Terms of Service

By accessing or using Phaseview Inc. ("Phaseview," phaseview.ca) and any associated services (collectively, "the Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference.

If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

You must be at least 18 years of age and have the legal capacity to enter into a binding agreement to use the Service. By creating an account, you represent and warrant that you meet these requirements.

The Service provides access to publicly available environmental information and data visualization tools. While the Service may be useful to a range of users, it is intended for informational purposes only and does not constitute professional advice.

Phaseview is an informational platform that provides access to publicly available environmental assessment reports, geospatial analysis tools, and data visualization for locations in Western Canada.

The Service includes, but is not limited to:

• Search and access to a database of environmental reports
• Interactive mapping with geospatial analysis tools
• Environmental site assessment visualization and distance calculations
• PDF report generation and data exports
• User account management and organization features
• Community support forum

Features and availability may change over time. We will provide reasonable notice of material changes to the Service.

Account Creation

To access certain features, you must create an account by providing:

• A valid email address
• A unique username
• A secure password
• Organization information (if applicable)

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate and complete.

Account Responsibility

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account, whether or not authorized by you
• Notifying us immediately at [email protected] of any unauthorized access or security breach

We will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

The Service is currently available free of charge during its beta period. Beta features may be incomplete, contain errors, or be modified or discontinued without notice. We may introduce paid subscription plans in the future. If we do, we will provide reasonable advance notice, and payment terms will be presented to you at the time of purchase. Your continued use of any free tier will not require payment.

Permitted Uses

You may use the Service for:

• Environmental research and analysis
• Educational and academic purposes
• Legitimate business or personal activities related to environmental information
• Participating in community discussions in good faith

Prohibited Uses

You agree NOT to:

• Violate any applicable federal, provincial, or local laws or regulations
• Infringe on the intellectual property rights of Phaseview or any third party
• Upload viruses, malware, or any malicious code
• Attempt to gain unauthorized access to our systems, servers, or databases
• Scrape, harvest, or collect data using automated means (bots, crawlers, scrapers) without prior written consent
• Redistribute, resell, or sublicense access to the Service or its data without authorization
• Share false, misleading, defamatory, or harmful content
• Harass, threaten, intimidate, or abuse other users
• Impersonate any person or entity, or misrepresent your affiliation
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to build a competing database, systematically extract structured data, or reverse engineer data outputs for the purpose of creating a competing product or service

Violation of these restrictions may result in immediate account suspension or termination without notice or refund.

Phaseview Content

The Service and its original content (excluding user-generated and third-party content), features, and functionality are owned by Phaseview and are protected by copyright, trademark, trade secret, and other intellectual property laws of Canada and international treaties.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purposes, subject to these Terms.

User Content

"User Content" means any content you post, upload, or submit through the Service, including forum posts, comments, and profile information. You retain ownership of your original User Content. By submitting User Content, you grant Phaseview a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to use, reproduce, display, distribute, and create derivative works from your User Content for the following purposes:

• (i) to maintain, operate, and provide the Service
• (ii) to improve our products and for internal business purposes, including data analysis, market research, and developing new features
• (iii) to enforce these Terms, comply with applicable law, and keep the Service safe

You represent and warrant that you have the right to post such User Content, that it does not violate any third-party rights, and that it complies with these Terms and all applicable laws.

Environmental Reports and Data

Environmental reports accessible through the Service are sourced from publicly accessible regulatory databases and government sources. Phaseview does not claim ownership of these reports. The original authors, consultants, and regulatory bodies retain their respective rights.

Users may access and use environmental reports and geospatial data through the Service for internal professional and business purposes. The following activities are prohibited without prior written authorization from Phaseview:

• Redistribution, resale, or republication of reports or data obtained through the Service
• Bulk extraction or systematic downloading of data beyond normal professional use
• Incorporation of extracted data into a competing product, database, or service

These restrictions apply to the aggregated and structured data provided through Phaseview and do not restrict your rights under any applicable open data licenses to access the same data directly from its original government source.

Usage Data and Feedback

Usage Data: Phaseview owns all diagnostic, technical, and usage data generated through your use of the Service ("Usage Data"). You hereby assign to Phaseview all right, title, and interest in and to Usage Data. We may use Usage Data for any lawful purpose, including:

• Providing and maintaining the Service
• Improving our products and developing new features
• Monitoring usage patterns and system performance
• Research and analytics
• Sharing aggregated analytics or usage trends with third parties (in aggregate or de-identified form that does not identify individual users)

Feedback: If you provide suggestions, recommendations, or other feedback regarding the Service ("Feedback"), you hereby assign to Phaseview all right, title, and interest in and to such Feedback. Phaseview is free to use Feedback for any purpose without attribution or compensation to you.

The Service integrates with and relies upon third-party services to provide its functionality. By using the Service, you acknowledge and agree that your data may be processed by these providers in accordance with their respective terms and policies:

• Supabase -- Cloud database hosting and authentication infrastructure
• Mapbox -- Interactive mapping, geocoding, and geospatial services
• Stripe -- Payment processing for subscription and billing services

We are not responsible for the practices or policies of third-party service providers. We encourage you to review their privacy policies and terms of service.

Phaseview uses automated classification and data processing techniques to organize, categorize, and present environmental data. These processes include document classification, metadata extraction, and geospatial data processing.

• Automated processing operates on publicly available regulatory data, not on user personal information
• Phaseview does not transmit user personal information to third-party AI or machine learning services
• Phaseview does not use user data to train machine learning or AI models
• Some datasets available through the Service (such as building footprints) may have been generated using machine learning by their original providers

Automated processes may produce errors in classification or data extraction. As stated in our disclaimers, users should independently verify all data before making decisions based on information obtained through the Service.

If we introduce AI-powered features that process user-provided data in the future, we will update this section and notify users in advance.

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which forms an integral part of these Terms.

We comply with the Personal Information Protection and Electronic Documents Act (PIPEDA) and Alberta's Personal Information Protection Act (PIPA) with respect to the collection, use, and disclosure of personal information.

We endeavor to maintain the Service's availability but do not guarantee uninterrupted, timely, secure, or error-free access. The Service may be temporarily unavailable due to:

• Scheduled or emergency maintenance
• Technical difficulties or infrastructure failures
• Force majeure events (natural disasters, pandemics, government actions, or other events beyond our reasonable control)
• Updates, improvements, or modifications to the Service

We will make reasonable efforts to provide advance notice of scheduled downtime. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

In the event that Phaseview, acting reasonably and in good faith, believes that you are violating these Terms, or that harm or damage has or will occur as a result of your use of the Service, Phaseview reserves the right to suspend the Service immediately upon notice.

No Warranty

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAY CONTAIN ERRORS, DEFECTS, BUGS, OR INACCURACIES. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON THE SERVICE OR ANY INFORMATION, DATA, OR CONTENT AVAILABLE THROUGH THE SERVICE AS PROFESSIONAL ADVICE.

While we strive for accuracy, Phaseview makes no representations or warranties regarding the completeness, accuracy, reliability, timeliness, or suitability of any environmental data, reports, analyses, or any other information, data, or content available through the Service. Environmental data may contain errors, omissions, or outdated information from original source databases. Geospatial coordinates and boundary data sourced from third-party datasets may contain georeferencing offsets or positional inaccuracies inherent in the original source data.

The Service does not constitute professional environmental advice. Users must independently verify all data and consult qualified environmental professionals before making regulatory, business, or environmental decisions.

Specifically, the Service:

• Is not a substitute for official government registry searches or regulatory filings
• Does not provide regulatory certification or compliance verification
• Does not guarantee the completeness of environmental report coverage for any given location
• May not reflect the most current filings, amendments, or regulatory determinations, as regulatory databases may be updated after reports are published and Phaseview does not guarantee synchronization timing
• Should not be relied upon as the sole source of information for Phase 1 environmental site assessments or other professional deliverables

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHASEVIEW, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO:

• YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE
• ANY ENVIRONMENTAL DATA, REPORTS, OR CONTENT OBTAINED THROUGH THE SERVICE
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
• DECISIONS MADE BASED ON DATA OR ANALYSES PROVIDED BY THE SERVICE

THESE LIMITATIONS OF LIABILITY APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

If you have a paid subscription, our total cumulative liability for all claims arising from or related to the Service shall not exceed the greater of (a) the amount you have paid us in the six (6) months preceding the claim, or (b) one hundred Canadian dollars (CAD $100). If you are using the Service on a free plan, our total cumulative liability shall not exceed one hundred Canadian dollars (CAD $100). These limitations do not apply to liability that cannot be excluded under applicable law.

Termination by Phaseview

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason including but not limited to:

• Breach of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of applicable fees (after we provide you with written notice of late payment. In the event of a billing dispute, any undisputed amounts must be paid in full.)
• Extended periods of inactivity (with reasonable advance notice)
• Requests by law enforcement or government agencies

Termination by You

You may terminate your account at any time by contacting us at [email protected] or through your account settings. Upon termination:

• Your right to access and use the Service ceases immediately
• If you have an active paid subscription, it will not be refunded for the remaining billing period
• Your personal data will be handled in accordance with our Privacy Policy

Survival

Sections relating to intellectual property, disclaimers, limitations of liability, indemnification, governing law, and any other provisions that by their nature should survive will remain in effect after termination.

Informal Resolution

Before initiating any formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute through good-faith negotiation within 30 days.

Formal Proceedings

If informal resolution is unsuccessful, any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the courts of competent jurisdiction in the Province of Alberta, Canada. Both parties consent to the personal jurisdiction of such courts.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or policies published by Phaseview on the Service, constitute the entire agreement between you and Phaseview regarding the Service.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Phaseview.

Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Electronic Communications

By using the Service, you consent to receiving communications from us electronically, including emails, notices posted on the Service, and in-app notifications. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Provide at least 30 days' notice before changes take effect for existing users
• Notify registered users via email or prominent notice on the Service

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Service.