Terms of Use

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE UPON WHICH InsulationAI OFFERS YOU ACCESS AND USE OF OUR SERVICES (DESCRIBED BELOW). THIS INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AS WELL AS CERTAIN EXLUSIONS AND LIMITATIONS.

1. Introduction

Renaissance And Action Ltd. operating as InsulationAI (“Renaissance And Action", "InsulationAI", "we", "us" or "our") owns and operates the website www.insulationai.org and other subdomains (the "Website") The Website provides an online service (the "Service") that sell SaaS, and AI software subscriptions.

This terms of use (the "Terms of Use") applies to all registered user of the Service and users of the Website (collectively, "you", "your", "he/she", "they" and "Users"). You understand and agree to be legally bound by these Terms of Use whether you register to use the Services or not. If you do not agree with the Terms of Use then you have no right to continue using or accessing the Service, other Users and InsulationAI content.

InsulationAI may change this Terms of Use from time to time without giving notice to the Users and to be effective upon posting of an updated version of the terms on the Website. The Terms of Use may have changed since your last visit to the Website. It is your responsibility to review the Terms of Use for any changes. InsulationAI encourages you to check the Website periodically for said changes. Your use after any amendments or updates of the Terms of Use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to the Website from time to time will be subject to the Terms of Use, unless stated otherwise.

Please note that important information about InsulationAI's practices on the collection, use and disclosure of Users' personal information submitted via the Website is governed by our Privacy Policy, the terms of which are incorporated into this Terms of Use.

IIMPORTANT NOTICE: Please be aware that sections 5 and 6 contain important disclaimers and limitations of liability. Additionally, section 14 governs how claims that you and we have against each other are resolved, including, without limitation, any claims that arose or were asserted prior to the effective date of these Terms of Use. In particular, it contains an alternative dispute resolution process and you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and you are waiving your right to seek relieve in a court of law and to have a jury trial on your claims.

1. InsulationAI Accounts
   1. You represent and warrant that all information supplied by you on the Website (including information provided by you to create an account for use of the Service (a "InsulationAI Account")) or in connection with your use of the Service is true, accurate, current and complete. You must be the credit card holder in order to pay any Deposit (as defined below) and payments through the Service. Personal information provided by you on registration is handled by us in accordance with the terms of our Privacy Policy.
   2. To create an InsulationAI Account each User of the Service is asked to, among other things:
      1. Reached the age of majority in your jurisdiction;
      2. Verify their email address and have access to that email address while making use of the Service;
      3. Provide their legal first name and last name;
      4. Agree to our Terms of Use and Privacy Policy.

Failure to provide the above may result in, at InsulationAI’s sole discretion, you being denied access or use of the Service.

1. Any InsulationAI Account must be kept secure and you agree that you will not share or disclose your InsulationAI Account credentials with anyone. InsulationAI will not be liable for any loss or damage arising from your failure to safeguard your InsulationAI Account.
2. We may suspend or terminate your ability to access the Website, or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we believe: (i) you may have violated these Terms of Use, (ii) you may create risk or possible legal exposure for us; (iii) prolonged inactivity; or (iv) our provision of the Service to you is no longer commercially viable. Suspension or termination may also include removal of some or all of the materials uploaded by you. We may make reasonable efforts to notify you by the email address associated with your account, through the Website, App or the next time you attempt to access your account, depending on the circumstances. You acknowledge and agree that all suspensions or terminations may be made by InsulationAI in its sole discretion and that no members of the InsulationAI will be liable to you or any third-party for any suspension or termination of your access or for the removal of any of the materials uploaded by you to the Website and App. Any suspension or termination of this Agreement by InsulationAI will be in addition to any and all other rights and remedies that InsulationAI may have.
3. InsulationAI reserves the right to access, read, preserve and disclose any and all information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including the investigation of potential violations hereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of the Users and the public.

1. Use and Access of the Service
   1. Subject to your compliance with these Terms of Use, InsulationAI hereby grants you a personal, revocable, non-exclusive and non-transferable license to use the Website and App in accordance with these Terms of Use.
   2. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
   3. You agree to comply with all applicable laws when using the Service and you may only use the Service for lawful purposes. In your use of the Service, you will not cause nuisance, annoyance, inconvenience, or property damage.
   4. InsulationAI reserves the right to change or allow a third party to change any information, material or content (including, but not limited to, price, andfeatures) contained on or provided through the Website (the "Content") at any time, and from time to time, without notice. For greater certainty the Content includes the User Content (as defined below).
   5. You may not, without InsulationAI's prior written permission, use the Website, the Service or the Content, including other User's User Content (as defined below), for purposes other than the applicable Permitted Use. Without limiting the generality of the foregoing, you will not, and will not permit anyone else to, or attempt to use the Website, the Service or any Content to:
      1. "frame", "mirror" or otherwise incorporate the Website, the Service or the Content or any part thereof on any commercial or non-commercial website;
      2. access, monitor or copy any part of the Website, the Service or the Content using any robot, spider, scraper or other automated means or any manual process for any purpose without InsulationAI's express written permission;
      3. copy, reproduce, modify, translate, distribute, transfer, sell, publish, broadcast, perform, transmit, license or circulate in any form any part of the Website, the App, the Service or the Content;
      4. license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, the Service or the Content;
      5. create derivative works based on the Website, Service or the Content, in whole or in part, or decompile, disassemble, reverse engineer or other exploit any part of the Website, the Service or the Content;
      6. use or access the Website, the Service or the Content in a manner that violates the rights (including, but not limited to contractual, intellectual property or proprietary rights) of any third party;
2. Intellectual Property
   1. InsulationAI may collect data, information, records, files, material or other content from your local computer (including mobile) system or from third-parties with your permission, and (in each case) including all results from processing such data, including compilations, and derivative works thereof ("User-Related Content"). You grant to InsulationAI a perpetual, transferrable, irrevocable, royalty-free, worldwide and sublicensable license to access, collect, store and use any such User-Related Content. To the extent your User-Related Content contains any personally identifiable information, that data is handled in accordance with the InsulationAI Privacy Policy. User-Related Content is not considered confidential or proprietary.
   2. We reserve the right to remove or edit at any time any Submissions or other User Content posted, uploaded or transmitted to the Website that we determine breaches the restrictions in section above or is otherwise objectionable or may expose us or any third parties to any harm or liability of any type, or for any reason. Any Submissions on the Website and App is for information purposes only and does not constitute advice from us or the opinions of anyone within InsulationAI. User Content may reflect the opinions of Users who have used the Service and any statements, advice or opinions provided by such persons are theirs only. Accordingly, to the fullest extent permitted by law, no members of InsulationAI assume any responsibility or liability to any person for any User Content, including without limitation any mistakes, defamation, obscenity, omissions or falsehoods that you may encounter in any such materials.
   3. If you access any personal information through or in connection with the Website you agree that you will treat such personal information in accordance with InsulationAI's Privacy Policy and you will not collect or harvest any personal information, including personal information of other users, except as permitted by these Terms of Use.
3. DISCLAIMERS

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS AND LIMITATIONS OF LIABILITY) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.

1. The downloading and viewing of the Website and App or the Content is done at your own risk. InsulationAI cannot and does not guarantee or warrant that the Website and App or the Content are compatible with your computer system or that Website and App or the Content, or any links from the Website, the App or the Content, will be free of viruses, worms, malware, trojan horses or disabling devices or other code that manifests contaminating or destructive properties.
2. InsulationAI does not guarantee the confidentiality of any communications made by you through the Website and the App. Although InsulationAI generally adheres to the accepted industry practices in securing the transmission of data to, from and through the Website and App, you understand, agree and acknowledge that InsulationAI cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website and the App.

1. NO IMPLIED WARRANTIES; LIMITATIONS OF LIABILITY
   1. THE SERVICE, THE WEBSITE, THE APP AND THE CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, InsulationAI DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICE, WEBSITE, THE APP AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICE, THE WEBSITE, THE APP OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
   2. IN NO EVENT WILL InsulationAI BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT InsulationAI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICE, THE WEBSITE, THE APP OR THE CONTENT.
   3. You assume full and sole responsibility and risk for any additional or associated costs that you may incur in connection with or as a result of your use of the Website and the App, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
   4. We do not warrant that the Service will:
      1. meet your requirements and expectations; and
      2. any information that you obtain through the Service will be accurate or reliable.

THE LIMITATIONS ABOVE REFLECTS A FAIR ALLOCATION OF RISK BUT FOR WHICH InsulationAI WOULD NOT MAKE THE WEBSITE, THE APP AND/OR SERVICE AVAILABLE TO USERS. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

1. Indemnification
   1. You agree to defend, indemnify and hold harmless InsulationAI, its licensors and their directors, officers, agents, contractors, partners, representatives and employees from and against any threatened or actual claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal fees, incurred in connection with or as a result of:
      1. your breach of these Terms of Use or any documents referenced herein;
      2. your violation of any law or the rights of a third party (including, without limitation, intellectual property rights);
   2. InsulationAI reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by InsulationAI.
2. Termination
   1. InsulationAI may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or App or portions thereof. Cause for such termination shall include, but not be limited to InsulationAI, (a) breaches or violations of these Terms of Use or any other agreement that you may have with  (including, without limitation, non-payment of any fees owed by you to InsulationAI, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website or App may also include removal of some or all of the materials uploaded by you. You acknowledge and agree that all terminations may be made by InsulationAI in its sole discretion and that InsulationAI shall not be liable to you or any third-party for any termination of your access to the Website or App or for the removal of any of the materials uploaded by you to the Website. Any termination of these Terms of Use by InsulationAI shall be in addition to any and all other rights and remedies that InsulationAI may have.
3. Governing Law and Dispute Resolution
   1. These Terms of Use will be governed by the laws of the Province of Alberta, unless you access the Website and the App or receive the Service in Quebec, in which case the laws of the Province of Quebec apply to the extent of such access or use of the Service, and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Website, the App, the Service or the Content, notwithstanding your domicile, residency or physical location. The Website, the App, the Service and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
   2. Dispute Resolution Process: [NTD: InsulationAI, please review and comment on the procedure below]
      
      1. Except to the extent restricted by applicable law, if there is any dispute or controversy between (1) you and (2) InsulationAI, including any dispute or controversy arising out of or relating to these Terms of Use, the Website, the App or the Service, any interactions or transactions between (1) you and (2) InsulationAI, or in respect of any legal relationship associated with or derived from these Terms of Use, including the validity, existence, breach, termination, construction or application, or the rights, duties or obligations of you or us, (each, a "Dispute"), the disputing person will serve notice on the other person and each you and us must use good faith efforts to resolve the Dispute informally.
      2. Except to the extent restricted by applicable law, if the Dispute is not resolved after twenty (20) business days of a person serving notice on the other party that there is a Dispute, you and us agree that the Dispute will be finally resolved by confidential arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively the "CAA Rules") provided by the Canadian Arbitration Association (the "CAA"). (The CAA Rules are available at www.adr.org/arb_med or by calling the CAA at 1-800-856-5154).
      3. The seat of the arbitration will be Alberta or wherever convenient or necessary acting reasonably. There will be no appeals of any kind. The language of the arbitration will be English unless otherwise required by applicable law or agreed to by you and us. Each party shall be responsible for and pay their own costs.
      4. Except to the extent restricted by applicable law, you and InsulationAI agree that you and InsulationAI will resolve any Dispute on an individual basis. Any claim you may have must be brought individually, in your individual capacity and not as a representative plaintiff or class member, and you will not join such claim with claims of any other person or entity, or bring, join or participate in a class action lawsuit, collective or representative proceeding of any kind (existing or future) against InsulationAI.
      5. Nothing in this section will prohibit us from seeking interim measures from a court, including preliminary or injunctive relief of breach of you of any intellectual property rights.
      6. The Commercial Arbitration Act will govern the interpretation and enforcement of this section.
4. Miscellaneous
   1. Unless the context clearly requires otherwise, (a) references to the plural include the singular, the singular the plural, the part the whole, (b) references to any gender include all genders, (c) “including” has the inclusive meaning frequently identified with the phrase “but not limited to” and (d) references to “hereunder” or “herein” relate to these Terms of Use. The section headings in these Terms of Use are for reference and convenience only and shall not be considered in the interpretation of these Terms of Use.
   2. InsulationAI may, in its sole discretion, provide any notices to you in connection with these Terms of Use through the Website and App or by email at the then-current email address for you on file with InsulationAI. InsulationAI may be contacted in writing at:

RenaissanceAndAction Ltd.

InsulationAI may change its notice contact information from time to time by posting updated contact details on the Website and App.

1. InsulationAI's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right.
2. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Use shall remain in effect.
3. The parties have required that this Agreement and all documents and notices resulting from it be drawn up in English. Les parties aux présents ont exigé que la présente convention ainsi que tous les documents et avis qui s'y rattachent ou qui en découleront soit rédigés en la langue anglaise.

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