of these rules or your use of the digital services.

We do not guarantee that any or all of the digital services or any content will be made available through the digital services. We may change, modify, edit, suspend, discontinue or otherwise manipulate the digital services, content or any part, feature or service of the digital services at any time with or without notice to you. You agree that Q8Nitro will not be liable to you or to any third party for any modification, suspension, or discontinuance of the digital services, content or any part thereof.

(a) Payment of Fees
You agree to pay any applicable fees (including any initial deposit made as a Buyer in connection with a bid, certain Buyer’s fees and Seller listing fees set forth on the digital services in connection with bids or for any purchases you make of any products, features and/or services (“Purchases”) listed on the digital services, including, without limitation, any applicable sales, use or similar taxes or charges). Certain products, fee-based services or features that you purchase, access or download via the digital services may be subject to additional terms and conditions presented to you at the time of purchase, access or download. If we have not entered into a separate agreement that expressly supersedes these Terms of Use, these Terms of Use will apply to those services as well.

All payments made by you to Q8Nitro shall be facilitated through Stripe, Inc., Q8Nitro’s third-party payment processor. Stripe’s terms of service can be found at https://stripe.com/us/terms. All information you provide in connection with a Purchase (including any initial deposit, Buyer’s fees and Seller listing fees) must be accurate, complete, and current. You agree to pay all charges incurred by any users of your payment method used in connection with a Purchase at the prices in effect when such charges are incurred. You also agree to pay any applicable taxes relating to any Purchase.

For any Purchases you make directly from a Seller on or through the digital services that involve third-party payment processing, Q8Nitro does not process that transaction.

Prices listed by Sellers for vehicles or any other products or services are set by the Sellers. Q8Nitro is not responsible for setting or negotiating any prices or related fees. Listed prices may exclude government fees and taxes, registration and titling fees, regulatory and processing charges, inspection charges, emission testing charges, and any other fees required by law. Sellers may add any of these fees or taxes to the listed price when calculating the final sale price.

(b) No Refunds
All Purchases made from a Seller are between the Buyer and Seller; for refunds or complaints, you must contact the Seller directly.

(c) Bidding and Auction
(i) Reserve and Publication
To list a vehicle or product, a Seller must indicate whether there is a minimum bid (Reserve) or no minimum (No Reserve). A Seller may reduce or waive the Reserve during the auction by notifying Q8Nitro. Listings are approved only after the Seller selects Reserve or No Reserve.

(ii) Seller Acknowledgment
If you list a vehicle or product and we accept it, you become a “Seller” responsible for your listing and for completing the sale with the Buyer under this Agreement. If you list on behalf of another person, you warrant that you have authority to bind that person. Any breach by you or that person is considered a breach by both.

(iii) Buyer Acknowledgment
Each Buyer acknowledges that (i) Buyer’s fees are binding and payable to Q8Nitro, and (ii) Buyers are responsible for all applicable government fees and taxes. A bid expresses interest and does not create a binding contract. Buyers and Sellers negotiate and enter into a separate binding agreement, including shipping or delivery fees.

Buyer’s fees plus applicable taxes are due at auction close if the Buyer is successful. These fees are non-refundable, even if no sale occurs, unless Q8Nitro decides otherwise.

We do not inspect any listed vehicles or goods. You agree that Q8Nitro bears no risk for purchasing from Sellers.

If no bid meets the Reserve, Q8Nitro may, in its sole discretion, offer to the Seller to cover the difference. The Seller agrees to return this amount if the vehicle is not sold to the highest bidder within 30 days. Offering the Make Whole Amount does not make Q8Nitro a party to the sale transaction.

(d) Currency
Vehicles may be sold in a currency other than your local currency. You must bid and pay in the listed currency. You are solely responsible for currency conversion and understanding the equivalent in your local currency. You pay the converted amount at auction close, subject to exchange rate fluctuations. Buyer’s fees and Seller listing fees are shown in Canadian dollars unless otherwise specified.

If you have a dispute with one or more Users of the digital services (including merchants) or any other third parties, you hereby release Q8Nitro (and its affiliates, service providers, partners, licensors, payment processing partners, and their respective officers, directors, employees, contractors, and agents) from any and all claims, demands, liabilities, costs, expenses or damages (actual or consequential, known or unknown) arising out of or in any way connected with such disputes.
By entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to only those claims you may know or suspect to exist in your favor at the time of agreeing to it.

You agree to indemnify and hold Q8Nitro (and its affiliates, service providers, partners, licensors, payment processing partners, and their respective officers, directors, employees, contractors, and agents) harmless from any and all damage (whether direct, indirect, special, incidental, consequential or otherwise), loss, liability, cost and expenses (including, without limitation, reasonable legal and accounting fees) resulting from any claim, demand, suit, action, proceeding or investigation made by any User or third party (each, a “Claim”) due to or arising out of:
(a) your use of the digital services or Content,
(b) information you provide or we obtain about you and your use of the digital services,
(c) your violation of this Agreement,
(d) your violation of applicable laws or regulations,
(e) the actions or inactions of any third party to whom you grant permission to use your account (including sharing your credentials).

Q8Nitro reserves the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us, and you agree to cooperate with our defense. You agree not to settle any matter without Q8Nitro’s prior written consent. Q8Nitro will use reasonable efforts to notify you of any such Claim, action or proceeding upon becoming aware of it.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

THE DIGITAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WE (AND OUR SERVICE PROVIDERS) EXPRESSLY DISCLAIM ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, SECURITY, OR NON-INFRINGEMENT. WE (AND OUR SERVICE PROVIDERS) MAKE NO WARRANTY OR CONDITION THAT THE DIGITAL SERVICES:
(A) WILL MEET YOUR REQUIREMENTS;
(B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

Q8NITRO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE DIGITAL SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND Q8NITRO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Q8NITRO CANNOT ENSURE THAT A BUYER OR SELLER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR HAS AUTHORIZATION TO DO SO.

AS PART OF THE DIGITAL SERVICES, Q8NITRO MAY ASSIST SELLERS IN THE CREATION OF THEIR LISTINGS (INCLUDING THE CONTENT OF SUCH LISTING) BUT IT REMAINS EACH SELLER’S RESPONSIBILITY TO MAKE SURE THAT ITS LISTINGS ARE ACCURATE. WHILE WE TRY TO MAKE SURE THAT ALL INFORMATION (INCLUDING PRICES) ABOUT A VEHICLE OR ANY OTHER PRODUCT OR SERVICE MADE AVAILABLE ON OR THROUGH THE DIGITAL SERVICES BY A SELLER IS COMMUNICATED ACCURATELY, WE ARE NOT RESPONSIBLE FOR ERRORS (INCLUDING TYPOGRAPHICAL) THAT MAY APPEAR ON THE DIGITAL SERVICES (INCLUDING IN ANY LISTINGS). IF THERE IS INCORRECT OR MISLEADING INFORMATION GIVEN ABOUT THE PRICE, AVAILABILITY, DESCRIPTION OR CONDITION OF A PRODUCT OR SERVICE (INCLUDING, WITH RESPECT TO VEHICLES POSTED, THE MILEAGE) DUE TO AN ERROR (INCLUDING TYPOGRAPHICAL), Q8NITRO IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION BUT WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR VEHICLES OR OTHER PRODUCTS AND SERVICES LISTED WITH INCORRECT OR MISLEADING INFORMATION.

DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEMS OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS. Q8NITRO ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, HARDWARE OR NETWORK FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER CONTENT. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. Q8NITRO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE DIGITAL SERVICES OR ANY ONLINE SERVICES LINKED TO THE DIGITAL SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNDER NO CIRCUMSTANCES SHALL Q8NITRO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE DIGITAL SERVICES, ANY CONTENT POSTED ON OR THROUGH THE DIGITAL SERVICES, OR CONDUCT OF ANY USERS, WHETHER ONLINE OR OFFLINE. YOU USE THE DIGITAL SERVICES AT YOUR OWN RISK. SOME AREAS OF OUR DIGITAL SERVICES OFFER ADVICE FROM A VARIETY OF PROVIDERS, WHO MAY BE AFFILIATED WITH Q8NITRO OR MEMBERS OF THE USER COMMUNITY; SUCH ADVICE IS FOR ENTERTAINMENT ONLY AND NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. Q8NITRO CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE DIGITAL SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE (AND OUR AFFILIATES, SERVICE PROVIDERS, PARTNERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS) OR OUR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER CONTRACT, IN TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE), LOST PROFIT, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES INCLUDING FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Q8Nitro IS NOT LIABLE, AND YOU AGREE NOT TO HOLD Q8Nitro RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM:
1. YOUR USE OF, OR YOUR INABILITY TO USE OR ACCESS THE DIGITAL SERVICES;
2. DELAYS OR DISRUPTIONS IN THE USE OR ACCESS TO THE DIGITAL SERVICES;
3. VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OR USING THE DIGITAL SERVICES;
4. GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE DIGITAL SERVICES;
5. ACTIONS, OR INACTIONS OF OTHER USERS;
6. A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR USER ACCOUNT;
7. YOUR NEED TO MODIFY THE INFORMATION YOU PROVIDE OR YOUR BEHAVIOR AS A RESULT OF CHANGES TO THIS AGREEMENT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE DIGITAL SERVICES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF:
(a) fifty Canadian dollars (CAD $50), or
(b) AMOUNTS YOU’VE PAID Q8Nitro IN THE PRIOR 12 MONTHS, IF ANY.

THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IN THOSE JURISDICTIONS OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

The digital services may contain links to third-party websites, apps or other services (including social media platforms), as well as advertisements for third parties (collectively, “Third-Party Services and Ads”). Such Third-Party Services and Ads are not under the control of Q8Nitro, and Q8Nitro assumes no responsibility for them. Q8Nitro provides these Third-Party Services and Ads merely as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them. When you use or link to Third-Party Services and Ads, you do so at your own risk and are subject to the applicable third party’s terms, policies and privacy practices.

We participate in affiliate marketing and may allow third-party affiliate links to be encoded on some of Q8Nitro’s digital services. This means we may earn a commission when you click on or make purchases via those affiliate links.

Q8Nitro makes no representation that the digital services or Content are appropriate or available for use in every province of Canada or outside Canada. If you choose to access the digital services or Content, you do so on your own initiative and at your own risk.

You must comply with all applicable laws regarding your access to and use of the digital services and any transactions you engage in with other users. You specifically agree to comply with all laws concerning the transmission of technical data exported from Canada or your country of residence.

These Terms of Use apply to you as soon as you access the digital services by any means and remain in effect until validly terminated as follows. Certain provisions survive termination.

Q8Nitro may, in its sole discretion, terminate your credentials (including your password, account or any part thereof) or your use of the digital services, or remove any content or information stored, sent, or received via the digital services, without prior notice and for any reason, including but not limited to:
1. Another person using your credentials;
2. Any unauthorized access or use;
3. Your violation of this Agreement;
4. Tampering with software or content.

You may terminate your account at any time for any reason or no reason. Termination, suspension or cancellation does not affect any rights Q8Nitro may have under law or equity.

Notwithstanding termination or suspension, the provisions in Sections 2 through 30 survive.

This Agreement (including our Privacy Notice, and any additional guidelines, terms, procedures or rules that may apply to a specific feature of the digital services) constitutes the entire agreement between you and us regarding the use of the digital services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “without limitation.”

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will be separately valid and enforceable.

We may revise, prospectively, this Agreement by posting an updated version on the digital services or by providing you with notice (by email or other notification through the digital services). You consent and agree to receive notices of updates to this Agreement through our posting of an updated Agreement on the digital services. You should visit this page or section regularly to review the current version of the Agreement. Your continued use of the digital services will be deemed as irrevocable acceptance of any revisions.

Please read this section carefully; it affects your rights.

Sections 24.1–24.3 apply solely to Buyers and Sellers who are “consumers” under the Ontario Consumer Protection Act. Sections 24.4–24.6 apply solely to those who are not “consumers.”

24.1 Except for claims of infringement or misappropriation of patents, copyrights, trademarks, or trade secrets, any and all disputes between you and Q8Nitro arising under or related to this Agreement must be resolved by mandatory binding arbitration under the ADR Institute of Canada Rules and Ontario’s Arbitration Act.

24.2 By entering into this Agreement, you and Q8Nitro each waive the right to trial by jury or to participate in a class action. All claims must be brought individually; class arbitrations and class actions are not permitted.

24.3 Arbitration will be governed by the ADR Institute of Canada (ADRIC) Rules under Ontario’s Arbitration Act. For claims of CAD 10,000 or less, arbitration will be based solely on written submissions without a hearing unless otherwise agreed. For claims exceeding CAD 10,000, hearings (if any) will be held in Toronto, Montreal, or Vancouver at your choice. The arbitrator’s award is final, binding, and enforceable in the Ontario courts. If this arbitration provision is held unenforceable, disputes shall be litigated exclusively in the Ontario Superior Court of Justice or the Federal Court of Canada sitting in Ontario.

24.4 Except for intellectual property infringement claims, all disputes between you and Q8Nitro shall be resolved by mandatory arbitration as described above.

24.5 By entering into this Agreement, you and Q8Nitro again waive the right to trial by jury or to participate in a class action. Arbitration will proceed on an individual basis only.

24.6 Any dispute, controversy or claim arising out of or relating to this Agreement (a “Dispute”) will be finally resolved by arbitration administered by the International Chamber of Commerce (ICC) under its Rules of Arbitration. The ICC Expedited Procedure Rules apply regardless of the amount in dispute. The Tribunal consists of a sole arbitrator jointly appointed by the parties within 30 days, or if they fail to agree, appointed by the ICC. The seat of arbitration is Toronto, with hearings in person unless the Dispute is under CAD 10,000, in which case hearings are held remotely. The language of arbitration is English. The arbitrator may award reasonable costs and legal fees, which the losing party shall bear.

No failure or delay by Q8Nitro in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise of that or any other right, power or privilege under this Agreement.

This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of the Province of Ontario and the federal laws of Canada, without giving effect to any conflict-of-laws principles.

Our digital services have a designated agent to receive notices of copyright infringement claims: [email protected].

If you believe your copyright has been infringed, you may provide us a written notice containing:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right allegedly infringed.
2. Identification of the copyrighted work claimed to be infringed, or, for multiple works at one site, a representative list of such works.
3. Identification of the material claimed to be infringing or to be removed or disabled, with information reasonably sufficient to locate it.
4. Information reasonably sufficient to contact you: your address, telephone number, and email address.
5. A statement of your good-faith belief that the use is unauthorized by the right holder, its agent, or the law.
6. A statement that the notice’s information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the right holder.

We may notify users of received infringement claims via site notice, email, or written mail to their registered address. If you receive such a notice, you may submit a counter-notice in writing containing:
1. Your physical or electronic signature.
2. Identification of the removed or disabled material and its location before removal or disabling.
3. A statement under penalty of perjury that you have a good-faith belief the removal was a mistake or misidentification.
4. Your name, address, telephone number, and a statement consenting to the jurisdiction of the Ontario courts (or if outside Canada, the appropriate Canadian federal or provincial court), and acceptance of service from the notifying party.

We terminate access for any user who repeatedly infringes third-party proprietary rights.

The following terms apply if you use an Apple App from the App Store. If any of these terms conflict with this Agreement, the more restrictive Apple-specific terms prevail for Apple Apps only.

Acknowledgement
You and Q8Nitro acknowledge this Agreement is between you and Q8Nitro only, not Apple. Q8Nitro is solely responsible for the Apple App and its content. If any usage rule conflicts with the App Store Terms of Service, the App Store rule controls.

Scope of License
The license granted is non-transferable and limited to use of the Apple App on an iOS device you own or control, per the App Store Terms of Service.

Maintenance and Support
Q8Nitro is solely responsible for providing maintenance and support for the Apple App as required by this Agreement or applicable law. Apple has no obligation to provide support.

Warranty
Q8Nitro is responsible for any express or implied warranties to the extent not disclaimed by law. If the Apple App fails to conform to a warranty, you may obtain a refund from Apple per the App Store refund policy. Apple has no further warranty obligations.

Product Claims
Q8Nitro, not Apple, is responsible for addressing any product liability claims, regulatory issues, or consumer protection claims related to the Apple App.

Intellectual Property Rights
If a third party claims the Apple App or your use infringes its IP rights, Q8Nitro (not Apple) will handle the defense, settlement, and related actions.

Legal Compliance
You represent and warrant you are not located in a U.S. embargoed country or on any U.S. restricted parties list.

Developer Contact
For end-user questions, complaints or claims: [email protected].

Third-Party Terms
You must comply with any third-party terms when using the Apple App.
You and Q8Nitro acknowledge Apple is a third-party beneficiary of this Agreement with the right to enforce it against you.

Copyright © 2025, Q8Nitro. All rights reserved. All trademarks, trade names, logos, graphics, designs, or other commercial symbols (“Marks”) displayed on the digital services are our property or the property of third parties. You may not use these Marks without our prior written consent or that of the rightful owner.

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