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Aclima Terms of Service 

Last Updated July 2020

 

Thank you for visiting and/or using Aclima.io, related websites, and products. Aclima, Inc. provides a platform where users may obtain information about hyperlocal environmental conditions derived from technologies and services owned, licensed, and provided by Aclima, Inc. (referred to as “Site” and described below). Any visitors to this Site are collectively referred to as "users" in these Terms. By purchasing, accessing, or using the Services offered by Aclima, Inc. (“Aclima”, “we” or “us”), you (”you “ or “user”) are confirming that you have read, understand, and accept this Agreement. This Agreement includes the Terms of Service (“Terms”) covering your use of and access to any of our websites, services, client software, or data sources ("Services") as well our Privacy Policy and published Information Guidelines (see below).  

Our Privacy Policy explains how we collect and use your information while these Terms outline your responsibilities when using our Services including Information Guidelines and interactions with third parties. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, and our Guidelines. If you’re using our Services for an organization (“Customer”), you’re agreeing to these Terms on behalf of that organization. This Agreement may be updated from time to time in accordance with its terms and conditions. You are responsible for regularly reviewing the most current version of this Agreement. When we change this Agreement, we will modify the “Last Updated” date above. You will only be notified as to any updates as required by applicable law. By using, accessing, or logging in to the Services after the date of any update, you will be deemed to have agreed to all such updated Terms.

 

Your Responsibilities

You are responsible for your conduct. You must comply with our Terms in the use of our Sites and Services, any other agreement or contract you may have with us, and likewise comply with the accompanying Guidelines. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download for distribution or share content unless you have the right to do so under other agreements with us and these Terms do not provide such permissions. Portions of our Services may be made available through social sharing features enabled on our Sites (e.g. Twitter and Facebook) but only content and information tagged for such functionality is available for sharing. We may review your conduct and content for compliance with these Terms and our Information Guidelines and any other policies. That said, we have no obligation to do so. 

You may use our Services only as permitted by applicable law, including export control laws and regulations. For example, to use our Services in the United States, you must be at least 13 years old. If you live in the European Union, you must be at least 16 years old. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use the Services.

 

Software

Some of our Services allow you to download or access our client software (“Software”) or various subscription services related to our Software, Services or platform, which may be updated automatically. As long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to access and download the Software and solely to access the Services. Use of such Software will be governed by further agreements between you and Aclima which you must accept in order to use the Software. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services or the Software, attempt to do so or assist anyone in doing so.

 

Beta Services

We may release certain products and features that we are still testing and evaluating. Those Services will be marked as beta, preview, preliminary, early access or evaluation (or words or phrases with similar meanings) and may not be as reliable as other Services and may be terminated at any time. By accessing such releases, you agree to their use solely for Aclima internal purposes and evaluation.

 

Third-Party Services

Parts of our Services will require access to services or APIs or other functionality provided by third parties including but not limited to surveys and questionnaires, marketing analytics including those provided by Google and other platforms, customer relationship management and communications software, and other service providers related to our Sites or Software. By using or accessing our Services you understand that your use of our Sites may involve access by such third party service providers and as such you may be subject to the terms and conditions related to such service providers.  

 

Accessibility

Aclima’s Services and its related features may not be available in all languages and/or all countries or in translation to all methods of online accessibility for those with various disabilities. Given this possibility, Aclima makes no representation that its services and related features are appropriate or available for use in any specific location or by any specific person. In your election to use and access the Services despite these possible conditions, you do so upon your own initiative and with understanding of and agreement to such limitations.

 

Aclima’s Property and Proprietary Information

The Services are protected by patent, copyright, trademark, and other US and foreign laws. You agree to not obscure or alter or remove any patent, copyright, trademark or other proprietary notice or legend contained on or in the Services for any reason. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, in Aclima’s trademarks, logos and other brand features or proprietary information. 

You may not reproduce, copy, transfer, give access to, distribute, sell, rent, lease, assign, sublicense, nor create derivative works from our Services. Access to the Services is licensed, not sold, to you and is owned by Aclima and its licensors. Aclima chooses to make available portions of our Sites and Services to social sharing applications and other shareable features for data and reports (e.g. Twitter and Facebook) and content sharing features and you may share content that is enabled with such functionality. 

Specifically, unless stated otherwise:

  • you may not cache, store, or export any map content from the Services;
  • you may not redistribute any map content from the Services, including from a cache, by proxying, or by using a screenshot or other static image, instead of directly accessing via our APIs and other sources of licensed data dissemination;
  • you may not resell or re-syndicate the Services to any third party (e.g., act as a reseller or service bureau) except with the express permission from Aclima to do so.

 

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported by emailing legal@aclima.io. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:


Aclima Inc.

Attention: Legal Department

10 Lombard Street, Suite 300

San Francisco CA 94111

legal@aclima.io                    

 

Third Party Content and Cookies
Other than content you may contribute to our Sites, all content displayed on the site or accessible through the Services, including text, images, maps, software or source code, are the property of Aclima and/or third party partners and are protected by United States and international intellectual property laws. Logos and product names appearing on or in connection with the Services are proprietary to Aclima and/or our licensors. You may not remove any proprietary notices or product identification labels from the Services. Information about our collection and use of data through Cookies can be found in our Cookie Policy set forth below.

Mobile User Access
If you access our Services via a mobile device or application, your location and usage data (telemetry) may be sent to us, which we may use to improve our Services, provide information back to you about how your app is being used, and for other purposes consistent with our Privacy Policy and Information Request Guidelines.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services on notice to you if:

  • you’re in breach of these Terms, or
  • your use of the Services is in a manner that would cause a real risk of harm or loss to us or other users.

We won’t provide notice before termination where:

  •  you’re in material breach of these Terms,
  • doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
  • we're prohibited from doing so by law.

 

Discontinuation of Services

We may decide to discontinue the Site, the Services or access to the Software in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice if possible. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.

 

Disclaimers

To the fullest extent permitted by law, Aclima and its affiliates, partners, licensors, suppliers and distributors make no warranties, either express or implied, about the services. The services are provided "as is". we also disclaim any warranties of merchantability, fitness for a particular purpose and non-infringement. 

Aclima does not guarantee or warrant that the services will be free from corruption, loss, viruses, attack, hacking, interference, or other security intrusions. Aclima disclaims any related liability with respect to these third party acts. to the extent these exclusions are specifically prohibited by law in individual jurisdictions, they  may not apply to you.

You agree and acknowledge that your downloading of any material obtained through the services is at your own risk. Any resulting or alleged damages to your computer, device, or data loss that results shall be your sole responsibility.

 

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so.  In countries where certain types of exclusions aren’t allowed, we're responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can't be waived or limited by any contract or agreement.

Aclima, its affiliates, partners, suppliers or distributors won’t be liable for:

  • any indirect, special, incidental, punitive, exemplary or consequential damages, or
  • any loss of use, data, business or profits, regardless of legal theory.

These exclusions or limitations will apply regardless of whether or not Aclima or any of its partners or affiliates have been warned of the possibility of such damages. Aclima, its affiliates, partners, suppliers, or distributors will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity. Aclima and its affiliates aren’t responsible for the conduct, whether online or offline, of any users of the services. To the extent these exclusions are specifically prohibited by law in individual jurisdictions, they may not apply to you.

 

Indemnification

You agree to indemnify and hold harmless Aclima and its subsidiaries, affiliates, officers, directors, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, arising out of:

  • Your use of the Services;
  • Your violation of these Terms;
  • Your end users’ use of the Services in or through an application or service you provide;
  • Content you or your end users submit, post to, extract from, or transmit through the Services.

 

Unlawful and other unauthorized uses

You agree to comply with all applicable laws, regulations, and third party agreements in your use of the Services. You are not (and your organization is not 50% or more owned by one or more individuals, organizations or entities that are): (1) organized or located in a country or territory that is the target of sanctions imposed or (2) listed on any restricted or sanctioned party list maintained by the U.S. Government or any other applicable country.

You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.

You may not use the Services to:

  • Disseminate material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
  • Aid or implement practices violating basic human rights or civil liberties. For the avoidance of doubt, you may not use the Services to assist in the creation of databases of identifying information for any government to abrogate any human rights, civil rights, or civil liberties of individuals whether on the basis of race, gender or gender identity, sexual orientation, religion, or national origin or otherwise;
  • Disseminate or store material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person;
  • Create a false identity or otherwise attempt to mislead others as to the identity or origin of any communication or data communicated through our Services;
  • Export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions;
  • Interfere with or attempt to gain unauthorized access to any computer network;
  • Host, transmit to, or provide to us any information that is subject to specific government regulation, including, without limitation, Protected Health Information (as defined in the U.S. Health Insurance Portability and Accountability Act, as amended), financial information (as regulated by the U.S. Financial Services Modernization Act, as amended), consumer reports, and consumer-reporting information (as regulated by the U.S. Fair Credit Reporting Act, as amended) or information subject to export control or economic sanction laws;
  • Operate dangerous businesses using our Services such as emergency services or air traffic control, where the use or failure of the Services could lead to death, personal injury or significant property damage;
  • Transmit viruses, trojan horses, or any other malicious code or program; or
  • Engage in any other activity reasonably deemed by us to be in conflict with the spirit or intent of these Terms.
  • Use the Services to develop, test, validate, and/or improve any service or dataset that is a substitute for, or substantially similar to, the Services (including any portion thereof).

 

Resolving Disputes

Aclima will attempt to resolve any dispute with you informally by contacting you via email. If a dispute is not resolved within 15 days of submission, a formal proceeding may follow such as arbitration.

Judicial forum for disputes: You and Aclima agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Francisco County, California. Aclima and you both consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a member in a class, in a consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. 

 

Controlling Law

These Terms will be governed by California law, in the United States of America, except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

 

Entire Agreement

These Terms constitute the entire agreement between you and Aclima with respect to the subject matter of these Terms, and supersede and replace any prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights or rights of survivorship.

 

Waiver, Severability & Assignment

Aclima’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Aclima may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

 

Feedback

You agree that we may freely exploit and make available any and all feedback, suggestions, ideas, enhancement requests, recommendations, or other information you provide to us relating to the Services. 

 

Modifications

We may revise these Terms, and policies related to it (e.g. our Privacy Policy or Information Guidelines), from time to time to better reflect:

  • changes to the law,
  • new regulatory requirements, or
  • improvements or enhancements made to our Services.

If an update materially affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. You may not be notified of non-material changes to our terms or policies. 

If you don’t agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

 


 

COOKIE AND DATA TRACKING POLICY
Last Updated May 2020

 

Aclima uses cookies to help provide, protect, and improve Services. This Policy describes the cookies we use and explains why we use cookies and how we deal with the collected information. It also explains how cookies enable the Sites to function properly and why you may not be able to experience the full functionality of the website if you disable the use of cookies. This Cookie Policy should be read alongside, and in addition to, our Terms of Service and our Privacy Policy.

By visiting our website without changing your settings, you agree to receive all cookies and other data collection tools; however, if you do not accept the use of these cookies, you can change your cookie settings at any time by following the instructions below.

 

WHAT ARE COOKIES?

Cookies are text files containing small amounts of information which are downloaded to your computer or mobile device when you visit a certain webpage. Cookies are then sent back to the originating webpage on each subsequent visit, or to another webpage that recognizes that cookie. Cookies are widely used in order to make websites work, or to work more efficiently, as well as to provide information to the owners of the website.

Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. Cookies may tell us, for example, whether you have visited our Site before or whether you are a new visitor. 

There are two broad categories of cookies:

  • first party cookies, served directly by us to your computer or mobile device;
  • third party cookies, which are served by a third party on our behalf. We may use third party cookies for functionality, performance/analytics, advertising/tracking and social media purposes.

Cookies can remain on your computer or mobile device for different periods of time. Some cookies are session cookies, meaning that they are stored only temporarily during a browsing session and expire when you close your browser. Other cookies are persistent cookies, meaning that they are saved on your computer or mobile device for a fixed period and are not deleted when your browser is closed. They can be used by Aclima website to recognize your computer or mobile device when you open your browser and browse the Internet again.

 

WHY DO WE USE COOKIES

We use cookies for a variety of reasons, including to:

  • enable, facilitate and streamline the functioning of and your access to the Site;
  • track traffic flow and patterns of travel in connection with the Site;
  • understand the total number of visitors to our Website on an ongoing basis and the types of internet browsers (e.g. Firefox, Chrome or Internet Explorer) and operating systems (e.g. Windows or Mac OS) used by our visitors;
  • monitor and continually improve the performance and functionality of the Site.

 

WHAT TYPES OF COOKIES DO WE USE?

The types of cookies used by us and our partners in connection with the Sites can be classified into one of five categories, namely ‘cookies necessary for essential Aclima purposes’, 'functionality cookies', ‘performance and analytics cookies', 'advertising and tracking cookies', and 'social media cookies'. We have set out some further information about each category:

  • Essential website cookies: These cookies are strictly necessary to provide you with services available through our Sites. 
  • Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Sites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
  • Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customise our Websites for you.
  • Advertising cookies: These cookies may be used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
  • Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Site through third party social networking and other websites. These cookies may also be used for advertising purposes too.

 

HOW TO CONTROL OR DELETE COOKIES

You have the right to accept or stop cookies from being stored on your device at any time by modifying the settings in your web browser to reflect your cookie preferences. Please be aware that you may not be able to use all the interactive features of the website and/or online courses and content once cookies are disabled.

Most browsers offer instructions on how to change your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.

If you only want to limit third party advertising cookies, you can turn such cookies off by visiting the following links:

 

WHAT ABOUT OTHER TRACKING TECHNOLOGIES, LIKE WEB BEACONS? 

Cookies are not the only way to recognize or track visitors to a website. Our partners and service providers may employ software technologies that help us manage our Site to see what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user’s computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence. We use clear gifs or pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We may tie the information gathered by clear gifs in emails to your Personal Information.

 

CHANGES TO THIS COOKIE POLICY 

We will occasionally update this Cookie Policy to reflect changes in our practices and services. When we post changes to this Cookie Policy, we will revise the "Last Updated" date at the top of this Cookie Policy. If we make any material changes in the way we collect, use, and/or share information held in cookies, we will notify you by prominently posting notice of the changes on the Aclima Website. We recommend that you check this page from time to time to inform yourself of any changes in this Cookie Policy or any of our other policies.

 

COOKIES THAT HAVE BEEN SET IN THE PAST

If you have disabled one or more Cookies, we may still use information collected from cookies prior to your disabled preference being set, however, we will stop using the disabled cookie to collect any further information.

 

CONTACT US

If you have any questions or comments about this cookies policy, or privacy matters generally, please contact us via email at legal@aclima.io.

 


 

INFORMATION REQUESTS AND OTHER LEGAL GUIDELINES 

Last Update June 2020

 

LEGAL AND LAW ENFORCEMENT INFORMATION REQUESTS 

Aclima will review and respond to properly served requests for user information in accordance with its privacy policy, terms of service, and applicable law. Aclima reserves the right to object to requests that are improperly served, burdensome, overly broad or vague, or inappropriate as determined in its discretion. Aclima will notify its customers and users of relevant requests for information in its sole discretion unless legally prohibited.

 

DISCOVERY OR INFORMATION REQUESTS

Non-content confidential and proprietary information generated from Aclima Services will not be released to third parties in the absence of valid subpoena, court order or other legal process. 

 

LAW ENFORCEMENT REQUIREMENTS

Non-content user information will not be released to law enforcement except in response to a valid subpoena, court order, or other legal process. Content information will only be disclosed in response to a probable cause search warrant from an agency with proper jurisdiction. Under US law, including the federal Stored Communications Act, 18 U.S.C. Sections 2701-2712:

  1. A valid subpoena issued in connection with an official criminal investigation is required for Aclima to disclose non-content user information as defined in 18 US Code section 2703(c)(2) -- e.g. name, means of payment, and length of service.
  2. A court order issued under 18 US Code section 2703(d) is required for Aclima to disclose other non-content information.
  3. A probable cause search warrant issued under the procedures described in the Federal Rules of Criminal Procedure or equivalent state warrant is required for Mapbox to disclose user content information -- e.g. maps, data, and/or communications with Aclima or its services -- or other location-specific information.

If, in our good faith judgment, there is an emergency involving the danger of death or severe physical injury, we may also provide the limited information necessary to prevent that harm.

 

INFORMATION PRESERVATION REQUESTS

If not unduly burdensome or otherwise inappropriate, Aclima will take reasonable steps to preserve a snapshot of any existing time-sensitive Services information in connection with a criminal investigation for up to 90 days, pending receipt of a properly served law enforcement request or valid subpoena.

 

FORMAT OF REQUESTS

Requests for user information must include:

  1. User email address
  2. Details of the specific information being requested and its relationship to a valid investigation
  3. Requester's name, title, agency, office, official email address, and direct phone number
  4. Deadline to respond, which must be reasonable and on not less than 30 days notice

 

WHERE TO SEND REQUESTS

Law enforcement officials can submit requests by mail or in person at: Aclima, Inc. Attn: Legal, 10 Lombard Street, Suite 300, San Francisco, CA 94111 or via email to legal@aclima.io.  While we agree to accept service of law enforcement requests by these methods, neither Aclima nor our users waive any legal rights based on this accommodation.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof, and believe that any user submission or other Aclima content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Our Copyright Agent available at legal@aclima.io with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Aclima are covered by a single notification, a representative list of such works from Aclima;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Aclima to locate the material;
  4. Information reasonably sufficient to permit Aclima to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.