Terms of Use
Last updated: March 31, 2024
These Terms of Use ("Terms") govern your access to and use of the OpenHouse mobile application (the "App") and the OpenHouse web application (the "Web App") provided by Solutions Operium Inc. ("Solutions Operium," "we," "us," or "our"). By accessing or using the App or Web App, you agree to be bound by these Terms.
1. Acceptance of Terms
1.1 Agreement to Terms:
By accessing or using the App or Web App, you affirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any of the provisions of these Terms, you should not access or use the App or Web App.
1.2 Additional Terms:
Additional terms may apply to specific features, functionality, or services provided within the App or Web App. Such additional terms will be made available to you and will become part of these Terms when you use those features, functionality, or services. In the event of a conflict between these Terms and any additional terms, the additional terms shall prevail.
2. Use of the App and Web App
2.1 Eligibility:
You must be at least 13 years old or have the necessary legal capacity to enter into these Terms and use the App or Web App. By accessing or using the App or Web App, you represent and warrant that you meet these eligibility requirements.
2.2 License:
Subject to your compliance with these Terms, Solutions Operium grants you the right to access and use the App or Web App. This license does not permit you to: (a) copy, modify, or distribute the App or Web App; (b) reverse engineer or attempt to extract the source code; (c) sell, resell, or sublicense the App or Web App; or (d) use the App or Web App in any manner prohibited by these Terms.
2.3 Account Registration:
To access most features or services within the App or Web App, you will need to create an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3. User Content
3.1 User Content License:
By posting, uploading, or submitting any content through the App or Web App, you grant Solutions Operium a worldwide, non-exclusive, royalty-free, transferable license to use your data to train, enhance and refine our hydroponics recommendation algorithms.
3.2 User Content Responsibility:
You are solely responsible for the content you store, upload, or submit through the App or Web App. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to upload said content.
4. Intellectual Property
4.1 Ownership:
All intellectual property rights in the App and Web App, including copyrights, trademarks, patents, and trade secrets, are owned by Solutions Operium or its licensors. These Terms do not grant you any right or license in or to the intellectual property rights of Solutions Operium or its licensors.
4.2 Feedback:
If you provide Solutions Operium with any feedback, suggestions, or ideas regarding the App or Web App, you hereby grant Solutions Operium a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback into the App or Web App without any obligation to compensate you.
5. Privacy
Your privacy is important to us. Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our practices.
6. Termination
6.1 Termination by You:
You may stop using the App or Web App at any time by uninstalling the App or ceasing to use the Web App. If so choose, you can also delete your Account and delete the Personal Data we have on you in accordance with data privacy laws and regulations effective in Quebec, Canada.
6.2 Termination by Solutions Operium:
Infringement of the present Terms of Use may result in the termination of your account. Besides, notable infrigements, we reserve the right to terminate or suspend your access to the App or Web App, with or without cause, at any time and without prior notice.
7. Disclaimer of Warranties
The App and Web App are provided on an "as-is" and "as available" basis. Solutions Operium makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the App or Web App, including any warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the performance, productivity, or success of the gardens created or managed by users and Solution Operium shall not be held responsible for non-satisfactory results. The app provides general guidance and information based on best practices, but individual results may vary based on various factors, including user actions, environmental conditions, plant selection, and other variables.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Solutions Operium and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, whether based on warranty, contract, tort (including negligence), or any other legal theory.
9. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Quebec, Canada. Any legal action or proceeding arising out of or relating to these Terms or your use of the App or Web App shall be exclusively subject to the jurisdiction of the courts located within Quebec, Canada.
10. Miscellaneous
10.1 Entire Agreement:
These Terms constitute the entire agreement between you and Solutions Operium regarding your use of the App or Web App and supersede any prior agreements or understandings, whether oral or written.
10.2 Severability:
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
10.3 Waiver:
The failure of Solutions Operium to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
10.4 Amendment of Terms:
Solution Operium reserves the right to update, modify, or revise these Terms of Use at any time, in its sole discretion. Any changes to the Terms will be effective immediately upon posting the updated version on the app or website. By continuing to use the app after the revised Terms have been posted, you agree to be bound by the updated Terms. It is your responsibility to review the Terms periodically for any changes, but we shall facilitate your review of our updated Terms of Use by informing you via email or in-app notifications of our update. If you do not agree with any of the updated Terms, you must discontinue using the app. The Company encourages you to frequently check the app or website for any updates to the Terms.
11. Contact Us
If you have any questions about these Terms, you can contact us:
- By email: legal@operium.ai