This End User License Agreement (“EULA”) is a legally binding agreement between you (hereinafter referred to as “User”) and Climative Inc. (hereinafter referred to as “Climative”) for the use of the Climative Data Platform (hereinafter referred to as the “Platform”). By accessing or using the Platform, you agree to be bound by the terms and conditions of this EULA. If you do not agree to these terms, you may not access or use the Platform.
Climative grants User a non-exclusive, non-transferable, revocable license to access and use the Platform for personal or internal business purposes, subject to the terms and conditions of this EULA.
User shall not, directly or indirectly:
(a) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works of the Platform;
(b) Attempt to circumvent, disable, or otherwise interfere with security-related features of the Platform;
(c) Use the Platform for any illegal, unauthorized, or harmful purpose;
(d) Sell, lease, sublicense, distribute, or otherwise transfer or make the Platform available to any third party;
(e) Use the Platform in any manner that may harm, disrupt, or impair the functionality of Climative’s Platform or networks;
(f) Use the Platform in any manner that violates any applicable laws or regulations.
Climative represents and warrants that it owns all right, title, and interest in and to the Platform, and that the Platform does not infringe upon the intellectual property rights of any third party. In the event that any third party asserts a claim against User based on an alleged infringement of intellectual property rights arising from User’s use of the Platform, Climative shall defend, indemnify, and hold User harmless from and against any damages, liabilities, costs, and expenses (including reasonable attorney’s fees) incurred by User as a result of such claim, provided that User promptly notifies Climative in writing of the claim and cooperates fully with Climative in the defense and settlement of the claim.
User agrees to defend, indemnify, and hold Climative harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from or related to User’s use of the Platform, including but not limited to any breach of this EULA, violation of applicable laws or regulations, or infringement of third-party rights.
Climative respects User’s privacy and follows applicable data protection laws. By using the Platform, User agrees to the collection, use, and processing of personal data as outlined in Climative’s Privacy Policy. User acknowledges and agrees that Climative may collect and use anonymous usage data to improve the Platform’s performance and functionality.
The Platform, including all software, content, and materials provided therein, are the property of Climative and are protected by intellectual property laws. User acknowledges and agrees that all rights, title, and interest in the Platform, including any updates or modifications, remain with Climative.
The Platform is provided on an “as is” basis, without warranties or conditions of any kind. Climative disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. User acknowledges and agrees that Climative shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use of the Platform.
Climative reserves the right to terminate this EULA and User’s access to the Platform at any time, with or without cause. Upon termination, User shall cease all use of the Platform and destroy any copies of the Platform in its possession.
Climative shall not be liable for any failure or delay in the performance of its obligations under this EULA if such failure or delay is due to circumstances beyond its reasonable control. Such circumstances may include, but are not limited to, acts of God, natural disasters, war, terrorism, strikes, labor disputes, government actions, power outages, and other events or occurrences that are not within Climative’s control (“Force Majeure Event”).
This EULA shall be governed by and construed in accordance with the laws of New Brunswick, Canada. Any disputes arising from or relating to this EULA shall be subject to the exclusive jurisdiction of the courts of New Brunswick, Canada.
This EULA constitutes the entire agreement between User and Climative concerning the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, understandings, or agreements.
By accessing and using the Climative Data Platform, User acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this EULA. If User does not agree to these terms, they may not access or use the Platform.
Climative provides a collaborative AI-assisted data platform for organizations to enable personalized advice and offers to building owners, taking the guesswork out of building upgrades and transforming the low carbon economy.
