Sylhaven Terms of Service

1. Acceptance of Terms

By accessing or using the Sylhaven platform, website, or services ("Sylhaven" or the "Platform"), you ("User" or "you") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a binding legal agreement between you and Sylhaven. If you do not agree with any part of the Terms, you must not use the Platform.

You represent that you are at least 18 years old (or the age of majority in your jurisdiction) and are legally capable of entering into contracts. If you are using Sylhaven on behalf of an entity, you represent that you have authority to bind that entity to these Terms, in which case "you" refers to the entity.

Sylhaven reserves the right to update or modify these Terms from time to time. We will provide notice of material changes (e.g., via the Platform or email) and indicate the effective date of updates. Continued use of Sylhaven after changes become effective constitutes acceptance of the revised Terms.

2. Description of Services

Sylhaven is an online marketplace that connects hosts who offer on-site or mobile sauna, cold plunge, and wellness experiences ("Host Services") with guests seeking to book such services ("Guests"). Our Platform allows Hosts to list wellness facilities—including fixed-location saunas (available for hourly or daily sessions) and mobile saunas or similar units (available for multi-day rentals)—and associated amenities such as showers, toilets, barbeque areas, cold plunge tubs or pools, and unique settings (e.g., lakefront properties, urban oasis setups).

Guests can search for and book these wellness experiences through the Platform. Sylhaven's role is solely as an intermediary: we facilitate the connection, communication, and payment between Hosts and Guests. Sylhaven is not an owner or operator of the saunas, plunge pools, or properties listed, nor do we manage Hosts or the physical facilities.

When a booking is made, a separate agreement is formed directly between the Host and Guest for the provision of the Host Services. Sylhaven is not a party to that rental or service agreement and does not guarantee the quality, safety, legality, or suitability of any Host Services. Both Hosts and Guests acknowledge that Sylhaven has no control over the conduct of users of the Platform or the condition of any listed facilities, and Sylhaven disclaims all liability in that regard. Sylhaven is not acting as an agent for any user, except to the limited extent of facilitating payment from Guests to Hosts through our payment provider (as described in Section "Booking & Payments").

3. User Obligations

All users of the Platform must comply with the following obligations:

Provide Accurate Information

You agree to provide true, current, and complete information during account registration and in your profile or listings, and to update such information as necessary. This includes contact details, identity verification information, and any other details Sylhaven may reasonably require. Providing false or misleading information is grounds for suspension or termination of your account.

Platform Usage and Conduct

You agree to use Sylhaven only for its intended purpose of booking or offering wellness experience services. You will not misuse the Platform or engage in any behavior that is fraudulent, harmful, or harassing to others. You agree not to:

• violate any applicable law or regulation in connection with your use of Sylhaven
• use the Platform for any unauthorized or unlawful purpose (for example, you will not use the services to facilitate any illegal activity, or to engage in violence, hate speech, or discrimination)
• infringe the rights of any person or entity (including intellectual property rights and privacy rights) while using our services
• interfere with or damage our Platform (through hacking, introduction of viruses, scraping, or other malicious code)

Respectful Behavior

Guests and Hosts are expected to communicate and interact with professionalism and respect. You will adhere to any community standards or policies that Sylhaven publishes (such as respect for neighbors, noise ordinances, or no-harassment policies). Hosts may set reasonable house rules or guidelines for their particular listing (for example, rules about noise, alcohol use, required attire, or maximum occupancy for a sauna session), and Guests agree to honor all such rules as communicated in the listing or by the Host.

Age and Capacity

Only adults (18+ or the age of majority in your region) may register for a Sylhaven account and participate in bookings as a primary Guest or Host. Any person under 18 may only participate in a booked experience as an accompanying minor with the permission of a parent or legal guardian, and under adult supervision. The registering adult assumes full responsibility for any minors in their party.

Compliance and Safety

Users must follow all safety instructions and requirements related to the Host Services. Guests should use the sauna, cold plunge, or other facilities in a responsible manner and exercise due care for their own safety and the safety of others. Hosts must ensure their listings meet the safety standards detailed in the Host Agreement. If you notice any dangerous condition or incident during a booking, you agree to alert the other party and Sylhaven as appropriate.

No Circumvention

All bookings of Host Services initiated via Sylhaven must be completed through the Sylhaven Platform. You agree not to circumvent the Platform by arranging with another user to provide or obtain services outside of Sylhaven. Engaging in off-Platform transactions for services introduced through Sylhaven violates these Terms and may result in removal from the Platform. Sylhaven earns its service fees through facilitating transactions, and circumvention deprives us of those fees and undermines the trust and safety mechanisms we provide.

Taxes and Legal Compliance

Each user is responsible for determining and fulfilling any tax obligations applicable to their use of Sylhaven. Hosts are responsible for reporting and paying any income tax, goods and services tax (GST/HST), sales tax, occupancy tax, or other taxes (if any) associated with the earnings from their Host Services. Sylhaven may, in certain jurisdictions, be required to collect and remit taxes (such as occupancy taxes) on behalf of Hosts or to provide tax information to authorities; by using the Platform, you agree that Sylhaven may take such actions when required by law. Users must also comply with all other laws relevant to their activities — for example, Hosts must comply with any local regulations for short-term rentals or operation of mobile saunas, and Guests must not violate local laws during their stay or use of a facility.

4. Account Security

To access many features of Sylhaven, you must register an account. You agree to keep your account secure as follows:

Registration

When creating an account, you must provide a valid email address, create a secure password, and provide any other requested information. You must not impersonate anyone or create an account for someone else without permission. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You may not transfer or share your account with any other person. If you are registering on behalf of a legal entity (e.g., a company), you must be authorized to bind that entity and are responsible for ensuring your team members comply with these Terms.

Password Security

Choose a strong, unique password and do not disclose it to others. Sylhaven will never ask you for your password via email or phone. If you suspect that your account has been compromised (for example, you notice unauthorized activity), you must immediately notify Sylhaven and change your password. You are liable for activities conducted through your account until you notify us of a breach and we have had a reasonable opportunity to secure your account.

Identity Verification

You agree that Sylhaven may request and verify certain information about you as part of our trust and safety efforts. For Hosts, this may include providing a government-issued ID, business license, proof of insurance, or other documents. For Guests, we may require identity documents or other verification (especially for high-value bookings or when required by law). You consent to Sylhaven (or our third-party identity verification service providers) conducting background or verification checks as permitted by applicable law. We will handle any personal data collected for verification in accordance with our Privacy Policy.

Multiple Accounts and Suspension

Users are generally limited to one account per person or entity, except as approved by Sylhaven (e.g., a property management company managing multiple Host listings may have an account structure approved by us). Sylhaven reserves the right to suspend or terminate accounts that it deems to be duplicate or fake accounts, or that have been involved in misconduct. If your account is suspended or terminated for any reason, you must not create a new account without our prior written permission.

5. Booking & Payments

All bookings and financial transactions on the Platform are handled as follows:

Booking Process

When a Guest receives confirmation of booking, Hosts agree to provide the specified Host Services and Guests agree to pay the total fees for the reservation. A binding agreement between the Guest and Host is formed at the moment of booking confirmation, subject to the cancellation policies and terms herein.

Pricing and Fees

The total price shown to the Guest at checkout includes: (i) the Host's base rate for the booking (which may be set as an hourly, nightly, or daily rate, or a package rate for multi-day mobile rentals), plus any additional fees set by the Host (such as cleaning fees, setup fees, or charges for add-on amenities); (ii) a Guest service fee charged by Sylhaven (7% of the booking subtotal, which is the rate plus Host fees, excluding taxes); and (iii) any applicable taxes. Sylhaven's Guest service fee (7%) is used to cover platform operation costs (including payment processing, customer support, etc.) and is displayed in the price breakdown before booking. Hosts are charged a Host service fee by Sylhaven, typically around 3% of the booking subtotal, which is deducted from the payout to the Host. These service fees are subject to change, and any changes will be reflected in an updated version of these Terms or the fee schedule on our website.

Payment Processing (Stripe)

Sylhaven uses Stripe as its third-party payment processor to handle credit card payments, payouts, and other payment transactions. By using Sylhaven, you agree to comply with Stripe's terms and conditions, including the Stripe Connected Account Agreement and Stripe Services Agreement (which may be presented to you during payout setup or at checkout). When a Guest submits a booking request, they must provide a valid payment method. Upon Host acceptance of the booking, the Guest's payment method will be charged for the full amount of the reservation (or authorized, in the case of certain advance bookings). Stripe processes this payment on behalf of the Host. The funds (minus the Sylhaven fees and Stripe processing fees) will typically be released to the Host's designated payout account 24 hours after the start of the reservation (to ensure the Guest has the opportunity to report any check-in issues). For multi-day mobile sauna rentals, payouts may be released 24 hours after the scheduled delivery or start date of the rental. Hosts are responsible for providing accurate payout details (such as bank account information) to Stripe via the Platform; any payout delays or failures due to incorrect information are the Host's responsibility.

Currency

The Platform may support multiple currencies. By default, listings in Canada are shown in CAD and those in the United States in USD, unless otherwise specified. Guests will be charged in the currency displayed at checkout. If a cross-currency transaction occurs (e.g. you pay in a currency different from the Host's listing currency), Stripe or Sylhaven may apply a standardized exchange rate and additional fees for currency conversion, which will be disclosed at checkout. Sylhaven is not responsible for any foreign transaction fees that your bank or card issuer may charge.

Cancellations & Refunds

All cancellation and refund matters are governed by our Cancellation Policy (see below for details). In summary, if a Guest is entitled to a refund under the selected cancellation policy, Sylhaven (via Stripe) will process the applicable refund back to the Guest's payment method. The Host's payout will be adjusted accordingly (and in some cases, the Host may receive no payout for a canceled reservation, or only a partial payout, depending on the timing of the cancellation). Sylhaven's service fees are generally non-refundable, except at our discretion or if required by law. However, if a Guest qualifies for a full refund (e.g. cancellation well before check-in under a flexible policy), Sylhaven may refund the Guest service fee as well. If a Host cancels a booking (see Host Cancellation below), the Guest will receive a full refund of all amounts paid, including service fees.

Additional Charges and Authorizations

Some Hosts may require additional fees or deposits for their listings (for example, a security/damage deposit or fees for excessive cleaning, fuel for mobile units, etc.). If such amounts are indicated in the listing or agreed separately through the Platform's messaging, the Guest authorizes Sylhaven to charge their payment method for such amounts in the event of a claim by the Host (such as damage to the Host's property caused by the Guest). Sylhaven will mediate such claims in good faith, and any charges will follow our dispute resolution process or damage policy (if one is provided separately). Sylhaven may also place a temporary hold (authorization) on a Guest's payment method for a security deposit if the Host has set one, which will be released after the reservation if no issues are reported.

No Show and Early Termination

If a Guest fails to show up for a booking or leaves early, it may be treated as a last-minute cancellation, and refunds (if any) will be at the Host's discretion according to the applicable cancellation policy (Strict policies generally mean no refund for no-shows, whereas Flexible may allow partial refunds). If a Host fails to deliver a mobile unit at the agreed time or is not present to provide access to an on-site facility at check-in, that is considered a Host cancellation (see below) and the Guest will receive a full refund. We encourage both parties to communicate promptly if any change in plans occurs.

6. Cancellation Policy

Guest Cancellations: Hosts on Sylhaven can choose among four standard cancellation policy options for Guests' bookings: Flexible, Moderate, Firm, and Strict. The specific policy for a given listing will be stated on that listing's page and in the booking details. The policies work as follows:

Flexible

Guests can cancel up to 24 hours before the scheduled check-in time for a full refund of the booking amount. If a Guest cancels later than 24 hours before check-in (i.e., last-minute), the first day's booking fee is non-refundable, and the Guest will receive a refund for the remaining days/nights. In practice, this means the Host is paid for one day (or one night) of the booking in compensation, and any remaining amount is refunded to the Guest. If the booking is for a single-day session and the Guest cancels less than 24 hours prior or fails to show up, no refund is due (because the first day is the entire booking).

Moderate

Guests can cancel up to 5 days before the scheduled check-in date for a full refund. If a cancellation is made within 5 days of check-in, the Guest will forfeit the equivalent of one day's fee plus 50% of all remaining unused days. In other words, for a late cancellation under a Moderate policy, the Host will receive payment for one day (to cover the start of the booking) and 50% of any other days that were booked but not used, while the Guest receives a 50% refund for those unused days. If the reservation is very short (e.g. a single-day booking) and the Guest cancels within 5 days, 50% of the booking price is refunded and 50% is forfeited.

Firm

Guests can cancel up to 30 days before check-in for a full refund. If a Guest cancels between 30 days and 7 days before check-in, a 50% refund will be issued for the total booking amount (meaning the Host receives 50% payout). If cancellation is made less than 7 days before check-in, no refund is due to the Guest (the Host is entitled to 100% of the booking amount). However, for Firm (and Strict) policies, we provide a grace period: if a Guest cancels within 48 hours of making the booking and the cancellation occurs at least 14 days before check-in, the Guest will receive a full refund. This grace period allows Guests to book with confidence and then cancel shortly thereafter if they change their mind, as long as the trip is not imminent.

Strict

This is the most restrictive standard policy. Guests can only receive a full refund if they cancel within 48 hours of booking and the cancellation is at least 14 days before check-in. If a Guest cancels after the 48-hour booking window and at least 7 days before check-in, a 50% refund of the total amount will be given (the Host receives the other 50%). If the Guest cancels less than 7 days before check-in under a Strict policy, no refund will be provided – the Guest forfeits the entire booking amount and the Host is paid 100%. Essentially, once you are within a week of the reservation, a Strict policy means the booking is non-refundable. (The 48-hour grace period for new bookings, as described above, also applies to Strict bookings.)

Note: Hosts also have the option to offer a Non-Refundable Discount on their listings (as an optional feature). This means a Guest could choose a slightly lower price in exchange for a completely non-refundable booking. If a Guest books under a special non-refundable rate, no refund will be due regardless of timing if they decide to cancel, outside of any rights under law or extenuating circumstances. Non-refundable options will be clearly indicated at booking time (typically labeled as such with a discount). If a Guest does not specifically opt for a non-refundable rate, the standard policy of the listing (Flexible, Moderate, Firm, or Strict) will apply by default.

Extenuating Circumstances

In rare cases, Sylhaven may override the Host's chosen cancellation policy if a Guest or Host must cancel due to extenuating circumstances beyond their control. Examples might include serious medical emergencies, natural disasters, government travel restrictions, or other unforeseeable events that make it impossible or illegal to fulfill the reservation. Sylhaven will require documentation and will use reasonable judgment to determine if a cancellation qualifies for an extenuating circumstance exception. When approved, these cancellations will not count against a Host's record and the Guest may receive a full or partial refund notwithstanding the normal policy. Sylhaven's decision on extenuating circumstance claims is final.

Host Cancellations

If a Host cancels a confirmed booking (a "Host Cancellation"), it is disruptive and discouraged. In the event of a Host Cancellation, the Guest will receive a full refund of all amounts paid, including Sylhaven's service fees, and the Host will not receive any payout for that booking. Additionally, Sylhaven reserves the right to impose penalties on Hosts who cancel reservations without a valid reason (e.g., safety emergencies or force majeure). Such penalties may include: (i) a cancellation fee deducted from the Host's future payouts (for example, $50 if the host cancels more than 7 days before check-in, or $100 if the host cancels within 7 days of check-in); (ii) automatic posting of a public review on the Host's listing indicating the Host canceled the booking; (iii) blocking of the Host's calendar for the dates of the canceled reservation; and/or (iv) suspension or removal of the Host's listing from the Platform for repeated cancellations. Sylhaven will consider the circumstances of the cancellation—Hosts are expected to provide an explanation. We understand that true emergencies can occur (and such cases may be treated leniently), but avoidable or routine cancellations are a serious violation of these Terms.

If a Host must cancel during an ongoing reservation (for instance, a Host needs to terminate a multi-day rental early due to an unforeseen issue), the Host must notify Sylhaven and the Guest immediately. The Guest will be entitled to at least a pro-rated refund for the unused portion of the booking, and potentially additional compensation or assistance in finding alternative accommodations, at Sylhaven's discretion.

Guest Responsibilities upon Cancellation

If a Guest needs to cancel, they should do so through the Sylhaven Platform (via the booking details) as soon as possible. The effective cancellation time is when the Guest completes the cancellation process on the Platform or when the cancellation is confirmed by Sylhaven's system. Any eligible refund will be processed to the Guest's payment method. Guests should be aware that their bank or credit card issuer may take several days to reflect the refund. If you have not received an expected refund within 5-10 business days after confirmation, please contact Sylhaven support and your payment provider.

Host Rebooking Assistance

In the event a Host cancels, Sylhaven's customer support can assist the Guest in finding a similar alternative listing for the same dates if available. However, Sylhaven does not guarantee that a suitable replacement will be found. Any difference in cost between the original booking and a new booking is typically the responsibility of the Guest (if more expensive) or will be refunded (if cheaper), but Sylhaven may, at its discretion, provide a coupon or credit to help offset higher costs due to a Host cancellation.

Both Guests and Hosts are encouraged to communicate and attempt to resolve any scheduling issues before resorting to cancellation. If a Guest is open to rescheduling instead of canceling, the Host may propose a new date or time for the experience. Any changes to dates or times must be done via the Platform's booking modification system to be recognized under these Terms.

7. Liability Limitations

Assumption of Risk

Guests acknowledge that using saunas, cold plunges, and related wellness facilities may involve inherent risks, including but not limited to high heat or steam, extreme cold exposure, rapid changes in blood pressure or heart rate, slipping and falling on wet surfaces, drowning or inhalation of water in plunge pools, fire hazards from stoves or heating equipment, or other injuries (such as burns, fainting, or allergic reactions to any water treatments). Hosts acknowledge that allowing strangers to use their property or equipment comes with risks to property and personal safety. All users agree to assume these inherent risks. Each Guest agrees that they participate in any booked experience voluntarily and at their own risk, and that they will not hold Sylhaven responsible for any ordinary risks arising from the nature of the activities.

Service "As-Is"

Sylhaven provides the Platform and services on an "as is" and "as available" basis. To the maximum extent permitted by law, Sylhaven disclaims all warranties, conditions, or representations of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Sylhaven does not warrant that the Platform (or any content therein) will be uninterrupted, error-free, secure, or free of viruses, or that any booking or Host Service will meet your expectations. For example, Sylhaven makes no guarantee regarding the condition, quality, safety or suitability of any sauna or wellness facility, or the truth or accuracy of any listing descriptions or reviews. Any advice or information (oral or written) obtained from Sylhaven or through the Platform does not create any warranty not expressly stated herein.

No Warranty for Host/Guest Conduct

Sylhaven does not and cannot control the conduct of Hosts, Guests, or other users. We do not guarantee the actions of any user or the outcome of your interactions. Any disputes or issues arising out of a Host Service (such as property damage, personal injury, dissatisfaction with conditions, or failure to provide services as promised) are fundamentally matters between the Host and Guest. While Sylhaven may assist in mediating disputes, we do not assume liability for any user's conduct. You understand that any on-site or off-site interactions (including use of a sauna facility or meeting in person) are done at your own discretion and risk.

Limitation of Liability

To the fullest extent permitted by applicable law, Sylhaven (including its parent company, affiliates, officers, directors, employees, agents, and suppliers) shall not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or in connection with your use of the Platform or Host Services. This limitation applies to any damages arising from: (i) your access to, use of, or inability to access or use the Platform; (ii) the performance or non-performance of any Host or any Host Service; (iii) any transactions or relationships between users; (iv) any unauthorized access, use, or alteration of your content or data; or (v) any other matter relating to the Platform or Host Services.

In no event will Sylhaven's total cumulative liability to a user for any claims arising out of or relating to these Terms or the use of the Platform exceed the amount of service fees that user paid to Sylhaven in the 12 months prior to the event giving rise to the liability, or $100 CAD (or equivalent in local currency) if no such fees have been paid, whichever is greater. If you are a Host and the claim relates to a specific booking, Sylhaven's liability will not exceed the amount of service fees retained by Sylhaven for that booking. The limitations of liability in this section are cumulative and not per incident.

Jurisdictional Rights

Some jurisdictions (such as certain states or provinces) do not allow the exclusion of certain warranties or the limitation/exclusion of liability for certain types of damages. For example, in some places, you cannot exclude liability for gross negligence, willful misconduct, or for personal injury caused by negligent products/services. Nothing in these Terms shall exclude or limit Sylhaven's liability for any liability that cannot be excluded under law (such as death or personal injury caused by our gross negligence, or fraud). However, to the extent that the applicable law allows the limitation or exclusion of liability for negligence or other causes, the above limitations shall apply. If you are a consumer entitled to the protection of consumer protection laws, the rights under those laws are not waived by these Terms and will apply in addition to the rights set forth herein.

Release

Because Sylhaven is not a party to the agreements between Guests and Hosts, in the event that you have a dispute with one or more other users (e.g., a dispute between a Guest and a Host regarding a refund, damage, or conduct), you agree to release Sylhaven (and its affiliates, officers, agents, and employees) from any and all claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. This release does not apply to any claim that Sylhaven failed to meet its obligations under these Terms. For example, if you can prove Sylhaven mischarged your credit card or mishandled your personal data in violation of our Privacy Policy, you can still pursue that claim against Sylhaven. But if your claim is that "the Host's sauna was too hot and made me ill" or "the Guest damaged my property," those are ultimately claims to resolve with the other party, and by using Sylhaven you agree we're not responsible for them. If you are a California resident, you waive California Civil Code §1542 (and any similar law in other jurisdictions), which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release…"

8. Indemnification

You agree to indemnify, defend, and hold harmless Sylhaven, its parent company, subsidiaries, and affiliates, and their respective officers, directors, employees, partners, agents, and representatives (collectively, the "Sylhaven Parties") from and against any and all third-party claims, liabilities, damages, losses, and expenses (including reasonable legal and accounting fees) that arise out of or are related to: (a) your use or misuse of the Platform or any Host Service; (b) your breach of these Terms or of any representation, warranty, or agreement referenced herein; (c) your violation of any law or the rights of a third party (such as an intellectual property infringement or an injury to another person) in connection with your use of Sylhaven; or (d) if you are a Host, your ownership, maintenance, or provision of the facilities or services to any Guest (including any injuries, losses, or damages arising from your Host Services).

Example: If you are a Guest and you negligently leave a sauna's door open causing damage to the property, and the Host (or a third party) then makes a claim against Sylhaven for that damage, you would be responsible for those damages and costs, and you agree to indemnify Sylhaven for any liability or expenses we incur as a result. Similarly, if you are a Host and you fail to maintain your sauna heater which then causes injury to a Guest, and the Guest (or their insurer) sues Sylhaven, you agree to cover all costs and liabilities borne by Sylhaven in connection with that injury.

Sylhaven reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (at your expense), and you agree to cooperate with our defense of such claim. You may not settle any such claim in a manner that imposes any admission of fault or payment obligation on Sylhaven without our prior written consent. This indemnification obligation shall survive any termination of these Terms or your use of the Platform, meaning it continues to apply even if you delete your account or stop using Sylhaven.

9. Dispute Resolution

Initial Resolution Efforts

You agree to contact Sylhaven first to attempt to resolve any disputes informally. Most customer service issues or disagreements between users can be resolved by contacting our support team at support@sylhaven.com (or via any support channels in the app). We will make a good-faith effort to mediate and resolve the issue. This includes disputes between Guests and Hosts (we can assist with communication or claims via our Resolution Center) as well as disputes between you and Sylhaven itself.

Arbitration Agreement (U.S. Users)

If you reside in the United States (or bring any claim against Sylhaven in the U.S.), you and Sylhaven agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Platform or services (collectively "Disputes") shall be resolved by binding arbitration on an individual basis, except as provided below. This means you are waiving your right to a jury trial and to participate in a class action lawsuit for such Disputes. This arbitration agreement is intended to be broadly interpreted and to include all claims between us, including those based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. However, the following exceptions apply: (i) Small Claims: Either party may choose to bring an individual action in a small claims court of competent jurisdiction for disputes that qualify, instead of proceeding in arbitration; and (ii) Injunctive Relief: Either party may seek injunctive or equitable relief in a court for claims relating to intellectual property infringement or misuse (for example, unauthorized use of Sylhaven's trademark or a violation of the Computer Fraud and Abuse Act).

Arbitration Procedures (U.S.)

The arbitration will be administered by a neutral arbitration provider (such as the American Arbitration Association "AAA") in accordance with its Consumer Arbitration Rules. The arbitration will take place in English, and unless you and Sylhaven agree otherwise, the arbitration will be held in the county (or equivalent jurisdiction) of your residence. If your claim is for USD $25,000 or less, you may choose to have the arbitration conducted based on written submissions or a telephonic hearing. The arbitrator will have the authority to award the same damages and relief that a court would (including attorneys' fees if allowed by law), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone other than the parties. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver (U.S.)

You and Sylhaven agree that any arbitration or proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator shall not consolidate more than one person's claims and shall not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable in a particular case, then the entirety of the Arbitration Agreement shall be null and void for that case, and the dispute must be brought in court (not as a class action, but on an individual basis).

Opt-Out

If you are a new user, you have 30 days from the day you first agree to these Terms to opt out of the arbitration agreement by sending a written opt-out notice to legal@sylhaven.com with subject line "Arbitration Opt-Out". The notice must include your name, address, the email associated with your Sylhaven account, and a clear statement that you want to opt out of this arbitration agreement. If you opt out, or if you are an existing user who previously had no arbitration clause, you retain your right to sue in court and to a jury trial. Opting out of arbitration has no effect on the rest of these Terms.

Canadian and Other Non-U.S. Users

If you reside in Canada or another jurisdiction where pre-dispute arbitration agreements and class waivers are not enforceable by law (for example, certain provinces in Canada may not permit binding arbitration of consumer disputes, and some may not allow waiving of class procedures), then the above arbitration agreement and class waiver do not apply to you. In such cases, you agree that any Dispute (as defined above) that cannot be resolved through our initial resolution efforts shall be submitted to the exclusive jurisdiction of the courts of the province of British Columbia, Canada, or the appropriate provincial court where you reside (as may be required by applicable law). Specifically, if you are a Canadian consumer, you may choose to file a claim in the courts of your home province. Sylhaven is headquartered in British Columbia, so we also consent to the jurisdiction of British Columbia courts and federal courts of Canada as applicable.

Governing Law

These Terms and any Dispute will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, or, if you reside in the U.S., by the laws of the State of California (unless otherwise required by a specific statute, such as a consumer protection law that mandates the law of your home state). This choice of law is without regard to conflicts of law principles, and is subject to any overriding consumer rights under local law.

Improperly Filed Claims

All Disputes must be pursued in accordance with this section. Disputes filed or brought contrary to these Dispute Resolution terms (for example, a class action lawsuit despite the waiver, or a lawsuit in court when arbitration is required) may have to be dismissed or stayed by the court or arbitrator. The parties each agree that they will request such dismissal or stay of improperly filed proceedings. If a court or arbitrator determines that a Dispute was filed in bad faith or in disregard of the procedures outlined in this section, the party who filed improperly may be required to pay the other party's costs and attorneys' fees, as appropriate.

Survival

This Dispute Resolution section shall survive any termination of these Terms or your relationship with Sylhaven.

Contact Information

If you have any questions about these Terms of Service, please contact us at:
Email: support@sylhaven.com
Legal: legal@sylhaven.com