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Ecopia Platform Terms of Use

ECOPIA PLATFORM TERMS OF USE

Version 2025-05-26

Introduction

This website platform.ecopiatech.com (the “Ecopia Platform”) is operated by Ecopia Tech Corporation (“Ecopia”), an Ontario corporation with offices located at Suite 440, 101 College Street, Toronto, ON, M5G 1L7. The Ecopia Platform is made available to you (the “End User”) subject to your compliance with these terms of use (the “Platform Terms of Use”). ‍If you are entering to these Platform Terms of Use on behalf of a company, government agency, or other legal entity, then you represent and warrant that you have the authority to bind that entity to these Platform Terms of Use, and the term “End User” in these Platform Terms of Use refers to that entity. These Platform Terms of Use apply to your access to, and use of, the Ecopia Platform, and the datasets made available through the Ecopia Platform.

By accessing or using the Ecopia Platform, you acknowledge that you have read, understood, and agreed to these Platform Terms of Use. If you do not agree to be bound by these Platform Terms of Use, do not access or use the Ecopia Platform. Ecopia may modify these Platform Terms of Use at any time and without notice, therefore, you should review these Platform Terms of Use regularly.

Other Terms

Additional terms may also apply to specific portions, services or features of the Ecopia Platform, such as the Website Terms of Use and the Privacy Policy (“Additional Terms”). All Additional Terms are incorporated by this reference into these Platform Terms of Use. If a license to any Ecopia Products is purchased from the Ecopia Platform, the applicable End User License Agreement or Distributor License Agreement will apply.

Evaluation License

The Ecopia Platform is a self-service web portal through which you may purchase a license to Ecopia data products (the “Ecopia Products”). The Ecopia Platform also provides view-only access to background imagery for use in viewing the Ecopia Products (the “Background Imagery”).

Subject to compliance with these Platform Terms of Use, and the Additional Terms, Ecopia grants to End User a temporary, non-exclusive, non-transferable, non-sublicensable, revocable, limited license solely to view the Ecopia Products and the Background Imagery (the “Sample Datasets”) made available through the Ecopia Platform solely for evaluation purposes.

The End User shall not use the Sample Datasets for commercial purposes or attempt to share or distribute the Sample Datasets to any third party. The End User shall not attempt to reverse-engineer the Sample Datasets or use the Sample Datasets for the purpose of developing, training, testing, or validating any machine learning or artificial intelligence technologies. The End User shall not remove, bypass or circumvent any electronic or other forms of protection included on or with the Ecopia Platform, and shall not attempt to scrape, crawl, or otherwise collect, copy, extract, download, or store any portion of the Sample Datasets, whether manually or through automated means. The End User shall not use the Sample Datasets for the purpose of recreating similar data or for improving the accuracy of similar data.

User Registration

When accessing the Ecopia Platform, you may be asked to provide certain registration details or other information to access your account. All the information you provide must be correct, current and complete and will be subject to our Privacy Policy. If you choose, or are provided with, any piece of information (such as username or password) as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person. You shall notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.‍ If you choose to purchase a license to Ecopia data products, you will be redirected to a third party service that handles financial information.

User-Uploaded Data

The Ecopia Platform may offer users the ability to upload data to a data store (the “Data Store”) for the purposes of purchasing a license to Ecopia data products (e.g., source imagery, an area-of-interest boundary file). If you upload any data to the Data Store, you agree to upload only data for the purpose of purchasing a license to Ecopia data products. You agree not to upload any data to the Data Store that you do not have the legal right to use or reproduce. You agree not to upload personal identifying information, financial information, or other sensitive information to the Data Store, or any malicious files or code. Ecopia reserves the right to remove any data uploaded by you to the Data Store at any time, for any reason, without warning, with no compensation to you. Ecopia is not liable for the loss of any data uploaded to the Data Store.

If you upload source imagery to the Data Store, you represent and warrants that you have the necessary rights in the imagery to do so, and further have the necessary rights to permit Ecopia to extract the desired Ecopia data products from the source imagery, to be licensed back to you under the terms of the applicable End User License Agreement (and/or Distributor License Agreement, if applicable). You agree to indemnify Ecopia from and against any claims, damages, liabilities, costs and expenses in case of any actual or alleged infringement of any intellectual property rights related to source imagery you upload to the Data Store.

Intellectual Property

All right, title and interest, including all intellectual property rights, in and to the Sample Datasets, and all technologies used or advanced in the creation of the Sample Datasets, are the sole and exclusive property of Ecopia or its licensors, as applicable. All rights not expressly granted to End User in these Platform Terms of Use are reserved by Ecopia.

Quality Assurance

The Ecopia Platform may offer users the ability to conduct quality assurance and provide feedback on the Ecopia data products. If you use the quality assurance functionality provided through the Ecopia Platform, you agree not to copy, reproduce, or download the backdrop imagery (unless you have the legal right to do so). If you provide any feedback, comments, suggestions, reports of defects, suggestions for modifications, or other similar information you provide to Ecopia about or in connection with the Ecopia data products or services (“Feedback”), then Ecopia will have to right to use or otherwise exploit the Feedback for any purpose, without compensation to you and without any restriction or obligation to you.

Product Specifications

The Ecopia Platform may provide information on the technical specifications of Ecopia data products (“Product Specifications”). Such Product Specifications constitute the confidential information of Ecopia. You agree to maintain such confidential information in confidence, not to publish or disclose such confidential information to any third party, and you agree not to use such confidential information for any purpose other than evaluation of the Ecopia data products.

Invoicing

Licensed purchased through the Ecopia Platform are subject to Ecopia’s standard invoicing terms.  Cheques may not be accepted as a form of payment or may be subject to an additional processing fee of 2.5%. The fees are payable in USD unless otherwise specified, exclusive of any applicable tax. As per Canadian Revenue Agency Bulletin B-090, this work is classified as a “zero-rated service” and is relieved of Canadian Federal Sales Tax under the export provisions of the Act as Customer is a Non-Resident of Canada and a Non-Registrant for the purposes of Canadian Harmonized Sales Tax. All past due amounts will accrue interest at the lower rate of: (a) 1.5% per month; or (b) the highest rate permissible under applicable law, whichever is lower.

Disclaimer

The Sample Datasets are provided “as is”, and Ecopia disclaims all representations, warranties, obligations, and liabilities, whether express, implied, or statutory, to the maximum extent permitted by law. Ecopia expressly disclaims any warranty of merchantability, fitness for a particular purpose, any warranty regarding quantity, quality, accuracy, completeness, reliability, timeliness or continued availability of the sample datasets. To the maximum extent permitted by applicable law, Ecopia assumes no liability or responsibility for any personal injury or property damage resulting from your access to and use of the Sample Dataset; any errors or omissions in the Sample Dataset,  or any loss or damage incurred as a result of the use of, or inability to use, the Sample Datasets. Ecopia will not under any circumstances be held liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by use of the Sample Datasets.