Last Updated: October 25, 2023
Thank you for visiting and/or using Othersphere.io, related websites, and products. Othersphere Systems, Inc. makes available websites, applications, software, and data sources through which it provides software services for location optimization of sustainable infrastructure derived from the Software (defined below) and other technologies and services owned, licensed, and provided by Othersphere Systems, Inc. (collectively, the “Services”). Any visitors to this site or users of the Service are collectively referred to as "users" in these Terms. By purchasing, accessing, or using the Services offered by Othersphere Systems, Inc. (“Othersphere”, “we” or “us”), you (”you “ or “user”) are confirming that you have read, understand, and accept this Agreement.
We reserve the right to make changes to these Terms at any time and for any reason. Occasionally, we will update these Terms and revise the “last updated” notation at the top of these Terms. We will alert you about any material changes either by (notifying you by email (sent to the email address listed in your account), or by providing a notice on the Service with updated Terms before the change becomes effective. You are encouraged to periodically review these Terms to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Terms by your continued use of the Services after the effective date listed in any such revised Terms.
Access to certain Services or features of the Services may be subject to age restrictions and not available to all users of the Services. The Services are only for users 18 years old and over (with additional limits that may be set forth in the jurisdictionally specific supplemental terms). By accessing or using our Services, you confirm that: (a) you are over 18 and can form a binding contract with Othersphere Systems Inc.; (b) you accept these Terms; and (c) you agree to comply with these Terms. If you’re using our Services for an organization, you’re agreeing to these Terms on behalf of that organization. If you are over 18 but under the legal age to enter into a contract in your jurisdiction, your parents or legal guardian must read and agree to these Terms, as well as supervise your use of the Services. If you do not have consent from your parents or legal guardians, you must cease accessing or using the Services. If we learn that someone under the relevant age is using the Services, we will terminate access to the Services for such user.
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below. If there is a conflict between the provisions of the jurisdictionally specific supplemental terms that are applicable to you, and the rest of these Terms, the relevant jurisdictionally specific supplemental terms will supersede and control.
You are responsible for your conduct. You must comply with our Terms in the use of our Services, as well as the entire Agreement. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download for distribution or share content unless you have the right to do so under other agreements with us and these Terms do not provide such permissions. Portions of our Services may be made available through social sharing features enabled through our Services (e.g. Google, Linkedin, and X) but only content and information tagged for such functionality is available for sharing. We may review your conduct and content for compliance with these Terms, the Agreement as a whole and any other policies. That said, we have no obligation to do so.
You may use our Services only as permitted by applicable law, including export control laws and regulations, including the age restrictions described herein.
Some of our Services allow you to download or access our client software (“Software”) or various subscription services related to our Software, Services or platform, which may be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, fully revocable license to access and download the Software and solely to access the Services. Use of such Software will be governed by further agreements between you and Othersphere which you must accept in order to use the Software. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services or the Software, attempt to do so or assist anyone in doing so.
We may release certain products and features that we are still testing and evaluating. Those Services will be marked as beta, preview, preliminary, early access or evaluation (or words or phrases with similar meanings) and may not be as reliable as other Services and may be terminated at any time. By accessing such releases, you agree to their use solely for internal purposes and product evaluation, as Services in the beta phase are not suitable for decision making or other purposes.
As the Services are still in a testing phase, they are likely to contain errors. In addition to the disclaimers in the Terms, you agree that the Services, and any portion thereof, are provided "AS IS" and "AS AVAILABLE." You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue the Services (or any portion thereof) at any time and in our sole discretion, with or without notice to you. During the term of these Terms, you will use commercially reasonable efforts to provide suggestions, comments or ideas and report issues or problems related to your use of the Services (collectively, "feedback") to us in a timely basis or as otherwise agreed between the parties in writing (email will suffice). You agree not to disclose feedback to any third party and hereby assign to us all right, title and interest in and to any feedback, without any right to compensation or other obligation from us.
Parts of our Services will require access to services or APIs or other functionality provided by third parties including but not limited to surveys and questionnaires, marketing analytics including those provided by Google and other platforms, data providers, customer relationship management and communications software, and other service providers related to our Services or Software. By using or accessing our Services you understand that your use of our Services or Software may involve access by such third party service providers and as such you may be subject to the terms and conditions related to such service providers.
Othersphere’s Services and its related features may not be available in all languages and/or all countries or in translation to all methods of online accessibility for those with various disabilities. Given this possibility, Othersphere makes no representation that its services and related features are appropriate or available for use in any specific location or by any specific person. In your election to use and access the Services despite these possible conditions, you do so upon your own initiative and with understanding of and agreement to such limitations.
The Services are protected by patent, copyright, trademark, and other Canadian, US, and foreign laws. You agree to not obscure or alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Services for any reason. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, in Othersphere’s trademarks, logos and other brand features or proprietary information.
You may not reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, nor create derivative works from our Services. Access to the Services is licensed, not sold, to you and is owned by Othersphere and its licensors.
Specifically, unless stated otherwise:
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported by emailing firstname.lastname@example.org. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Othersphere Systems Inc.Attention: Legal2031 Store StreetVictoria, BC, V8T 5L9, Canadaorlegal@othersphere.io
Othersphere and you may exchange “Confidential Information” in the course of your use of our Services. Othersphere’s Confidential Information may include non-public information about our pricing, personnel, or partnerships, our product roadmap, our security documentation, or other non-public information we identify as confidential. Your Confidential Information may include non-public information about your policies, personnel (including names and email addresses of your authorized users), or plans or strategies or business practices. When either you or we (the “recipient”) receive Confidential Information from the other (the “discloser”), the recipient will use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (but in no event less than reasonable care) and will not disclose or use any Confidential Information of the discloser for any purpose outside of the scope of this Agreement. Information will not be considered Confidential Information if (i) it was lawfully in the recipient's possession before receiving it from the discloser; (ii) it is provided in good faith to the recipient by a third party without breaching any rights of the discloser or any other party; (iii) it is or becomes generally available to, or accessible by, the public through no fault of the recipient; or (iv) it was or is independently developed by the recipient without reference to the discloser’s Confidential Information. In the event that the recipient or any representative of the recipient becomes legally compelled (by law, rule, regulation, subpoena, or similar court process) to disclose any of the Confidential Information, the recipient will (if permitted to do so) provide the discloser with notice of such circumstances and will limit such disclosure to the required disclosure. You will not make any public announcements related to the Services without our prior written approval, which we may grant or withhold in our sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information hereunder.
You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services on notice to you if:
We won’t provide notice before termination where:
We may decide to discontinue the site, the Services or access to the Software for any reason whatsoever and in our sole discretion.
To the fullest extent permitted by law, Othersphere and its affiliates, partners, licensors, suppliers and distributors make no warranties, either express or implied, about the Services. The Services are provided "as is" and “as available” without any warranties or conditions of any kind, either express or implied, including, but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranties, conditions or representations about the accuracy, reliability, completeness or timeliness of the content made available through the Service.
Othersphere does not guarantee or warrant that the Services will be free from corruption, errors, loss, viruses, attack, hacking, interference, or other security intrusions. Othersphere expressly disclaims any liability whatsoever with respect to these third party acts. to the extent these exclusions are specifically prohibited by law in individual jurisdictions, they may not apply to you.
You agree and acknowledge that your downloading of any material obtained through the services is at your own risk. Any resulting or alleged damages to your computer, device, or data loss that results shall be your sole responsibility.
We don’t exclude or limit our liability to you where it would be illegal to do so. In countries where certain types of exclusions aren’t allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can't be waived or limited by any contract or agreement.
Othersphere, its affiliates, partners, suppliers or distributors won’t be liable (jointly or severally) to any person for:
These exclusions or limitations will apply regardless of whether or not Othersphere or any of its partners or affiliates have been advise of or could have foreseen the possibility of such damages. Othersphere, its affiliates, partners, suppliers, or distributors will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. Othersphere and its affiliates aren’t responsible for the conduct, whether online or offline, of any users of the services. To the extent these exclusions are specifically prohibited by law in individual jurisdictions, they may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then the Othersphere’s liability will be limited to the fullest possible extent permitted by applicable law.
To the maximum extent permitted by law, you agree to, at your sole cost, defend, indemnify, and hold harmless Othersphere and its subsidiaries, affiliates, officers, directors, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, arising out of:
(collectively, the “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.
You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services. You are not (and your organization is not 50% or more owned by one or more individuals, organizations or entities that are): (1) organized or located in a country or territory that is the target of sanctions imposed or (2) listed on any restricted or sanctioned party list maintained by the U.S. Government or any other applicable country.
You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.
You may not use the Services to:
Othersphere will attempt to resolve any dispute with you informally by contacting you via email. If a dispute is not resolved within a commercially reasonable timeframe of submission, a formal proceeding may follow such as arbitration.
Judicial forum for disputes: You and Othersphere agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the province of British Columbia. Othersphere and you both consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
No Class Actions: **You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a member in a class, in a consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
These Terms will be governed by law of British Columbia, Canada, except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
Othersphere’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Othersphere may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.
In these Terms, (a) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (b) the word “including”, the word “includes” the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (c) all references to Services will also include any successor or replacement applications, websites, content, or services containing substantially similar information as the referenced Service(s).
You agree that we may freely utilize and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations, or other information you provide to us relating to the Services (“Feedback”). by sending Feedback to us, you agree that:
For avoidance of any doubt, Confidential Information related to you or your organization, and not relating to Feedback on the Services, will be treated as confidential (as defined in the previous section above).
We reserve the right to make changes to these Terms at any time and for any reason. Occasionally, we will update these Terms and revise the “last updated” notation at the top of these Terms. We will alert you about any material changes either by (notifying you by email (sent to the email address listed in your account), or by providing a notice on the Service with an updated Terms before the change becomes effective. You are encouraged to periodically review these Terms to stay informed of updates. If you don’t agree to the updates we make, please cancel your account before they become effective. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Terms by your continued use of the Services after the effective date listed in any such revised Terms.
We will not be liable for delays, failures in performance, or interruptions of the Services that result directly or indirectly from any cause or condition beyond our reasonable control, including significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, pandemic, outbreak of illness or disease, declaration of public health emergency, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
English Language. The parties have requested and agree that these Terms and all documents relating thereto be drawn up in English / Les parties ont demandé que cette convention ainsi que.
Last Updated October 2023
By visiting our website without changing your settings, you agree to receive all cookies and other data collection tools; however, if you do not accept the use of these cookies, you can change your cookie settings at any time by following the instructions below.
Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a certain webpage. Cookies are then sent back to the originating webpage on each subsequent visit, or to another webpage that recognizes that cookie. Cookies are widely used in order to make websites work, or to work more efficiently, as well as to provide information to the owners of the website.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. Cookies may tell us, for example, whether you have visited our website before or whether you are a new visitor.
There are two broad categories of cookies:
Cookies can remain on your computer or mobile device for different periods of time. Some cookies are session cookies, meaning that they are stored only temporarily during a browsing session and expire when you close your browser. Other cookies are persistent cookies, meaning that they are saved on your computer or mobile device for a fixed period and are not deleted when your browser is closed. They can be used by the Othersphere website to recognize your computer or mobile device when you open your browser and browse the Internet again.
The types of cookies used by us and our partners in connection with the sites can be classified into one of five categories, namely ‘cookies necessary for essential Othersphere purposes’, 'functionality cookies', and ‘performance and analytics cookies'. We have set out some further information about each category:
You have the right to accept or stop cookies from being stored on your device at any time by modifying the settings in your web browser to reflect your cookie preferences. Please be aware that you may not be able to use all the interactive features of the website and/or online courses and content once cookies are disabled.
Most browsers offer instructions on how to change your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.
If you only want to limit third party advertising cookies, you can turn such cookies off by visiting the following links:
Cookies are not the only way to recognize or track visitors to a website. Our partners and service providers may employ software technologies that help us manage our website to see what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We use clear gifs or pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We may tie the information gathered by clear gifs in emails to your Personal Information.
If you have disabled one or more Cookies, we may still use information collected from cookies prior to your disabled preference being set, however, we will stop using the disabled cookie to collect any further information.
If you have any questions or comments about this cookies policy, or privacy matters generally, please contact us via email at email@example.com.
Last Update October 2023
If you are a copyright owner or an agent thereof, and believe that any user submission or other Othersphere content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Our Copyright Agent available at firstname.lastname@example.org with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
Please reach out if you would like to learn more about Othersphere, our products, and opportunities to partner in accelerating global industrial decarbonization.