By using the Inferrit Limited services located under the opnbuildings.com umbrella domain (the “Website”) and providing your data to Inferrit Limited, you, individually and on behalf of your employer (collectively, “you” or “Customer”) agree to be bound by these Terms of Service (this “Agreement”). The Services are defined as your access to the Website and the information you receive from Inferrit Limited through the Website (the “Services”). This Agreement sets out the legally binding terms for your use of the Services and may be modified by Inferrit Limited from time to time in its sole discretion. Any modifications shall be effective upon posting by Inferrit Limited on the Website.
The Services are solely for access and use by Authorised Users (as defined below). By using the Services, you represent and warrant that you (a) have the right, authority, and capacity to enter into this Agreement and (b) will abide by all of the terms and conditions of this Agreement. If you have agreed to become a paying customer for the Services, then your eligibility to use the Services shall be contingent on your continued compliance with the terms of the applicable purchase agreement and this Agreement. If you have not agreed to become a paying customer for the Services, your use of the Website is still subject to this Agreement.
The Company may at its sole discretion modify the features of the Services from time to time without prior notice. Inferrit Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Inferrit Limited shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. If any users send us any feedback or suggestions regarding the Service, you grant Inferrit Limited an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
Inferrit Limited shall authorise individual employees of Customer as designated by Customer from time to time (each an “Authorised User”), who will have access to the Services. Each Authorised User will receive a password and account designation upon completing the Service’s registration process. Each Authorised User is responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under the password or account. You, the Customer, agree to (a) immediately notify Inferrit Limited of any unauthorised use of passwords or accounts or any other breach of security; and (b) be the responsible party for each Authorised User’s compliance with this Agreement. You or any Authorised User may not use the service for any purpose which is illegal or violates any laws in your jurisdiction, in the jurisdiction of the Republic of Ireland or in any way that intentionally or unintentionally violates any applicable local, state, national or international law. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Inferrit Limited will attempt to provide continuous availability and access to Services. In the event that we are unable to provide access for reasons beyond our control, we will communicate the reasons for the outage and expected duration of the outage clearly and explicitly to the Customer. These outages could be due to third parties that the Service depends on, such as, but not limited to Amazon AWS or other third party service providers.
While the service is aimed at collecting, presenting and storing data from the Customer sites and equipment. Data retention and regular backups remain solely the responsibility of you the Customer. OPNBuildings is hosted by a third party hosting service provider. Inferrit Limited and its third party service providers have implemented and maintain commercially reasonable technical and organizational security measures designed to meet the following objectives: (a) ensure the security and confidentiality of Customer data in Inferrit Limited' and/or its third party service providers' custody and control; (b) protect against anticipated threats or hazards to the security or integrity of Customer data; (c) protect against unauthorised access to or use of Customer data; (d) encrypt Customer's Content and data during transmission by Inferrit Limited and its third party service providers and when being uploaded by Customer for use in connection with the Services using an https connection; and (e) ensure that Inferrit Limited' return or disposal of Customer data is performed in a manner consistent with the foregoing. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures to access your data for improper purposes. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, confidential information and property.
Customer will retain all Intellectual Property rights in Customer Intellectual Property that may be provided by Customer to Inferrit Limited (“Customer Property”) under this Agreement. Inferrit Limited will not publicly disclose any Customer-specific information but may disclose aggregated and de-identified customer information related to the Services for promotional purposes, such as project summary and high-level outcomes of the Services. You understand and agree that Inferrit Limited may copy, use and modify any information that you provide to Inferrit Limited, including all suggestions supplied by you that relate to the Services (collectively, “Content”) for the sole purposes of providing the Services to you and to improve the quality of Inferrit Limited products and services. Furthermore, you hereby agree that Inferrit Limited shall have an unlimited, royalty-free, worldwide and perpetual license to use, copy, distribute, practice and make derivatives works of, under any intellectual property rights you may have, including but not limited to copyrights, trademarks, trade secrets and patents, all suggestions supplied by you to Inferrit Limited. By providing Content to Inferrit Limited, you represent and warrant that you have the right to provide such Content to Inferrit Limited and such Content does not infringe, misappropriate, violate or contravene any laws, regulations or third party rights (including, without limitation, any rights in Intellectual Property).
These Terms will be governed by the laws of the Republic of Ireland, without regard to its conflict of laws principles.
Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of our service and the internet. Any and all services provided by us to you are provided “As is”, Without warranty of any kind. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non infringement and all warranties that May arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We and our affiliates, licensors, suppliers, and agents do not warrant that your use of our website or materials will be uninterrupted, error-free or secure, that defects will be corrected or that our website, the server (s) on which our website is hosted or our materials are free of viruses or other harmful components. Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the service, including but not limited to claims relating to faulty, malfunctioning or inoperable service. Limitation of liability. In no event will we nor any of our affiliates, licensors suppliers or agents, nor our or their directors, officers, employees, consultants, agents or other representatives (“Indemnified parties”) , Be liable for any indirect, incidental, special, consequential or punitive damages or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by you or any third party, whether in an action in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or if such damages are foreseeable. Your sole remedy for dissatisfaction with our website, materials or any linked site is to stop using them. The sole and exclusive maximum liability of all indemnified parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by you, if any, to access or use our website or our materials. Your use of our website and any materials provided through our website is entirely at your own risk. You acknowledge that the limitations of liability in these terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.
The communications between you and Inferrit Limited use electronic means, whether you visit the Website or send us emails, or whether Inferrit Limited posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Inferrit Limited in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Inferrit Limited provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.
This Agreement contains the entire agreement between you and Inferrit Limited regarding the use of the Services and supersedes and replaces all prior or contemporaneous understandings, representations, communications, or agreements, written or oral, including any additional or contrary terms contained in any Customer purchase order or other procurement document whether presented contemporaneously or after Customer has entered into this Agreement and notwithstanding any signature by Inferrit Limited of such purchase order or procurement document; and any such additional or contrary terms contained in such Customer purchase order or other procurement document shall be void as they may pertain to the subject matter of this Agreement. This Agreement may be updated or amended by Inferrit Limited at any time, with or without notice to Customer and Customer's continued use of the Services shall constitute Customer's acceptance of the updated or amended Agreement. Customer may not assign all or any part of its rights or obligations hereunder without the consent of Inferrit Limited. Notwithstanding any other provisions herein, no party will be deemed as a third-party beneficiary to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives to the greatest extent possible under any applicable law and the remaining provisions will continue in full force and effect. The failure of Inferrit Limited to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Nonperformance by either party shall be excused to the extent that performance is rendered impossible by strike, acts of God, natural disaster, Internet outages, computer viruses, governmental acts or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party. The section titles in this Agreement are for convenience only and have no legal or contractual effect. You are responsible for all taxes, other than taxes levied on Inferrit Limited’s income. Services fees do not include any applicable taxes. If Inferrit Limited is required to pay any sales, use, goods & services, value added, or other taxes in relation to your purchase, those taxes will be billed to and paid by you.
All Intellectual Property owned by Inferrit Limited shall remain the exclusive property of Inferrit Limited. Customer agrees that Inferrit Limited will retain sole ownership of all Intellectual Property even if enhancements suggested or requested by Customer become incorporated into the Services. You are not permitted to use Inferrit Limited’s Intellectual Property without our prior written consent or as expressly provided in this Agreement.
You grant Inferrit Limited the right to identify you as a user in Services promotional material. At any point in time you can submit a written request via email to email@example.com to have Inferrit Limited remove your name, within thirty days of your request, from promotional material.