FIREFRINGE APPLICATION TERMS OF USE

Updated: May 5, 2020

Welcome to the FireFringe Application (the "FireFringe Application"). The services within the FireFringe Application are made available to You on Your smart phone, tablet or computer ("Device") by FireFringe Inc. ("FireFringe", "We", "Us", "Our"). In order to use the FireFringe Application, You must agree to the terms and conditions of use (the "Terms of Use") contained herein, the privacy policy ("Privacy Policy") https://firefringe.com/privacy-policy and any other policies or guidelines posted on the FireFringe Application. The Terms of Use incorporate the Privacy Policy and any other policies or guidelines posted on the FireFringe Application or within it.

BY USING AND ACCESSING THE FIREFRINGE APPLICATION, YOU ACCEPT, WITHOUT LIMITATION, ALL OF THE TERMS OF USE AS INDICATED HEREIN.

We reserve the right to modify, amend, alter or replace ("Change") the Terms of Use at any time and at Our sole discretion. Any Changes made to the Terms of Use will be effective upon posting to the FireFringe Application. Your use of the FireFringe Application will be subject to the then current version of the Terms of Use and any other policy or guideline posted or referenced in the FireFringe Application at the time of such use. It is Your responsibility to periodically check the Terms of Use for such Changes.

YOUR CONTINUED USE OF THE FIREFRINGE APPLICATION FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THE CHANGES, YOU ARE REQUIRED TO IMMEDIATELY DISCONTINUE USE OF THE FIREFRINGE APPLICATION.

1. PURPOSE OF THE FIREFRINGE APPLICATION

The FireFringe Application includes the FireFringe Mobile App (the "Mobile App") and the FireFringe Platform (the "Platform", together, the "Products"). There are substantive differences between the Products as described below. All products offered through FireFringe are covered by these Terms of Use. We reserve the right to add or remove platforms, applications or other services and products offered, at Our sole discretion.

The FireFringe Application is intended for informational purposes only. The FireFringe Application indicates where fires have been detected through the analysis of satellite data. The purpose of the FireFringe Application is to provide early indicators of forest and other fires to enhance early and effective fire suppressive efforts (the "Purpose"). The FireFringe Application detects fires from the analysis of satellite data. This FireFringe Application is operated:

  • to allow You to view fires detected by the analysis of satellite data;
  • to allow You to purchase services and products which may be offered through the FireFringe Application including a subscription for automatic notifications of detected fires in specific geographic regions based on the analysis of satellite data ("Purchased Scenes"); and
  • to provide notifications to You as may be available when fires are detected in Purchased Scenes.

The Mobile App:

The Mobile App shows fires detected by the analysis of satellite data layered on a topographic map which may be derived from multiple sources. Detected fires are indicated on the map with a red radius. Please see "Understanding the Purposes" below for more information.

The Platform:

The Platform shows fires detected by the analysis of satellite data layered on a topographic map which may be derived from multiple sources. Detected fires are indicated on the map with a red radius. The topographic map is detailed to reflect (a) specific features of the land; (b) a terrain layer; (c) where available, direct satellite imagery when zoomed in; and (d) an enhanced fuel layer reflecting hardwood and softwood for the purpose of analyzing fuel burn potential of a detected fire. In addition to detecting the fires, the Platform provides detailed information on the detected fires including (a) the fire perimeter (i.e., fringe); (b) hotspots within the fire; and (c) the intensity of the fire as reflected in the burned material. Please see "Understanding the Purposes" below for more information.

Understanding the Purposes:

Detected Fires:

There may be fires that the analysis of satellite data does not detect. Similarly, some of the fires detected may not be actual fires. For example, bursts of heat may create false positives.

Positional Accuracy:

The analysis of the satellite data has different positional accuracies based on the outcome of the analysis. The FireFringe Application provides positional accuracy somewhere within a 1 km area or less. The radius of the position is indicated in red on the FireFringe Application map. It is important to note that the red indicator may not indicate the exact location of the fire.

WARNING:

THE FireFringe Application IS NOT INTENDED TO BE LIFESAVING DEVICE. We cannot guarantee that all fires will be correctly detected or that some detected fires are present on the ground. Always rely on Your local officials and follow their safety guidelines in the event of a fire.

2. REGISTRATION

In order for You to use the FireFringe Application, You must register an account by providing Us with accurate and complete registration information. It is Your responsibility to inform Us of any changes to that information by contacting Us at support@firefringe.com. In order to purchase products and services which may be offered through the FireFringe Application, You must supply valid payment information. Please be advised that payments are processed through a third party vendor.

To learn more about how Your information is used, please see Our Privacy Policy https://firefringe.com/privacy-policy. We reserve the right to refuse, suspend or terminate Your access to the FireFringe Application in Our sole discretion at any time.

3. OWNERSHIP AND COPYRIGHT OF FIREFRINGE APPLICATION CONTENT, TRADE-MARKS AND DOMAIN NAMES

All materials used or displayed on Our FireFringe Application, including text, graphics, logos, icons, pictures, illustrations, artwork, audio or video clips, underlying HTML, software codes, meta-tags as well as the collection, arrangement, and assembly of such materials ("FireFringe Application Content"), are:

  1. owned or used under license by Us; and
  2. protected by copyright, trade-mark and applicable laws.

You are hereby authorized to display and to use FireFringe Application Content on Your Device solely for the Purposes identified above. Without limiting the generality of the foregoing, You shall not:

  1. modify, sell, reproduce, distribute, retransmit, publish, display, prepare derivative works based on, re-post or otherwise use any of the FireFringe Application Content or underlying ownership rights or copyrights for commercial purposes without Our prior written consent; or
  2. remove or alter any visible or non-visible identification, marks, notices, or disclaimers.

Certain content of this FireFringe Application, including, but not limited to, text, graphics, logos, trade-marks, icons, and photographs, are owned or provided by third parties ("Third Party Content"). Each third party retains all proprietary rights, title and interest, including copyright, in their respective Third Party Content. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display or prepare derivative works based on, re-post, or otherwise use, any of the Third Party Content without the prior written consent of such third parties.

Your use of the FireFringe Application and the FireFringe Application Content should not be construed as granting, by implication or otherwise, any license to use the FireFringe Application Content or Third Party Content, other than as provided herein.

You are permitted to link to the FireFringe Application for informational purposes only. If linking to the FireFringe Application, You may not indicate any partnership or other relationship between Us and You without Our prior written consent. You may not use any metatags or any other "hidden text" utilizing the Our name or the name of any of Our applications, platforms or services. You may not use any of Our trade-marks or third party trade-marks without Our prior written consent or the consent of the third party owner.

4. USE OF FIREFRINGE APPLICATION

You agree that Your use of the FireFringe Application is at Your own risk. Under no circumstances will We be liable in any way to You for any use of the FireFringe Application, including but not limited to direct, indirect, incidental, special, consequential, punitive or exemplary, claims, losses, expenses, debts or damages of any nature whatsoever or other losses or damages of whatsoever kind arising out of access to or use of the FireFringe Application.

You agree that You shall use the FireFringe Application only for lawful purposes and that You shall not allow others to use the FireFringe Application or let others view the content of the FireFringe Application. Without limiting the generality of the foregoing, You will not use the FireFringe Application to:

  1. download, email, post, make available, provide access, or otherwise transmit to the FireFringe Application any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, hateful, or racially, ethnically or otherwise objectionable, including any materials which encourage conduct that would constitute a criminal offence or give rise to civil liability, infringe other’s intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable local, provincial, national or international law;
  2. upload, e-mail, post, make available, provide access, or otherwise transmit to the FireFringe Application any material that contains software viruses, worms, "Trojan Horses", or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of the computer software or hardware or telecommunications equipment;
  3. interfere with or disrupt the FireFringe Application or networks connected to the FireFringe Application, including attempting to interfere with the access of or any other use of the host or network, including without limitation, overloading, engaging in "denial of service" attacks, "spamming" or "crashing" the FireFringe Application or disobeying any requirements, procedures, policies or regulations of networks connected to the FireFringe Application;
  4. use the FireFringe Application for any purpose other than the Purposes defined above, without Our prior written consent; or
  5. modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the FireFringe Application.

You agree not to access the FireFringe Application from any territory where its use or content is illegal. You agree that We are not responsible for compliance with any foreign laws that may be applicable to the FireFringe Application or Your use of the FireFringe Application.

You agree that Your user name and password to access the FireFringe Application are confidential. You agree to preserve the confidentiality of this information at all times.

Without limiting the forgoing, You agree that We have the right, in their sole discretion, to remove, correct, adapt, modify, or exchange any communications posted, uploaded or submitted to the FireFringe Application.

You hereby agree to release Us, Our affiliates and Our respective directors, officers, shareholders, employees, agents, representatives, contractors, consultants and advisors from any and all liability whatsoever or arising from Your use of the FireFringe Application.

You agree that if You are unhappy with the FireFringe Application, Your sole remedy is to cease using the FireFringe Application.

5. FIREFRINGE APPLICATION PRIVACY POLICY

Please review the FireFringe Application privacy policy ("Privacy Policy") https://firefringe.com/privacy-policy governing the collection, use, storage and disclosure of Your personal information. The Privacy Policy is hereby incorporated into these Terms of Use and forms part of the Terms of Use. By agreeing to the Terms of Use, You agree to be bound by the Privacy Policy and You also agree that the terms of the Privacy Policy are reasonable. The Privacy Policy may be Changed by Us from time to time, in Our sole discretion, and Your continued use of the FireFringe Application after such Changes will constitute Your acceptance of such Changes to the Privacy Policy. It is Your responsibility to periodically check for any updates to the Privacy Policy.

6. MODIFICATIONS TO THE FIREFRINGE APPLICATION

We reserve the right at any time or from time to time to modify or discontinue, temporarily or permanently, any part of the FireFringe Application, or the FireFringe Application in its entirety, and to restrict or prohibit access to it, with or without notice to You. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the FireFringe Application. We reserve the right, in Our sole discretion, to correct any errors or omissions in any portion of the FireFringe Application at any time without notice, but confirm that We have no obligation to do so.

7. HYPERLINKS

The FireFringe Application may contain hyperlinks to websites operated by third parties. These hyperlinks do not imply any endorsement by Us of or any affiliation with the hyperlinked website. You acknowledge and agree that We are not responsible for the availability of such third party websites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to, included on, or linked from or to the FireFringe Application. Your access and use of such third party sites, including any information, content, material, products and services available therein or thereat, is solely at Your own risk. You further acknowledge and agree that We accept no liability for any direct, indirect, incidental, special, consequential, punitive or exemplary, claims, losses, expenses, debts or damages of any nature whatsoever or other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information, content, materials, products or services available therein or thereat or any reliance on any such content, goods or services available on or through any such linked website.

You also understand and agree that the Privacy Policy is applicable to personal information which has been either collected, used or disclosed in conjunction with the FireFringe Application. If You are linked to another website or application, You should read the applicable terms of use and privacy statement of that website or application before using such website or application and disclosing any personal information.

8. DISCLAIMER

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE FIREFRINGE APPLICATION, THE FIREFRINGE APPLICATION CONTENT AND THIRD PARTY CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED REPRESENTATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR USE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE FIREFRINGE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS WE MAKE, AND THERE ARE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE FIREFRINGE APPLICATION, THE FIREFRINGE APPLICATION CONTENT OR THE THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE FIREFRINGE APPLICATION, AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATION, WARRANTY OR CONDITION AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE FIREFRINGE APPLICATION CONTENT OR THE THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE FIREFRINGE APPLICATION FOR ANY PURPOSE WHATSOEVER. FURTHERMORE, WE DO NOT MAKE, AND THERE ARE, NO REPRESENTATIONS, WARRANTIES OR CONDITIONS:

  1. THAT THE FIREFRINGE APPLICATION WILL MEET YOUR REQUIREMENTS;
  2. THAT THE FIREFRINGE APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  3. CONCERNING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FIREFRINGE APPLICATION; OR
  4. THAT THE FIREFRINGE APPLICATION CONTENT OR THE THIRD PARTY CONTENT OBTAINED BY YOU THROUGH THE FIREFRINGE APPLICATION WILL MEET YOUR EXPECTATIONS.

ANY FIREFRINGE APPLICATION CONTENT OR THIRD PARTY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FIREFRINGE APPLICATION IS DONE AND USED AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE USE OF THE FIREFRINGE APPLICATION CONTENT OR THIRD PARTY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE FIREFRINGE APPLICATION SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.

CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS PROVIDED FOR IN THESE TERMS OF USE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.

9. EXCLUSION OF LIABILITY

IN NO EVENT, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY OR UNDER ANY OTHER THEORY OF LIABILITY WHATSOEVER, WILL WE, OUR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, CONSULTANTS AND ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY NATURE WHATSOEVER OR FOR DAMAGES CHARACTERIZED AS LOSS OF PROFITS, LOSS OF INCOME, LOSS OF REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION OR FAILURE TO REALIZE UNEXPECTED SAVINGS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

FOR GREATER CERTAINTY, THE DAMAGES THAT ARE EXCLUDED UNDER THE FIRST PARAGRAPH OF THIS SECTION INCLUDE BUT ARE NOT LIMITED TO, DAMAGES RESULTING FROM:

  1. YOUR ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE FIREFRINGE APPLICATION, THE FIREFRINGE APPLICATION CONTENT OR ANY THIRD PARTY CONTENT OR ANY WEBSITE WHICH YOU ACCESS FROM THE FIREFRINGE APPLICATION;
  2. ANY THIRD PARTY CLAIMS THAT THE ACCESS OR USE BY YOU OF THE FIREFRINGE APPLICATION, THE FIREFRINGE APPLICATION CONTENT OR THE THIRD PARTY CONTENT VIOLATES ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHT;
  3. ANY FAILURE OF PERFORMANCE OF THE FIREFRINGE APPLICATION, THE FIREFRINGE APPLICATION CONTENT OR ANY THIRD PARTY CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSIONS, COMPUTER VIRUSES OR LINE FAILURE, OR ANY OTHER OPERATIONAL ISSUE; OR
  4. ANY OTHER MATTERS RELATING TO THE FIREFRINGE APPLICATION, THE FIREFRINGE APPLICATION CONTENT OR THE THIRD PARTY CONTENT.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. INDEMNITY AND DISCHARGE

You agree to indemnify and hold harmless Us, Our affiliates and subsidiaries and their respective officers, directors, shareholders, employees, agents, representatives, contractors, consultants and advisors from and against any claims, losses, judgements, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from Your use of the FireFringe Application, the FireFringe Application Content or the Third Party Content or Your violation of these Terms of Use. You will assist and co-operate as fully as reasonably required by the foregoing parties in the defense of any such claim and demand.

11. APPLICABLE LAW

These Terms of Use are governed by the laws of the Province of Ontario and the applicable federal laws of Canada. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute that arises from these Terms of Use and You attorn to the exclusive jurisdiction of the courts of the Province of Ontario.

12. ENTIRE AGREEMENT

These Terms of Use, including the Privacy Policy and any other policies or guidelines posted on the FireFringe Application, constitute the entire agreement between You and Us (the "Parties") relating to the use of the FireFringe Application and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding the use of the FireFringe Application, FireFringe Application Content or Third Party Content.

13. ASSIGNMENT

You may not assign or otherwise transfer Your rights, duties or obligations hereunder.

14. SEVERABILITY

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

15. NO WAIVER

We will not be considered to have waived any of Our rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Us against whom such waiver is invoked. No delay or omission by Us in exercising Our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver for Our right to subsequently enforce such provision or any other provisions of these Terms of Use.

16. TERMINATION

These Terms of Use are effective until terminated or replaced by Us, with or without cause, in Our sole and exclusive discretion. We may refuse to grant You access to the FireFringe Application if You fail to comply with any of the Terms of Use. We also reserve the right to terminate or suspend Your use of the FireFringe Application or any portion thereof at any time, for any reason, with or without cause. Any such termination by Us shall be in addition to and without prejudice to such rights or remedies as may be available to Us, including injunction and other civil or equitable remedies of relief. If these Terms of Use or Your permission to use this FireFringe Application are terminated for any reason, then (a) these Terms of Use will nevertheless continue to apply and be binding upon You in respect to Your prior use of this FireFringe Application and anything connected with, relating to or arising from that use; and (b) We may continue to use and disclose Your personal information in accordance with Our Privacy Policy, as amended from time to time.

Sections 3, 5, 7, 9 – 15, 17 and 18 of these Terms of Use shall survive the termination or expiry of the Terms of Use.

17. RIGHTS

All rights not expressly granted herein are reserved.

18. INTERPRETATION

In the Terms of Use, unless something in the subject matter or context is inconsistent therewith or unless otherwise herein provided:

  1. a reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced;
  2. the term "provision" includes terms, conditions, covenants, agreements, representations, warranties and other provisions;
  3. words or abbreviations that have well known technical, industry or trade meanings are used herein in accordance with their recognized meanings;
  4. the terms "herein", "hereunder" and similar expressions refer to these Terms of Use and not to any particular section or other portion hereof;
  5. where the word "including" or "includes" is used in these Terms of Use, it means "including (or includes) without limitation"; and
  6. words importing the singular include the plural and vice versa and words importing gender include all genders.

19. CONTACT

Questions, comments or any violations reports should be sent by email to support@firefringe.com