Terms of Service

By accessing and using the website (the “Site“) or mobile application (the “Application“), and together with the Site, the “Services“, of SkySquirrel Technologies Inc., operating as VineView, you (the “User“) agree to each of the terms and conditions set forth herein (each a “Term” and collectively, the “Terms of Service“). We reserve the right to amend these Terms of Service at any time and without notice. These Terms of Service will be accessible on the Site and Application at all times and the User undertakes an obligation to observe and follow these Terms of Service including any changes that may occur from time to time. Any changes to these Terms of Service become effective from the date of modification and any subsequent use of the Services constitutes acceptance of the revised Terms of Service. We reserve the right to block the User’s access at any time for any reason, including but not limited to violations of these Terms of Service. Please also read our Privacy Policy which is hereby incorporated into these Terms of Service by reference.

Definitions

Application: refers to VineView’s suite of products.

Content: means any information that is submitted to the Site or Application, publicly or privately, including but not limited to personal information, images, videos, graphics, sounds, texts and emails.

VineView (variously, “we”, “us” or “our”): refers to SkySquirrel Technologies Inc. and all its subsidiaries, each operating under the VineView name.

Site: means the VineView website hosted at www.vineview.com and www.vineview.fr.

User (variously, “you” or “your”): an individual who accesses and uses the Service.

Description of Service

VineView services include aerial imagery and advanced crop health diagnostics.

User Conduct and Responsibility

Users pledge that they will not participate in any form of action or conduct that may have a disruptive, destructive or negative impact on the Services or Users. This includes but is not limited to:

  1. illegal activity;
  2. uploading, posting or sharing of material that is obscene, offensive or discriminatory;
  3. threatening, abusive, obscene or harassing behaviour;
  4. invasions of privacy;
  5. distribution of software viruses;
  6. any interference with the proper operation of the Services;
  7. tampering with the software code for the Services;
  8. bypassing of any security measures put in place by VineView, including but not limited to password protections.

Content

We do not claim ownership of any Content that you create and share with use or the Users. Unless otherwise stated, you retain copyright and other rights already possessed by you over Content that you create and share on or through the Services. However, by creating and sharing Content, you give us an irrevocable license to reproduce, adapt, modify, publish and distribute derivative works from any Content created and shared by you through the Services. You understand and accept that this license gives us the right to make the Content available to other companies, organizations or individuals that have relationships with us, and use the Content in connection with these services.

Intellectual Property

The Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets and other rights and laws. By using the Services, you agree to respect all copyright and other legal notices, information and restrictions contained in any of the content that we provide through the Services. You also agree not to change, translate, or otherwise create derivative works of the Services or any of the content found theron including, but not limited to, VineView’s trademarks, logos, and copyrighted material.

We do not grant you a right or license to reproduce Content from the Services, for any reason.

Indemnification

You agree to indemnify and hold VineView and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your connection to the Site or Application, your violation of these Terms of Service, or your violation of any rights of another person or entity.

Warranty Disclaimer

The User agrees that they use the Services solely at their own risk. The Services are provided “as is” and “as available” and without warranty of any kind, express or implied. VINEVIEW SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM VINEVIEW SHALL CREATE ANY WARRANTY.

Force Majeure

You agree that VineView shall not be liable for failures or delays in performance due to causes beyond its reasonable control, including war, strikes, lockouts, fire, flood, storm or other acts of God. We will use best efforts to minimize the effects of such failures or delays.

Limitation of Liability

To the fullest extent permitted by law, in no event will VineView, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special or exemplary damages of any kind, including but not limited to damages: (i) resulting from your access to, reliance on, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct or content of any third party on the Site or Application. In no event shall VineView’s liability for direct damages be in excess of (in the aggregate) on hundred Canadian dollars ($100).

Third Party Website and Interaction

By accessing third party websites or applications through our Services, you are consenting to the terms of service and privacy policies of those websites. We do not accept any responsibility or liability for their policies. You should read the terms of service and privacy policies of such websites and make an informed decision whether or not to use these websites based upon their practices and your discretion.

Dispute Resolution and Governing Law

These Terms of Service (and all other rules, policies or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada as applicable therein. Without giving effect to any common law or statutory principles of conflicts of law. You expressly agree that any action arising out of or relating to your use of the Services shall be filed in a Court in the Province of Nova Scotia and that you attorn to the jurisdiction of that Court.

Contacting Us

If there are any questions regarding these Terms of Service, you may contact us using the information below.

www.vineview.com
www.vineview.fr
603-1595 Bedford Highway
Bedford, Nova Scotia B4A 3Y4
info@vineview.com
+1-902-442-0742

These Terms of Service were last updated in February 2020.