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Terms of Use

Last Modified: October 12, 2023

Jotson Inc. (“Jotson” or “we”) provide the platform located at https://jotson.com, and may provide services in other forms developed from time to time, including mobile applications (the “Platform”). We provide the Platform to Canadian energy consumers to deliver insights and recommendations regarding energy consumption, costs, providers, and associated carbon footprints.

ACCEPTANCE OF THE PLATFORM TERMS AND CONDITIONS OF USE

THROUGH CONTINUED USE OR VIEWERSHIP OF THE PLATFORM AND THE USE OF ITS PRODUCTS OR SERVICES, YOU (“YOU”, “USER”) AGREE TO BE BOUND BY THIS TERMS OF SERVICE (“AGREEMENT”) AND THE OBLIGATIONS AND REQUIREMENTS SET FORTH HEREIN.

The Agreement constitutes a legal contract entered between Jotson and User. The following terms and conditions, together with any documents and/or additional terms that are expressly incorporated by reference, govern your right to use the Platform and the conditions that may apply to your use of the Platform. If the Agreement or any terms of the Agreement are unacceptable to you, you must cease using the Platform immediately.

By using this Platform, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Jotson and meet all the foregoing eligibility requirements. Anyone under the age of 18 must be accompanied and monitored by an adult who has full responsibility for ensuring compliance with this Agreement. Use of the Platform is not recommended for anyone under the age of 14. If you do not meet all these requirements, you must not access or use the Platform.

If you are using the Platform on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

MODIFICATIONS TO THE AGREEMENT AND PLATFORM

Jotson reserves the right, in our sole discretion, to revise and update this Agreement and any aspect of the Platform from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review the terms of service to be aware of any such modifications and your continued use shall be your acceptance of these.

The website, assets, copy, information, and material on the Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to Users or unavailable at any time or for any period.

SAFE USE OF THE PLATFORM

The security of your personal information is important to us and we use various measures to secure your personal information from accidental loss and unauthorized use. However, the safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a User’s internet connection are aware and comply with this Agreement.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to Jotson. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

Your use of the Platform is contingent on your consent to our collection, use, and disclosure of your personal information, the details of which are included in our Privacy Policy, found at https://jotson.com/privacy-policy.

The Platform may from time to time contain links to third-party websites or resources. We do not endorse and are not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from such third-party services.

Your provision of registration information and any submissions you make to the Platform through any functionality including applications, authorizing us to access information through other information providers such as energy providers and related service providers like smart cards (“Information Providers”), and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy, found at https://jotson.com/privacy-policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

You are prohibited from attempting to circumvent and from violating the security of the Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to Users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Jotson’s owner’s ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service (DOS) attack, distributed denial-of- service (DDOS) attack, flooding, mailbombing, or crashing; (i) attempting to lure other Users off the Platform or using the Platform in connection with the distribution of unsolicited commercial messages; (j) copy, store or otherwise access or use any information, including personally identifiable information about any other user, contained on the Platform in any way that is inconsistent with our https://jotson.com/privacy-policy or this Agreement or that otherwise violates the privacy rights of users or third parties and (k) otherwise attempting to interfere with the proper working of the Platform or Platform.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Jotson, its licensors, or other providers of such material, and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

Jotson, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Jotson or its affiliates or licensors. You must not use such marks without the prior written permission of Jotson. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Platform are the trademarks of their respective owners. Use of any such intellectual property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Platform for your personal and non-commercial use unless you enter into a client agreement with Jotson. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, in any form or medium whatsoever; except your computer or browser may temporarily store or cache copies of materials being accessed and viewed and you may make temporary copies of information for your personal use.

Users are not permitted to modify copies of any materials from the Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials. You must not access or use for any commercial purposes any part of the Platform or materials made available through Jotson, unless you enter into a client agreement with Jotson.

If you print, copy, download, transmit or distribute any part of our Platform in breach of this Agreement, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials or content you have made. You have no right, title, or interest in or to the Platform or to any materials or content on the Platform, and all rights not expressly granted are reserved by Jotson. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

USER CONTENT

As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with this Agreement.

As a User, you will be prompted to input your personal and energy information into the Platform to access insights and recommendations regarding your energy consumption, costs, providers, and carbon footprint. The following content standards apply to any and all such submissions or other content a User submits or transmits to the Platform (collectively “User Content“) and any and all Interactive Functions. Any and all User Content must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.

In many instances, Users of the Platform will register. If registering, Users must register and operate on the Platform using their legal names and information. By registering for the Platform, you hereby warrant and undertake that the information you provide Jotson during the registration process or update after registration is accurate and up to date. If any User Content becomes inaccurate after submission, the User hereby agrees to update the User Content as soon as reasonably practical.

Without limiting the foregoing, you represent and warrant and agree that your use of the Platform and any User Content shall not involve, provide, or contribute any false, inaccurate, or misleading information. User Content shall not impersonate or attempt to impersonate any other person or entity, nor shall it in any manner violate the terms of use of any third-party website linked to the Platform.

You represent and warrant and agree that your User Content in relation to your current energy consumption, costs and provider is accurate and up to date. You acknowledge that the Platform’s services rely on your User Content to deliver insights and recommendations to you. Under no circumstance may Jotson be held liable for any incomplete or inaccurate User Content in this regard. You acknowledge that we have no obligation to monitor the access to or use of the Platform by any specific user or to review, disable access to, or edit any User Content, but have the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure your compliance with this Agreement; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; or (iv) as otherwise set forth in this Agreement.

SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION

Jotson has the right, without provision of notice to:

  • At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
  • Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of this Agreement.

YOU WAIVE AND HOLD HARMLESS JOTSON AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY JOTSON AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER JOTSON OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

NO RELIANCE

The content on the Platform is provided for general information purposes only. It is not intended to amount to professional advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Platform.

Although we make reasonable efforts to update the information on Jotson, we make no representations, warranties, or guarantees, whether express or implied, that the information on the Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk and neither Jotson nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Platform.

The Platform may include content provided by third parties. All statements and/or opinions expressed in any such third-party content, other than the content provided by Jotson, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Jotson. Jotson nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

We are not energy providers or marketers, and any insights and recommendations available on the Platform, including with regard to third-party providers, are provided for informational purposes only and are not endorsed, approved, or guaranteed by Jotson. You are solely responsible for conducting your own due diligence when choosing a third-party provider and its products and services. Any agreements, contracts or transactions entered into between you and such providers are solely between you and provider. Jotson disclaims all warranties, express or implied, regarding the services and products offered by third-party providers, including but not limited to warranties of accuracy, reliability, merchantability, fitness for a particular purpose, or non-infringement. In no event shall Jotson be liable for any damages, losses, or expenses arising from or related to the use of services or products provided by third- party providers, including but not limited to direct, indirect, incidental, consequential, or punitive damages.

PRIVACY

By submitting your personal information and using the Platform, you consent to the collection, use, reproduction, hosting, and transmission of personal information in accordance with our Privacy Policy, found at https://jotson.com/privacy-policy.

By using the Platform, you are consenting to the use of cookies which are placed for marketing purposes, to optimize performance and to increase load times of the site, by allowing a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately. For more information on these automated information gathering practices, see https://jotson.com/privacy-policy

THIRD-PARTY WEBSITES AND LINKS

For your convenience, Jotson may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from Jotson. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third- party sites.

GEOGRAPHIC RESTRICTIONS

The owner of the Platform is based in Alberta, Canada. We provide the Platform for use only by persons located in Canada. The Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR SERVICE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER JOTSON NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER JOTSON NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL- OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

LIMITATION ON LIABILITY

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL JOTSON NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Jotson, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Service or your use of the Platform, including, but not limited to, your User Content, third-party sites, any use of Jotson or Jotson’s content, services, and products other than as expressly authorized in these Terms and Conditions.

GOVERNING LAW AND CHOICE OF FORUM

The Platform and this Agreement will be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule. Any action or proceeding arising out of or relating to the Platform and under this Agreement will be instituted in the courts of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

WAIVER

Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

SEVERABILITY

If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENTIRE AGREEMENT

This Agreement, our Privacy Policy, and any service agreement we may enter into directly with you constitute the sole and entire agreement between you and Jotson regarding the use and access of the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

REPORTING AND CONTACT

This Platform is operated by Jotson Inc. of 2323 Osborne Cres SW, Calgary, AB, T2T 0Y7.

If you believe that someone is, through the use of our Platform, unlawfully infringing the copyright(s) in a work belonging to you or someone else, and you wish to have the allegedly infringing material removed, please email us detailed information setting out your claim at info@jotson.com.

Should you become aware of misuse of the Platform including libelous or defamatory conduct, you must report it to Jotson at info@jotson.com. All other feedback, comments, requests for technical support, and other communications relating to the Platform should also be directed to info@jotson.com .