1.1. You agree to access and use the Application made available to you by 360 Energy solely in accordance with these terms and conditions of use agreement (the “Agreement”). By accessing and/or using the Application, You affirm that You are entering into a legally binding agreement/contract, which consists of all terms and conditions of use of this Agreement, with 360 Energy, individually and on behalf of all other persons and entities for whom/which You act or purport to act (“You; Your”). If You do not agree to the terms and conditions of this agreement, You are not authorized to access or use the Application.
1.2. This Agreement shall govern Your access and use of the Application, any associated upgrades, patches, updates, as well as accounts and passwords. All terms relating to the use of the Application included on the landing page, signup page or on any other page of the Application are hereby incorporated into this Agreement, and in turn, all terms that are defined therein shall be ascribed, for the purpose of this Agreement, the respective meaning ascribed to them within the applicable pages, unless/except as otherwise defined herein below.
1.3. This Agreement is subject to change by 360 Energy in its sole discretion at any time. Please check the 360 Energy website regularly to view the most current version of this Agreement.
If you have any questions about this Agreement or the Application, please contact Us at info@360energy.net.
2.1.1 Pricing. All prices listed on our website are in Canadian Dollars and include applicable taxes unless otherwise stated.
2.1.2 Payment Methods. We accept the following payment methods: credit cards, PayPal, bank transfers.
2.1.3 Payment Timing. Payments are due and payable by the User upon signing up for the Application and each subsequent anniversary of such date, pro-rated until termination, if applicable.
3.1 Refund Policy. Refunds are granted at the sole discretion of 360 Energy. If You believe You are entitled to a refund, please contact Our support team at info@360energy.net within 5 days of Your purchase.
3.2 Disputed Charges. If You dispute any charge on Your account, You must contact Us within 30 days from the date of the disputed charge. We will investigate and resolve disputes promptly.
4.1 Accuracy. You agree to provide accurate and complete payment information. If Your payment information changes, you must update it promptly in your account settings.
4.2 Failure to Pay. If payment is not successfully processed due to expiration, insufficient funds, or otherwise, 360 Energy will suspend or terminate Your access to the Application.
4.3 Third-Party Payment Processors. We use third-party payment processors to handle transactions. Your payment information will be handled in accordance with the payment processor’s privacy policy.
5.1. Changes. We reserve the right to modify Our payment terms at any time. Any changes will be effective immediately upon posting on Our website. Your continued use of Our services after charges are posted constitutes Your acceptance of new terms.
6.1.1 “Intellectual Property” shall mean any and all intellectual property, including without limitation, works, inventions (whether patentable or not), discoveries, trade secrets, know-how, scientific formulae, data, information, reports, results, analysis, software, coding, models, research and development information, technical information, prototypes, specifications, patterns, drawings, algorithms, products, compositions, processes and protocols, methods, tests, devices, computer programs, trademarks, trade dress, goodwill, copyright and includes any and all related rights, patents, patent rights, patent applications, trade-mark applications and registrations, and copyright registrations.
6.1.2 “Application Content” shall mean all Intellectual Property and all content displayed on or otherwise relating to the Application, including but not limited to the overall interface, images, graphics, inscriptions, audio, video, music, text, accompanying documentation, colors, the backend, meta-data, software code, source code, object code, logos, symbols, slogans, the selection and arrangement of content, and the structure and overall look and feel. The Application Content does not include the User Content.
6.1.3 “User Content” shall mean all data, documents and other content that is uploaded or inputted to the Application by a third-party user of the Application, relating to product specific environmental indicators.
6.2. Rights in the Application Content. 360 Energy is the exclusive owner of the right title and interest in and to the Application Content and is a licensee to the User Content. Other than as expressly permitted herein, 360 Energy does not grant you any express or implied permission to use the Application, the Application Content or the User Content. You shall not take any step, by act or omission, that would violate 360 Energy’s rights in the Application Content, including its Intellectual Property rights. This includes, but is not limited to, any unauthorized copying, transmitting, modification, creation of derivative works based on, loaning, selling, assigning, or reverse engineering of the Application or the Application Content. You agree not to use any data mining, robots, or similar data and/or gathering and extraction methods in connection with the Application. You shall not infringe or otherwise violate any Intellectual Property right associated with the Application Content.
6.3. Limited User License. Subject to this Agreement, 360 Energy grants You a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the Application, inclusive of the Application Content and the User Content (the “User License”) for the strict purpose of uploading, downloading, managing, storing, accessing and/or requesting product specific environmental indicators and corresponding data and documentation (“Permitted Uses”). You shall not attempt any access or use to any part of the Application beyond those clearly and unequivocally authorized and intended by 360 Energy. Your use and access to the Application is subject to all applicable laws.
6.4. Rights in the User Content. Subject to this Agreement and the Privacy Policy, You retain all rights in and to all User Content You upload or otherwise input to the Application (“Uploaded User Content”).
6.5. Warranty and License to User Content. With respect to the Uploaded User Content, You represent and warrant that (i) You have all necessary rights to input the Uploaded User Content to the Application and to grant the license set forth herein; (ii) 360 Energy will not be required to seek any additional license, permissions or pay any royalty to any third party with respect to the Uploaded User Content; (iii) the Uploaded User Content does not infringe or violate any third party’s rights, inclusive of property, intellectual property or privacy rights; and (iv) the Uploaded Content complies with this Agreement and all applicable laws.
6.6. By uploading or otherwise inputting the Uploaded User Content to the Application, You grant 360 Energy a limited, worldwide, non-exclusive, royalty-free license to the Uploaded User Content, including the right to replicate, transmit, distribute, make derivative works from the Uploaded User Content for the purpose of making the Uploaded User Content Available to other users of the Application or for any other purpose deemed directly or indirectly related to the Application in the sole discretion of 360 Energy (the “Uploaded User Content License”). The Uploaded User Content License will continue unless and until You contact 360 Energy and request to have the Uploaded User Content removed from the Application, in which case 360 Energy will de-identify the Uploaded User Content License will terminate within a commercially reasonable period of time. Without limiting the foregoing, the Uploaded User Content License shall continue indefinitely with respect to legal and archival purposes. Other than as specified herein, 360 Energy shall not acquire any ownership interest in the Uploaded User Content.
6.7. Violation of Application Content Intellectual Property. We take the protection of Our Intellectual Property rights seriously and will not hesitate to commence legal action in the case of infringement of 360 Energy’s Intellectual Property. If You become aware of any suspected violation of the Intellectual Property associated with the Application by any third party, please notify Us at info@360energy.net.
7.1 Restrictions on Use. You shall not use the Application for any purpose beyond the scope of Permitted Uses. Without limiting the generality of the foregoing, You shall not at any time, directly or indirectly:
7.2. Protecting Account Access. To facilitate the access and use of the Application, We shall provide You with the necessary means to register for an account with which to access the Application. You agree to keep all account information up to date. You shall not permit or otherwise enable any other person or entity to use your username or password to access/use any part of the Application, unless expressly authorized by 360 Energy. You must promptly notify Us of any known or suspected unauthorized use of or access to Your account.
7.3. Suspension of Use. Notwithstanding anything to the contrary in this Agreement, We may temporarily or permanently suspend Your access to some or all of the Application, without notice, for any reason. For greater certainty, and without limiting the foregoing, Your account will be immediately suspended if it is linked to any suspected:
(a) threat or attack on any Intellectual Property related to the Application;
(b) security risk;
(c) fraudulent or illegal activities;
(d) prohibition under applicable law; or
(e) breach of this Agreement.
7.4.1 We reserve all rights not expressly granted to You in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to You or any third party any Intellectual Property rights or other right, title, or interest to any of 360 Energy’s Intellectual Property. We reserve the right at any time to alter the price, features, specifications, capabilities, functions, terms, release dates, general availability, or other characteristics of the Application. Updates, upgrades, patches, and modifications may be necessary to continue to use the Application on certain hardware.
7.4.2 360 Energy may replace or discontinue the Application or any part thereof at any time, for any reason, with or without notice, at 360 Energy’s sole discretion.
8.1 Usage data. Notwithstanding anything to the contrary in this Agreement, We may monitor Your use of the Application and collect and compile data related to such use (“Usage Data”). All rights, titles, and interests in Usage Data, and all intellectual property rights therein, belong to and are retained solely by Us. You acknowledge that We may compile Usage Data input into the Application. You agree that We may: (i) make Usage Data publicly available in compliance with applicable law; and (ii) use Usage Data to the extent and in the manner permitted under applicable law, provided that such Usage Data do not identify Your personal information as defined in the Privacy Policy. All information We collect, including Usage Data, will be collected and used in accordance with Our Privacy Policy.
8.2 Privacy. Your privacy is important to Us and Our privacy policy (available at app.envirally.io the “Privacy Policy”) forms an integral part of this Agreement. By accessing and using the Application, You agree to accept the terms of the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the Application. You must review the Privacy Policy carefully prior to Your use and/or access of the Application
8.3 Notice and Consent to Electronic Communications. By accessing or using the Application, You consent to receive electronic communications from 360 Energy (e.g., responses to Your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on the Application). You agree that any notices, agreements, disclosures, or other communications that We send to You electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
8.4 Feedback. If You send or transmit any communications or materials to Us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Application, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback“), We may use any Feedback that You voluntarily provide in connection with Your use of the Application as part of Our business operations irrespective of any other obligation or limitation between the Parties governing such Feedback. You hereby assign to 360 Energy on Your behalf, all right, title, and interest in, and 360 Energy is free to use, without any attribution or compensation to any Party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although 360 Energy is not required to use any Feedback.
8.5 Personal Information and Privacy. We respect the privacy rights of any Personal Information provided by the User in accordance with applicable Canadian laws, including the Personal Information Protection and Electronic Documents Act. The specific policies and safeguards in place to protect Your Personal Information are detailed in the Privacy Policy.
8.6 No Back up or Storage. 360 Energy does not provide a backup service and You agree that You will not rely on the Application for the purposes of backup or storage. 360 Energy will not be liable to You for any modification, suspension, or discontinuation of the Application, or the loss of any information stored within the Application.
8.7 No transfer of ownership. Except as expressly described herein, nothing in this Agreement transfers ownership in or grants any license to any Intellectual Property rights in the Application. We retain ownership of the Application Content, Usage Data, Feedback, and any subsequent copies thereof, regardless of form or media.
Although the Application may be accessible worldwide, 360 Energy makes no representation that the materials and/or content made available in connection with the Application are appropriate or available for use in locations outside of Canada and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Application from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Application is void where prohibited. Notwithstanding the foregoing, the Application may be available on a localized basis to Users located in certain countries outside of Canada.
BY ACCESSING OR USING THE APPLICATION YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE APPLICATION.
10.1.1 Disclaimer of Warranties. You acknowledge that the Application is being provided AS IS and AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. In addition, 360 Energy does not represent or warrant that the Application is accurate, complete, reliable, current, or error-free, and has not been written to meet Your individual requirements. A failure of any part or the whole of the Application to be suitable for a Your requirements will not give rise to any right or claim against 360 Energy.
10.1.2 Software Errors You acknowledge that the Application in general is not error-free and agree that the existence of such errors will not constitute a breach of this Agreement.
10.1.3 Software Viruses. We do not warrant that the Application will be free from all known viruses, and You are solely responsible for virus scanning any software provided as part of the Application.
10.1.4 Acceptance of Risk. You acknowledge and agree that You access and use the Application at Your own discretion and risk, and that You will be solely responsible for any damage to Your hardware or any loss of data that results from such downloading, installing, or use of the Application.
10.1.5 Compatibility. To use the Application, You are required to have compatible hardware and Internet access. The Application is available for access and use on devices that meet the stipulated requirements at the time of access and use. We do not warrant that the Application will be compatible with specific hardware, including a particular computer or mobile device, of any given user.
10.1.6 Accuracy of User Content. We provide access to User Content for user convenience and informational purposes only. While We aim to facilitate reliable resources, We do not create, control, represent, or endorse the accuracy, completeness, or reliability of the User Content. We expressly disclaim all warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement concerning User Content. By using the Application, You bear all risks associated with the use of and/or reliance on User Content and you will not rely on them as a substitute for Your independent judgment or professional advice.
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE APPLICATION MEETS YOUR REQUIREMENTS. YOU BEAR THE SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE APPLICATION TO MEET SUCH REQUIREMENTS.
IN NO EVENT WILL 360 ENERGY BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, OR OTHER SPECIAL, DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE PROPRIETARY SOFTWARE UNDER THIS AGREEMENT, EVEN IF 360 ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
UNDER NO CIRCUMSTANCES SHALL 360 ENERGY, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO THE LICENSEE OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, OR USE OF THE APPLICATION, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, OR THE NEGLIGENCE OF 360 ENERGY OR ANY OTHER PARTY, EVEN IF 360 ENERGY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS 360 ENERGY’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of 360 Energy or for any other matters in which liability cannot be excluded or limited under applicable law.
10.2.1 Limitation of Remedies and Damages. If, notwithstanding this Agreement, 360 Energy is liable to You, then in no event will 360 Energy’s aggregate liability arising out of or related to this Agreement under any legal or equitable theory for any and all claims, including breach of contract, tort (including negligence), strict liability, and otherwise relating to this Agreement or the Application furnished or to be furnished by 360 Energy will, in any event, be absolutely limited to the total amount paid for the Application. You hereby discharge 360 Energy from all liability in excess of this amount.
10.2. Express and Implied Conditions. Unless this Agreement expressly provides otherwise: to the maximum extent permitted by law, all express and implied conditions, warranties, or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, quality, or title to the Application are negated and excluded; and 360 Energy gives no condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of the Application.
10.3 Notice of Claims. If You desire to make a claim against 360 Energy concerning this Agreement, or the Application, You must first notify 360 Energy in writing of Your potential claim, the grounds for Your claim, and the relief You seek. You must allow 360 Energy no less than sixty (60) days to attempt to resolve the issue prior to formally asserting a claim. If You fail to provide notice, 360 Energy will not be liable to You for the claim.
10.4 Indemnification. You agree to defend, indemnify and hold 360 Energy, its subsidiaries, affiliates, licensors, employees, agents, third-party information providers, and independent contractors against any claims, damages, actual loss, costs, liabilities, and expenses (including reasonable attorneys' fees) resulting from or arising out of Your conduct, Your use or inability to use or access the Application or any information provided by 360 Energy, Your breach or alleged breach of this Agreement, Your violation of the rights of 360 Energy, or Your violation of any rights of another.
11.1 Time of Termination. This Agreement remains effective until termination. We will immediately suspend or terminate this Agreement with or without notice at Our sole discretion if You exceed the scope of the Permitted Uses or otherwise fails to comply with the terms of this Agreement.
11.2 User Termination. You may terminate this Agreement at any time by ceasing use of the Application and deleting Your account. We reserve the right to maintain the effect of this Agreement until it has been verified that all User account identifications and passwords associated with the right of access and use to the Application have been deactivated or terminated.
11.3 Effect of Termination. Upon termination of this Agreement, the rights and User License granted to You herein shall terminate and You must immediately cease to use and permanently delete or destroy any software and/or account information associated with the Application.
11.4 Survival. Despite any other provision of this Agreement, sections 4 (Usage of Data and Privacy), 2 (Intellectual Property), 6 (Disclaimers and Limitation of Liability), and 7 (Termination) survive the expiration or termination of this Agreement.
12.1 Right to Make Changes. We reserve the right, in Our sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this Agreement for security, legal, best practice, or regulatory reasons. When changes are made, We will make a new copy of the Agreement available at Our website at www.360envirally.io (the “Website”) and within the Application. We will also update the “Last Updated” date at the end of this Agreement. If we make any material changes, we will also send a push notification or show a pop-up to You via the Application. Any changes to the Agreement will be effective immediately. For material changes, We may require you to provide consent to the updated Agreement in a specified manner before further use of the Application is permitted. If You do not agree to any change(s) after receiving a notice of such change(s), You shall stop using the Application. Otherwise, Your continued use of the Application constitutes Your acceptance of such changes. Such changes will be effective with and as applicable, without prior notice to You. You can review the most current version of this Agreement by clicking on the “Terms of Use” link located at www.360envirally.io.
12.2 User Responsibility. You are responsible for checking this Agreement periodically for changes. If any future changes to this Agreement are unacceptable to You or cause You to no longer be in agreement or compliance with this Agreement, You may terminate this Agreement in accordance with Section 7. Your continued use of the Application following any revision to this Agreement constitutes Your complete and irrevocable acceptance of any and all such changes.
12.3 Effect of Updates to the Application. We may modify the Application for any reason or without any specific reason, at any time and at Our entire discretion, including without limitation, for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Application. You agree that the Application may require the installation or incorporation of any such modifications automatically. You agree that We may stop supporting previous versions of software associated with the Application upon the availability of an updated version. We also reserve the right to amend the scope set out in Section 1 herein to place limits on the use of the Application.
13.1 Governing Law. Any claims related to this Agreement shall be exclusively decided by courts of competent jurisdiction in Ottawa, Ontario, Canada. This Agreement will be governed by and constructed in accordance with the laws of the province of Ontario and the federal laws of Canada without regard to conflicts of laws principles.
13.2 Severability. If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
13.3 Entire agreement. This Agreement represents the complete agreement between the Parties and supersedes all prior or contemporaneous communications, understandings, or agreements (whether written or oral).
13.4 Assignment. You may not transfer or assign any rights or obligations You have under this Agreement without 360 Energy’s prior written consent. 360 Energy may transfer or assign this Agreement or any right or obligation under this Agreement at any time.
13.5 No Third-Party Beneficiaries. Nothing contained in this Agreement shall be deemed to create, or be construed as creating, any third-party beneficiary right of action or other rights of third parties.
13.6 Headings. Clause headings have been included in this Agreement for convenience only and must not be considered part of or be used in interpreting this Agreement.
13.7 No Waiver. No failure or delay by 360 Energy 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 thereof or the exercise of any other right, power, or privilege under this Agreement. 360 Energy shall be deemed to have waived any provision under this Agreement unless such waiver is in writing and executed by a duly authorized officer of 360 Energy. No waiver by 360 Energy of any provision hereof on one occasion shall constitute a waiver of such provision on any other occasion.
13.8 Contact. You may contact Us regarding any questions related to this Agreement by emailing at info@360energy.net.
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End of Terms and Conditions of Use, last updated July 18, 2024.
