Terms of Service

Document Classification: User-Facing Legal
Effective Date: 1 March 2026
Last Updated: 21 March 2026
Version: 2.1
Governing Law: Ontario, Canada

Preamble

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Blvckshell Incorporated doing business as Shhh ("we," "us," or "our") governing your access to and use of the Shhh mobile application, website, application programming interfaces (APIs), and all related services, features, content, and functionality (collectively, the "Services"). By accessing, downloading, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

Consumer rights: Nothing in these Terms limits or excludes your statutory rights as a consumer where applicable under mandatory law. If any provision conflicts with such rights, the provision shall be read down or severed to the extent necessary to give effect to your statutory rights.

1. Definitions

Term	Definition
Account	The registration and associated credentials enabling access to the Services
User Content	Any content, data, or materials you submit, post, upload, transmit, or otherwise make available through the Services, including but not limited to: profile information, photographs, messages, whispers, location data, and event or venue information
Services	The Shhh mobile application, website, APIs, and all related services, features, content, and functionality operated by Blvckshell Incorporated doing business as Shhh
Third-Party Services	Any third-party services, applications, or websites integrated with or linked from the Services

2. Eligibility and Representations

2.1 Age Requirement

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, whichever is greater, to use the Services. By using the Services, you represent and warrant that: (a) you meet the age requirement; (b) you have the legal capacity to enter into a binding contract; (c) you are not prohibited from using the Services under applicable law; and (d) you will comply with these Terms and all applicable local, national, and international laws and regulations.

2.2 Age Verification

We reserve the right to verify your age and identity through reasonable means, including but not limited to verification providers, document submission, or other methods. Failure to provide accurate age or identity information constitutes a material breach of these Terms and may result in immediate account termination and reporting to relevant authorities.

2.3 Prohibited Jurisdictions

We may restrict access to the Services from certain jurisdictions. It is your responsibility to ensure that your use of the Services complies with the laws of your jurisdiction.

3. Account Registration and Security

3.1 Account Creation

You must provide accurate, current, and complete information during registration and maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to notify us immediately of any unauthorized access, use, or disclosure of your account. We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Termination

We may suspend or terminate your account, with or without prior notice, for any reason, including but not limited to: violation of these Terms, fraudulent activity, abuse of the Services, or at our sole discretion. We may also suspend or terminate accounts that are inactive for extended periods.

4. License Grant and Restrictions

4.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Services for your personal, non-commercial use.

4.2 Restrictions

You agree not to, and shall not permit any third party to:

(a) Copy, modify, distribute, sell, lease, or create derivative works of the Services;
(b) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services;
(c) Use the Services for any illegal purpose or in violation of any applicable law;
(d) Interfere with or disrupt the integrity or performance of the Services;
(e) Use automated means (including bots, scrapers, or scripts) to access the Services without our prior written permission;
(f) Circumvent or attempt to circumvent any security measures, access controls, or rate limits;
(g) Use the Services to harass, abuse, harm, or exploit any person;
(h) Impersonate any person or entity or misrepresent your affiliation.

5. User Content

5.1 Ownership

You retain ownership of User Content you submit. Subject to the license below, we do not claim ownership of your User Content.

5.2 License to Us

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purpose of operating, providing, promoting, and improving the Services. This license survives termination of your account to the extent necessary for us to retain, display, or use User Content as permitted by law or our policies.

5.3 Representations and Warranties

You represent and warrant that: (a) you own or have the necessary rights to submit User Content; (b) your User Content does not violate any third-party rights (including intellectual property, privacy, or publicity rights); (c) your User Content does not violate applicable law; and (d) your User Content does not violate these Terms or our Acceptable Use Policy or Community Guidelines.

5.4 Content Removal

We may remove, modify, or refuse to display User Content that violates these Terms or our policies, without prior notice. We have no obligation to retain or provide copies of removed User Content.

6. Privacy

Your use of the Services is subject to our Privacy Policy, which describes how we collect, use, disclose, and safeguard your information. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy.

7. Subscriptions and Payments

7.1 Paid Features

Certain features may require a paid subscription. Subscription terms, pricing, billing, and renewal are governed by our Payment Terms and Refund Policy.

7.2 Automatic Renewal

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel at any time through your account settings or app store subscription management.

8. Termination

8.1 Termination by You

You may terminate your account at any time through the in-app account deletion flow or by contacting us at legal@shhh.social.

8.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, for violations of these Terms, fraudulent activity, abuse, or at our discretion.

8.3 Effect of Termination

Upon termination, your right to use the Services ceases. Provisions that by their nature should survive (including indemnification, limitation of liability, dispute resolution, and intellectual property) will survive termination.

9. Disclaimers

9.1 "As Is" and "As Available"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Responsibility for Third Parties

We do not warrant that the Services will be uninterrupted, error-free, or secure. We are not responsible for the conduct of any user or third party. We do not endorse or guarantee the accuracy of any User Content.

10. Limitation of Liability

10.1 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Blvckshell Incorporated doing business as Shhh AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL.

10.2 Cap on Liability

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

10.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Blvckshell Incorporated doing business as Shhh, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms or applicable law; or (d) your violation of any third-party rights.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by the laws of Ontario, Canada, without regard to conflict of law principles.

12.2 Informal Resolution

Before initiating arbitration or litigation, you agree to contact us at legal@shhh.social and attempt to resolve the dispute informally. We will attempt to resolve the dispute within thirty (30) days. If the dispute is not resolved, either party may proceed to arbitration or court as set out below.

12.3 Arbitration (Non-EU Users)

If you are not a consumer in the EU/EEA, any dispute arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the ADR Institute of Canada, except that either party may seek injunctive relief in court. You waive any right to participate in a class action. To the extent the class action waiver is found unenforceable in your jurisdiction, the arbitration agreement remains in effect for individual disputes.

12.4 Opt-Out of Arbitration

You may opt out of the arbitration agreement by sending written notice to legal@shhh.social within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you opt out of arbitration. If you opt out, disputes shall be resolved in the courts of Ontario, Canada.

12.5 EU/EEA Consumers

If you are a consumer in the EU or EEA, this arbitration clause does not apply to you. You may bring a claim before the courts of your country of residence. EU consumers also have access to the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.

13. Changes to Terms

We may modify these Terms at any time. For material changes, we will provide at least thirty (30) days' notice by posting the updated Terms in the app and/or sending an email to your registered address. The notice will indicate the effective date and summarize key changes. Your continued use of the Services after the effective date constitutes acceptance. If you do not agree, you must stop using the Services and delete your account before the effective date.

14. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disaster, war, terrorism, pandemic, government action, labour dispute, failure of third-party services (e.g. hosting, payment processors), or internet or telecommunications failure. If a force majeure event continues for more than thirty (30) days, either party may terminate the agreement on written notice.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and Blvckshell Incorporated doing business as Shhh regarding the Services.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 Assignment

We may assign these Terms; you may not assign without our consent.

15.4 Language

The English version of these Terms prevails. Any translation is provided for convenience only.

15.5 Accessibility

If you need these Terms in an accessible format, contact legal@shhh.social.

16. Contact

For questions about these Terms, contact us at legal@shhh.social.

Operator: Blvckshell Incorporated doing business as Shhh, a federal corporation incorporated under the laws of Canada (corporation no. 1400386-1). Registered office: 2113 Division Road N, Kingsville, Ontario N9Y 2Z2, Canada.