Terms of Service

‍1. BINDING ACCEPTANCE OF TERMS

By accessing, utilizing, or engaging with this website, associated applications, and all related services (collectively defined as the "Platform") provided by Renergy Technologies Inc. ("Company," "we," "our," or "us"), registered at 100 University Avenue, Toronto, ON, M5J 1V6, Canada, you acknowledge complete comprehension of and unconditional agreement to these Terms of Service ("Terms"). Such agreement constitutes a legally enforceable contract between you, whether as an individual or representing an entity, and the Company.

ACCESSING OR UTILIZING THE PLATFORM IN ANY MANNER WHATSOEVER CONSTITUTES IRREVOCABLE ACCEPTANCE OF THESE TERMS. SHOULD YOU REJECT ANY PROVISION HEREIN, YOU ARE EXPRESSLY FORBIDDEN FROM ACCESSING OR UTILIZING THE PLATFORM AND MUST TERMINATE ALL USE IMMEDIATELY.

The Company reserves the unilateral right to modify, amend, or otherwise alter these Terms at any time without specific notification. Continued utilization of the Platform following any such modification constitutes irrefutable evidence of your acceptance of the revised Terms. It remains your sole responsibility to periodically review these Terms to ensure awareness of current provisions. These Terms supersede any prior agreements and represent the complete understanding between you and the Company regarding the Platform.

The Platform is not designed for utilization in jurisdictions where such operation would contravene applicable laws or regulations. Individuals accessing the Platform from locations outside Canada do so at their own volition and bear exclusive responsibility for compliance with all applicable local, provincial, national, and international laws and regulations.

The Platform is expressly not configured to comply with specialized regulatory frameworks including but not limited to health information privacy statutes, financial data protection legislation, or government information security protocols. Platform utilization that would subject any data to such regulatory requirements is strictly prohibited. The Platform may not be employed in any manner that would violate financial privacy protection statutes or similar regulatory frameworks.

Access to and utilization of the Platform is restricted to individuals who have attained the age of majority in their jurisdiction of residence, with a minimum age requirement of 18 years. Individuals below this threshold are expressly prohibited from accessing, registering for, or utilizing the Platform in any capacity.

2. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY

All elements comprising the Platform, including without limitation all source code, databases, functionality, software architecture, user interfaces, visual design elements, audio components, textual content, graphical assets, photographic materials, and all other elements (collectively, the "Content"), together with all trademarks, service marks, logos, and brand identifiers (the "Marks") are the exclusive property of the Company or its licensors. All such Content and Marks are comprehensively protected under Canadian copyright laws, trademark statutes, intellectual property regulations, and applicable international treaties and conventions governing intellectual property rights.

The Content and Marks are provided on the Platform on an "AS IS" basis exclusively for your personal information and individual use. No implied warranties or representations regarding the Content or Marks are made. Except as explicitly permitted within these Terms, you are strictly prohibited from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, decompiling, reverse engineering, creating derivative works from, or otherwise exploiting any portion of the Platform, Content, or Marks for any commercial purpose whatsoever, absent express prior written authorization from the Company.

Subject to your eligibility to utilize the Platform under these Terms, you are granted a limited, non-exclusive, non-transferable, revocable license to access the Platform and to download or print singular copies of discrete portions of Content solely for your personal, non-commercial purposes. This limited license is subject to immediate revocation upon any violation of these Terms. The Company explicitly reserves all rights not expressly granted herein regarding the Platform, Content, and Marks. Nothing contained in these Terms shall be construed as conferring any license or right under any patent, copyright, or trademark of the Company or any third party by implication, estoppel, or otherwise.

3. USER REPRESENTATIONS, RESPONSIBILITIES AND WARRANTIES

By accessing or utilizing the Platform, you unequivocally represent and warrant that: (1) you possess the requisite legal capacity and authority to be bound by these Terms; (2) you have attained the age of majority in your jurisdiction of residence; (3) you shall access the Platform exclusively through direct human interaction and not via automated means, scripts, bots, crawlers, data harvesting tools, or any other programmatic methods; (4) you shall not employ the Platform for any unlawful, unauthorized, or prohibited purpose; and (5) your utilization of the Platform shall at all times remain in strict compliance with all applicable local, provincial, federal, and international laws, statutes, regulations, and treaties.

The provision of any information that is false, inaccurate, outdated, incomplete, or misleading constitutes a material breach of these Terms. Upon discovery of such breach, the Company reserves the absolute right to immediately suspend or terminate your access, reject any ongoing transactions, and refuse any and all current or future utilization of the Platform or any component thereof, with or without prior notification, and without incurring any liability whatsoever to you or any third party.

You acknowledge and affirm that all information, data, and materials submitted to or through the Platform are accurate, current, complete, and true in all respects. You further acknowledge that you shall bear sole responsibility for maintaining the confidentiality of your account credentials, and that you shall be exclusively liable for all activities occurring under your account. You hereby agree to immediately notify the Company of any unauthorized use of your account or any other breach of security of which you become aware. The Company expressly disclaims any and all liability for losses or damages arising from your failure to comply with this security obligation.

Your continued access to and utilization of the Platform constitutes ongoing affirmation of your compliance with these representations and warranties. Any violation thereof shall constitute grounds for immediate termination of your access privileges without prior notice or liability.

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Installation and Equipment Responsibilities

If you have purchased or received temperature monitoring equipment from Renergy Technologies Inc., you acknowledge and agree that:

1. You are responsible for proper installation of all equipment according to our provided instructions unless installation services were purchased separately;
2. You will maintain all equipment in good working condition and notify us promptly of any malfunctions;
3. You will provide adequate power supply, internet connectivity, and environmental conditions necessary for proper equipment operation;
4. You will not tamper with, modify, or attempt to repair any equipment without our express written approval;
5. You will allow Renergy Technologies Inc. personnel reasonable access to equipment for maintenance, updates, or inspections when necessary; and
6. You will use the equipment only for its intended purpose of temperature monitoring within the specified operating parameters.

Data Responsibilities

With respect to data collected and processed through our Platform, you acknowledge and agree that:

1. You are responsible for the accuracy and quality of the data you input into the Platform;
2. You will not upload any data that contains viruses, malware, or other harmful computer code;
3. You will not upload any data that violates the privacy rights, intellectual property rights, or other rights of any third party;
4. You are responsible for establishing appropriate alert thresholds and monitoring parameters for your specific needs;
5. You will regularly verify the proper functioning of the monitoring system through appropriate quality control measures; and
6. You will implement backup monitoring systems for any critical operations where temperature control is essential.

Compliance with Laws

You agree to comply with all applicable local, provincial, national, and international laws and regulations relating to your use of the Platform and Services. This includes but is not limited to data protection laws, privacy laws, employment laws, and industry-specific regulations that may govern your collection and use of temperature data.

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4. PAYMENT TERMS AND FINANCIAL OBLIGATIONS

The Company accepts the following payment methods for services rendered through the Platform: credit card transactions, electronic funds transfers, and direct bank deposits. All payments must be remitted in Canadian Dollars unless otherwise specified.

For access to certain features, functionalities, or services within the Platform, you may be required to purchase subscriptions or pay designated fees as established by the Company. You hereby covenant to provide current, complete, and accurate billing and account information for all purchases executed via the Platform. You further covenant to promptly update all such information, including but not limited to email addresses, payment methods, and payment card expiration dates, to facilitate transaction completion and necessary communications.

Financial transactions shall be processed through the Company's designated secure payment processing system. All applicable taxes, including but not limited to sales tax, value-added tax, goods and services tax, and harmonized sales tax, shall be automatically calculated and added to the purchase price as mandated by relevant tax authorities. The Company reserves the unilateral right to modify pricing structures at any time without prior notification. Such modifications shall become effective immediately upon implementation.

By initiating a purchase, you explicitly authorize the Company to charge your selected payment method for the full amount due. For subscription-based services entailing recurring charges, you hereby grant continuing authorization for the Company to charge your designated payment method on a recurring basis according to the subscription terms, without requiring explicit approval for each individual charge, until such time as you formally notify the Company of cancellation or termination.

The Company reserves the right to correct any pricing errors, calculation discrepancies, or billing mistakes, irrespective of whether payment has been processed or confirmation has been issued. The Company further reserves the absolute right to refuse any transaction or order placed through the Platform, at its sole discretion, without explanation or liability.

You may cancel subscription services at any time by accessing your account settings within the Platform or by directly contacting our customer service department at tos@renergytech.com. Cancellation requests shall become effective at the conclusion of the current billing cycle. The Company does not provide prorated refunds for partial billing periods unless expressly required by applicable law.

5. PROHIBITED ACTIVITIES AND USAGE RESTRICTIONS

You are strictly prohibited from utilizing the Platform for any purpose other than those explicitly authorized by the Company. The Platform shall not be employed in connection with any commercial ventures, entrepreneurial activities, or business operations except those specifically sanctioned or approved in writing by the Company.

As a user of the Platform, you are categorically forbidden from engaging in the following activities:

• Systematic extraction, collection, compilation, or harvesting of data, metadata, or content from the Platform for the purpose of creating databases, directories, or compilations without explicit written authorization from the Company.

• Employing deceptive practices, fraudulent methods, or misleading tactics against the Company or other users, particularly in attempts to obtain sensitive information, authentication credentials, or account access.

• Circumventing, disabling, bypassing, removing, deactivating, or otherwise interfering with any security mechanisms, access control systems, technological protection measures, or usage limitations implemented within the Platform.

• Engaging in any conduct that, in the Company's sole determination, causes harm, damage, or reputational injury to the Company, its affiliates, or the Platform.

• Utilizing information obtained through the Platform to harass, intimidate, threaten, or otherwise cause distress to any individual or entity.

• Submitting erroneous, falsified, or malicious reports to the Company's support services or customer assistance channels.

• Utilizing the Platform in any manner that contravenes applicable laws, regulations, statutes, or judicial orders.

• Unauthorized framing, embedding, or linking to the Platform or any of its content.

• Uploading, transmitting, or attempting to upload or transmit any malicious code, malware, viruses, Trojan horses, worms, or other harmful material that may interfere with the Platform's functionality or other users' experience.

• Employing automated systems, scripts, bots, crawlers, or similar automated technologies to access, navigate, or interact with the Platform.

• Removing, altering, or obscuring any copyright notices, proprietary legends, or attribution statements from any content accessed through the Platform.

• Impersonating another user or person, or utilizing another user's account or credentials without explicit authorization.

• Implementing or deploying any passive or active information collection mechanisms, tracking technologies, or surveillance methods on or through the Platform.

• Creating excessive load, burden, or disruption to the Platform's infrastructure, networks, or services.

• Harassing, threatening, or intimidating any Company personnel, representatives, or contractors.

• Attempting to bypass or circumvent any access restrictions or security measures implemented within the Platform.

• Decompiling, disassembling, reverse engineering, or otherwise analyzing the Platform's underlying code or technological components.

• Utilizing the Platform in an attempt to compete with the Company or for any unauthorized revenue-generating purposes.

Any violation of these prohibitions constitutes a material breach of these Terms and may result in immediate termination of your access privileges, potential legal action, and other remedies available under applicable law.

6. LICENSING AND INTELLECTUAL PROPERTY RIGHTS

By submitting any feedback, suggestions, ideas, or recommendations regarding the Platform ("Submissions"), you hereby irrevocably acknowledge and agree that such Submissions are deemed non-confidential and shall automatically become the exclusive property of the Company without any obligation of compensation, attribution, or acknowledgment. The Company shall own all worldwide rights, title, and interest in and to such Submissions, including all associated intellectual property rights, and shall be entitled to the unrestricted use, reproduction, modification, adaptation, publication, translation, creation of derivative works, distribution, and display of such Submissions for any lawful commercial or non-commercial purpose whatsoever.

You hereby expressly waive all moral rights, rights of attribution, and rights of integrity in connection with any Submissions provided to the Company. You further warrant and represent that any Submissions are original works created by you or that you possess all necessary rights to submit such Submissions and grant the Company the rights described herein. You hereby agree to defend, indemnify, and hold harmless the Company from any claims arising from alleged infringement of third-party rights related to your Submissions.

While you retain full ownership of all User Contributions you submit to the Platform, by posting such User Contributions, you automatically grant to the Company a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, perform, adapt, modify, and otherwise fully exploit the User Contributions in connection with the Platform and the Company's business operations, including without limitation for promoting, redistributing, and marketing the Platform in any media formats and through any media channels now known or hereafter developed. This license includes the right to make your User Contributions available to other users of the Platform, subject to these Terms.

The Company does not claim ownership over your User Contributions; however, you acknowledge that the Company may be exposed to similar ideas or concepts from multiple sources. Similarity between ideas or concepts independently developed by the Company and your Submissions shall not give rise to any claim of infringement or entitlement to compensation. The Company shall not be liable for any statements or representations contained in User Contributions submitted by any user. You agree to release the Company from all liability arising from or relating to your User Contributions and to refrain from asserting any legal claims against the Company regarding your User Contributions.

If the Platform provides integration with third-party services, you represent and warrant that your use of such services in connection with the Platform complies with all applicable terms and conditions of those third-party services. The Company does not warrant or guarantee continued availability or compatibility with any third-party services.

7. GOVERNMENT CONTRACTING AND FEDERAL ACQUISITION REGULATIONS

The Platform and all associated services constitute "commercial items" as defined in Canadian federal procurement frameworks. If any component of the Platform or related services is acquired by or on behalf of any department, agency, or Crown corporation of the Government of Canada, it is subject to these Terms and the following provisions apply:

For acquisitions by any Canadian federal government entity, the Platform and related services are provided with only those rights specified in these Terms, in accordance with the Government Contracts Regulations (SOR/87-402), Treasury Board Contracting Policy, and applicable departmental procurement guidelines. The rights granted to the Government of Canada are restricted to those necessary for governmental use as set forth in these Terms.

For any agency or department within the Department of National Defence (Canada), the Platform and related services are provided pursuant to these Terms in accordance with applicable Defence procurement policies and the Defence Production Act (R.S.C., 1985, c. D-1). Technical data associated with the Platform shall be subject to restricted rights as defined in applicable Defence procurement manuals.

All intellectual property developed by Renergy Technologies Inc. shall remain the exclusive property of the Company in accordance with Canadian intellectual property laws, including the Copyright Act (R.S.C., 1985, c. C-42) and the Patent Act (R.S.C., 1985, c. P-4). The Government of Canada receives a limited, non-exclusive license to use such intellectual property solely as necessary for governmental functions.

For United States governmental entities, the Platform and related services constitute "commercial items" as that term is defined in Federal Acquisition Regulation ("FAR") 2.101. If acquired by or on behalf of any agency or department of the United States Government not within the Department of Defense, the Platform and related services are provided with only those rights specified herein, in accordance with FAR 12.212 (Computer Software) and FAR 12.211 (Technical Data).

For any agency or department within the United States Department of Defense, the Platform and related services are provided pursuant to these Terms in accordance with Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202-3 (Rights in Commercial Computer Software or Commercial Computer Software Documentation). Additionally, DFARS 252.227-7015 (Technical Data–Commercial Items) applies to any technical data acquired by such departments.

These provisions regarding governmental rights supersede any other procurement regulations, directives, or provisions addressing government rights in computer software, technical data, or intellectual property contained in any agreement or purchase order incorporating these Terms by reference. The manufacturer/developer of the Platform and related services is Renergy Technologies Inc., 100 University Avenue, Toronto, ON, M5J 1V6, Canada.

The Company reserves the right to limit, restrict, or terminate governmental use of the Platform in jurisdictions where such limitation is required by applicable export control laws or regulations. Government users shall be responsible for ensuring compliance with all applicable information security, privacy, and records management laws and regulations in their use of the Platform.

8. PLATFORM ADMINISTRATION AND ENFORCEMENT

The Company maintains the absolute and unilateral right, but not the obligation, to: (1) monitor the Platform for violations of these Terms; (2) implement technological measures to detect, prevent, and mitigate unauthorized or harmful activities; (3) investigate suspected violations of these Terms or applicable laws; (4) take appropriate legal action against any user who, in the Company's sole judgment, violates these Terms or applicable laws, including without limitation reporting such violations to relevant law enforcement authorities, regulatory bodies, or administrative agencies; (5) suspend, terminate, or restrict access to the Platform or any portion thereof for any user determined to be in violation of these Terms; (6) remove, disable, or block any User Contributions or other content that is excessive in size, potentially harmful, illegal, or otherwise burdensome to the Company's systems; and (7) manage the Platform in any manner deemed necessary or appropriate by the Company to protect its rights and property and to ensure the proper functioning of the Platform.

The Company employs various security measures to protect the integrity of the Platform; however, no security system is impenetrable. You acknowledge that the security measures implemented by the Company are subject to technical limitations, and that unauthorized third parties may attempt to circumvent these measures. The Company makes no representations or warranties regarding the security of the Platform or the impenetrability of its security measures.

The Company reserves the right to restrict access to certain features or functions of the Platform to paying users or specific membership levels. The Company may modify the availability of Platform features at any time without prior notice or liability to you. The Company may establish general practices and limits concerning use of the Platform, including without limitation the maximum storage space allotted on the Company's servers on your behalf and the maximum number of times you may access the Platform in a given period of time.

The Company may, in its sole discretion, modify, replace, refuse access to, suspend, or discontinue the Platform, partially or entirely, with or without notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or any part thereof. Nothing in these Terms shall be construed to obligate the Company to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship with the Company and may be referred to appropriate law enforcement authorities. You agree that the Company shall not be liable for any damages or losses resulting from our suspension or termination of your access to the Platform.

9. TERM AND TERMINATION CONDITIONS

These Terms shall come into effect immediately upon your first access to or use of the Platform and shall remain in full force and effect for as long as you continue to access or use the Platform, unless earlier terminated as provided herein. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED WITHIN THESE TERMS, THE COMPANY EXPRESSLY RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY TO YOU, TO DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BY BLOCKING SPECIFIC IP ADDRESSES OR DEVICE IDENTIFIERS) TO ANY PERSON OR ENTITY FOR ANY REASON OR FOR NO REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR ANY APPLICABLE LAW OR REGULATION.

The Company may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account or relationship with the Company, you may simply discontinue using the Platform. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, governing law, dispute resolution, and entire agreement provisions.

In the event of termination, you remain bound by the obligations set forth in these Terms, including but not limited to the obligations relating to intellectual property, indemnification, and limitation of liability. Upon termination, your right to access or use the Platform shall immediately cease, and the Company may, in its sole discretion, delete or remove your account and all associated data and information without liability to you.

If your account or access to the Platform is terminated or suspended for any reason, you are prohibited from registering and creating a new account under your name, a fictitious name, a borrowed name, or the name of any third party, even if you may be acting on behalf of a third party. In addition to terminating or suspending your account, the Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress against you.

The Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of your access to the Platform. All decisions regarding the termination of accounts shall be made in the sole discretion of the Company. The Company is not required to provide you with any notice prior to termination of your account or access to the Platform, regardless of the reason for such termination.

I'll create two new sections starting with "MODIFICATIONS AND INTERRUPTIONS" (section 13) and continue from there. These will be rephrased and customized for Renergy Technologies Inc. while maintaining the core legal protections:

10. MODIFICATIONS AND INTERRUPTIONS

Renergy Technologies Inc. reserves the right to modify, update, or remove any content, features, or functionality of our Platform at our sole discretion and without prior notification. We continuously improve our services to better meet customer needs, which may occasionally result in changes to the user interface, available features, or operational procedures. While we strive to minimize disruption, we cannot guarantee uninterrupted access to our Platform.

Our remote monitoring systems may experience temporary technical limitations including but not limited to hardware malfunctions, software issues, network connectivity problems, scheduled maintenance, or upgrades necessary for optimal performance. These situations may result in temporary service interruptions, delays in data transmission, or reduced functionality. During such periods, real-time temperature monitoring and alerts may be delayed or unavailable.

By using our services, you acknowledge and accept that Renergy Technologies Inc. bears no liability for any losses, damages, or inconveniences resulting from your inability to access or fully utilize our Platform during downtime or service modifications. This includes but is not limited to financial losses, property damage, or business interruptions that may occur during service unavailability.

Nothing in these Terms of Use obligates Renergy Technologies Inc. to maintain specific features, interfaces, or functionality. We may discontinue certain services or features with reasonable notice if they become obsolete, unprofitable, or otherwise unsustainable. We will make commercially reasonable efforts to notify users of significant changes or planned maintenance through email or in-platform notifications, but reserve the right to make emergency changes without prior notice when necessary.

11. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and Renergy Technologies Inc. shall be brought exclusively in the courts located in Toronto, Ontario, Canada.

By using our Platform, you irrevocably consent to the jurisdiction and venue of such courts in connection with any action, suit, or proceeding arising out of or relating to these Terms of Use or your use of our Platform. You waive any objection based on forum non conveniens or any other objection to venue in Toronto, Ontario.

If you access our Platform from a location outside of Canada, you are responsible for compliance with all local laws. Renergy Technologies Inc. makes no representation that materials on our Platform are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.

Any provision of these Terms of Use that is found to be invalid or unenforceable by a court of competent jurisdiction shall be severed from these Terms of Use, and the remaining provisions shall continue in full force and effect. The failure of Renergy Technologies Inc. to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

You acknowledge that any translation of these Terms of Use is provided for your convenience only and that the English language version governs your relationship with Renergy Technologies Inc. In the event of any inconsistency between the English version and any translation, the English version shall prevail.

12. DISPUTE RESOLUTION

Informal Resolution Process

To minimize costs and expedite resolution of any disagreement or claim arising from or relating to these Terms of Use ("Dispute"), you and Renergy Technologies Inc. agree to first attempt good-faith negotiations. This informal resolution process begins when one party provides written notice to the other describing the issue and desired resolution. Both parties shall engage in direct discussions for a minimum period of forty-five (45) days before pursuing other remedies.

Mediation and Arbitration

If informal negotiations fail to resolve the Dispute within the 45-day period, either party may initiate mediation conducted by a mutually acceptable mediator. If mediation is unsuccessful, the Dispute shall be resolved through binding arbitration in accordance with the Arbitration Act (Ontario). YOU ACKNOWLEDGE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO LITIGATE DISPUTES THROUGH THE COURTS AND HAVE A JURY TRIAL.

The arbitration shall be conducted in Toronto, Ontario by a single arbitrator with expertise in technology services appointed by mutual agreement or, failing such agreement, by the ADR Institute of Canada. The arbitration proceedings shall be conducted in English, and all documents shall be provided in English or with English translations. The arbitrator shall apply Ontario law and Canadian federal law as applicable. The arbitrator's decision shall be final, binding, and may be entered as a judgment by any court of competent jurisdiction.

Limitations on Dispute Resolution

The parties agree that any arbitration or legal proceeding shall be limited to disputes between the individual parties only. To the maximum extent permitted by law: (a) no arbitration or legal proceeding shall be consolidated with any other proceeding; (b) there is no right to have any dispute arbitrated or adjudicated as a class action; and (c) there is no right to act as a private attorney general or in a representative capacity on behalf of the general public or other users.

Exceptions to Arbitration

Notwithstanding the foregoing, the following Disputes are not subject to the above provisions concerning informal negotiations and arbitration: (a) any Dispute seeking to enforce or protect intellectual property rights; (b) any Dispute concerning unauthorized access, data breaches, or security violations; and (c) any request for injunctive or other equitable relief. These excepted Disputes may be brought before the appropriate courts in Toronto, Ontario, and both parties consent to the personal jurisdiction of such courts.

13. DISCLAIMERS AND WARRANTIES

General Disclaimer

THE PLATFORM, ALL RELATED SERVICES, AND ANY EQUIPMENT PROVIDED BY RENERGY TECHNOLOGIES INC. ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF OUR PLATFORM AND SERVICES IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RENERGY TECHNOLOGIES INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT: (a) THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) RESULTS OBTAINED FROM USING THE PLATFORM WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS; OR (d) ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.

Specific Temperature Monitoring Disclaimers

Temperature data collected through our Platform is provided for informational purposes only. While we strive for accuracy, numerous factors can affect measurement precision including but not limited to sensor placement, environmental conditions, equipment calibration, connectivity issues, and data transmission delays. RENERGY TECHNOLOGIES INC. DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY TEMPERATURE DATA OR ALERTS PROVIDED THROUGH OUR PLATFORM.

Our monitoring system is designed as a supplementary tool and should not be relied upon as the sole means of critical temperature monitoring in situations where temperature variations could result in significant damage, loss, injury, or death. You remain responsible for implementing appropriate backup systems and manual verification procedures for any critical applications.

Third-Party Services and Equipment

Our Platform may integrate with third-party services, equipment, or technologies. RENERGY TECHNOLOGIES INC. MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD-PARTY PRODUCTS OR SERVICES AND EXPRESSLY DISCLAIMS ANY LIABILITY RELATED TO THEIR FUNCTIONALITY, COMPATIBILITY, OR RELIABILITY.

Data Storage and Security

While we implement reasonable security measures to protect your data, NO METHOD OF ELECTRONIC STORAGE OR TRANSMISSION IS 100% SECURE. RENERGY TECHNOLOGIES INC. CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR DATA AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT YOUR DATA WILL REMAIN PRIVATE AND SECURE AT ALL TIMES.

You acknowledge that any information transmitted to or stored on our Platform may be accessed by unauthorized third parties due to errors, security breaches, or other factors beyond our reasonable control.

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14. LIMITATION OF LIABILITY

Scope of Limitations

IN NO EVENT SHALL RENERGY TECHNOLOGIES INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS INTERRUPTION, EQUIPMENT DAMAGE, PRODUCT SPOILAGE, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR SERVICES, EVEN IF RENERGY TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Monetary Cap on Liability

WITHOUT LIMITING THE FOREGOING, THE TOTAL LIABILITY OF RENERGY TECHNOLOGIES INC. ARISING FROM OR RELATED TO THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL SUBSCRIPTION AMOUNT PAID BY YOU TO RENERGY TECHNOLOGIES INC. IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (b) ONE HUNDRED CANADIAN DOLLARS (CAD $100.00).

Temperature Monitoring-Specific Limitations

YOU ACKNOWLEDGE THAT TEMPERATURE MONITORING SYSTEMS ARE INHERENTLY IMPERFECT AND MAY NOT DETECT ALL TEMPERATURE VARIATIONS OR ANOMALIES. RENERGY TECHNOLOGIES INC. SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM FAILURE TO DETECT TEMPERATURE CHANGES, DELAYED NOTIFICATIONS, OR INACCURATE TEMPERATURE READINGS, INCLUDING BUT NOT LIMITED TO PRODUCT SPOILAGE, EQUIPMENT DAMAGE, BUSINESS INTERRUPTION, OR PROPERTY DAMAGE.

Essential Purpose

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RENERGY TECHNOLOGIES INC. AND YOU. YOU ACKNOWLEDGE THAT RENERGY TECHNOLOGIES INC. WOULD NOT BE ABLE TO PROVIDE THE PLATFORM OR SERVICES ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, RENERGY TECHNOLOGIES INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. INDEMNIFICATION

Scope of Indemnification

You agree to defend, indemnify, and hold harmless Renergy Technologies Inc., its parent company, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

1. Your violation of these Terms of Use;
2. Your misuse of the Platform or Services;
3. Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
4. Any claim that your use of the Platform or your data has caused damage to a third party;
5. Any decisions or actions taken by you based on the temperature data or alerts provided through our Platform;
6. Your failure to secure your account credentials or allowing unauthorized access to your account;
7. Your violation of any applicable laws, rules, or regulations in connection with your use of the Platform or Services; or
8. Any other activities in connection with your use of the Platform or Services.

Defense Control

Renergy Technologies Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Renergy Technologies Inc.

Notification of Claims

You agree to promptly notify Renergy Technologies Inc. of any third-party claims, cooperate with Renergy Technologies Inc. in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys' fees). You also agree that Renergy Technologies Inc. shall have control of the defense or settlement of any third-party claims.

Survival of Indemnification

This indemnification provision shall survive termination of these Terms of Use and your use of the Platform or Services. These indemnification obligations are in addition to, and not in lieu of, any other remedies available to Renergy Technologies Inc. under these Terms of Use, at law, or in equity.

16. DATA USAGE AND PRIVACY

Data Collection and Processing

Renergy Technologies Inc. collects and processes various types of data in connection with providing temperature monitoring services. This data includes but is not limited to: temperature readings, sensor location information, equipment identifiers, usage patterns, account information, and any other data you provide to us directly. We collect this data to operate, maintain, and improve our Platform and Services, generate insights, and provide customer support.

Privacy Policy

Our Privacy Policy, available at https://www.renergytech.com/privacy, is incorporated into these Terms of Use by reference. The Privacy Policy explains how we collect, use, disclose, and safeguard your personal information. By using our Platform or Services, you consent to the data practices described in our Privacy Policy.

Data Retention and Access

We retain your data for as long as necessary to fulfill the purposes outlined in our Privacy Policy, unless a longer retention period is required or permitted by law. You may request access to your personal information by contacting us at privacy@renergytech.com. Depending on your subscription level and applicable laws, you may have the right to access, correct, delete, or export your personal information.

Data Security

We implement technical, organizational, and physical safeguards designed to protect your data from unauthorized access, disclosure, alteration, or destruction. However, no electronic transmission or storage system can guarantee complete security. You are responsible for maintaining the confidentiality of your account credentials and implementing appropriate security measures within your organization to protect access to the Platform.

Data Ownership and License

You retain all ownership rights to your data. However, by uploading or entering any data into our Platform, you grant Renergy Technologies Inc. a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such data for the purpose of providing and improving our Services. This license extends to creating anonymized and aggregated datasets that do not identify you or your specific operations.

Third-Party Data Processing

We may engage third-party service providers to assist us in processing your data. These service providers are contractually obligated to process your data only in accordance with our instructions and to maintain appropriate security measures. We remain responsible for their handling of your data to the extent required by applicable law.

17. ELECTRONIC COMMUNICATIONS AND GENERAL PROVISIONS

Electronic Communications

By using our Platform or Services, you consent to receive electronic communications from Renergy Technologies Inc. These communications may include notices about your account, temperature alerts, system updates, promotional information, and other messages relating to our Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Digital Signatures and Records

You agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed through our Platform. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original signature or delivery or retention of non-electronic records.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Renergy Technologies Inc. regarding your use of our Platform and Services. These Terms of Use supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Renergy Technologies Inc. regarding your use of the Platform and Services.

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. Any such provision shall be modified, or if that is not possible, severed from these Terms of Use only to the extent necessary to make it enforceable and valid, and the remaining provisions of these Terms of Use shall remain in full force and effect.

No Waiver

The failure of Renergy Technologies Inc. to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Renergy Technologies Inc.

Assignment

These Terms of Use are personal to you and may not be assigned or transferred by you without our prior written consent. Renergy Technologies Inc. may assign or transfer these Terms of Use, in whole or in part, without restriction and without notice to you. Any attempted assignment by you shall be null and void.

Here are two more sections for your Terms of Service document, continuing from the previous sections:

18. MISCELLANEOUS PROVISIONS

Force Majeure

Renergy Technologies Inc. shall not be liable or responsible for any failure or delay in the performance of its obligations under these Terms of Use arising out of or caused by forces beyond its reasonable control, including without limitation: acts of God; natural disasters; epidemics; pandemics; quarantines; fires; flood; windstorms; explosions; riots; strikes; labor disruptions; equipment failures; internet service provider failures or delays; denial of service attacks or other cyber-attacks; power failures; acts of civil or military authority; war; terrorism; governmental actions; or the inability to obtain labor, material, equipment, or transportation due to supply chain disruptions.

Export Control

You acknowledge that the Platform, Services, and related technical data (collectively "Controlled Technology") may be subject to import and export laws and regulations of Canada, the United States, and other jurisdictions. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the export of Controlled Technology is prohibited by applicable laws. You agree not to export, re-export, or transfer the Controlled Technology to any prohibited country, entity, or person for which an export license or other governmental approval is required.

Relationship of the Parties

Nothing in these Terms of Use shall be construed as creating an agency, partnership, joint venture, employment relationship, or franchise relationship between you and Renergy Technologies Inc. Neither party has the right or authority to assume or create any obligations on behalf of the other party or to bind the other party to any contract, agreement, or undertaking with any third party.

Subcontractors

Renergy Technologies Inc. may use subcontractors or other third parties in delivering the Platform and Services to you. These subcontractors may change from time to time at our discretion. Any subcontractors will be bound by terms no less protective than these Terms of Use with respect to the protection of your data.

Notices

Any notice required to be given under these Terms of Use shall be in writing and delivered by email to tos@renergytech.com (if to Renergy Technologies Inc.) or to the email address you provided during registration (if to you). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided during registration. In such case, notice shall be deemed given three days after the date of mailing.

Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Headings

The section headings in these Terms of Use are for convenience only and have no legal or contractual effect.

Survival

Any provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

19. CONTACTING US:

For any complaints or issues, please contact at tos@renergytech.com

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