Organization Terms of Service
User Terms of Service
BEACON | CLIENT TERMS OF SERVICE 
Last Updated: June 14, 2021
1.     Overview

These Client Terms of Service (the “Client Terms”) describe the rights and responsibilities of Clients (defined below) in the access and use of our Beacon mobile application (the “Services”). 

THESE CLIENT TERMS FORM A BINDING CONTRACT BETWEEN US AND EACH CLIENT. BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.  

2.     Some Defined Terms

Client” means the organization agreeing to these Client Terms for access and use of the Services, and will include individuals entering these Client Terms on behalf of proprietorships, partnerships or other organizations.

User” means any individual authorized by the Client to access and use (collectively, “use”) the Services.

We”, “our” and “us” refers to Path and Focus Technologies Inc.
 
You” and “your” refers to the Client.  

3.     Accounts

(a)   Client Account.  You will be required to register for an organization account in order to use the Services (the “Client Account”). When you register         for a Client Account, you may be asked to choose a username, password, and provide various information (the “Log-In Information”) such as: 

         (i)     organization name;
         (ii)    type of business;
         (iii)   mailing address;  
         (iv)   email address;
         (v)    phone number; and
         (vi)   payment information.

       You are responsible for safeguarding your Log-In Information. You authorize us to assume that any person using the Services with the Client           Account is you or is authorized by you. You agree to notify us immediately of any unauthorized use of the Client Account.
        
         You are not entitled to transfer the Client Account to any other person. By granting access to the Client Account to other persons, you represent           and warrant that you will be responsible for the actions of those persons in connection with the Client Account. We will not be responsible for any           loss that you suffer as a result of any access to your Client Account and/or use our Services. 

(b)     User Accounts.  You may enable your Users to access and use the Services through the creation of user accounts (“User Accounts”) up to any           maximum number of User Accounts as we may specify or change from time to time. You are responsible for the activities of all Users who access         and use the Services, and you agree to ensure that all Users will comply with these Client Terms. We may take any action in our discretion to        investigate and resolve any violation of these Client Terms, including suspending or terminating the Client Account and/or the User Accounts         (collectively, the “Accounts”). We will not be responsible in any way for the loss or damage of any data or other content incurred as a result of           access to, or denial of access to, any data or content.

(c)     Payment.  We may offer certain paid features as part of our Services from time to time. We reserve the right to change the prices and payment           terms associated with our Services, Client Accounts and User Accounts at any time and from time to time in our discretion. 

4.     Proprietary Rights

(a)    Ownership of Services. We own and will continue to own the Services and all relating intellectual property rights. Except as expressly provided in          these Client Terms, we do not grant you any rights in or to the Services.

(b)    License to Services.  We grant you and your Users a limited, revocable, non-exclusive, non-transferrable, non-sublicensable right to use the              Services for non-commercial purposes only, provided that you have made any applicable payments for same and otherwise comply with         these Client Terms.

(c)   Content.  When providing information and content (collectively, the “Content”) through the use of the Services, you grant us a non-exclusive,         worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the Content in connection with our provision of the         Services. In addition, you represent and warrant that for all Content you provide:

           (i)     you own or otherwise control all necessary rights in such Content in order to provide it to us; 
           (ii)    all such content is accurate; and 
           (iii)   the use of any such Content by us to deliver the Services does not and will not infringe any rights of any third party.
 
      We take no responsibility and assume no liability for any Content provided by you, any Users, or any third party. You are responsible for all the         Content provided to us through your use of the Services. You are responsible for any lost or unrecoverable Content.

(iv)   Feedback.  We will not treat as confidential any Feedback provided by you to us, and nothing will restrict our right to use, profit from,                      disclose, publish, keep secret, or otherwise exploit Feedback, without any compensation or credit owed to you. “Feedback” refers to any          suggestion or idea for improving or otherwise modifying our Services.

5.      Use of Services


(a)    Responsible Use.  In accessing and using the Services, you will not, and you will not permit any User, to: (i) breach or circumvent any applicable        laws or any third-party rights; (ii) interfere or attempt to interfere with the proper functioning of the Services; (iii) take any action that we deem to        impose or to potentially impose an unreasonable large load on our Services; (iv) distribute viruses or any other technologies that may harm the        Services or our interests; (v) use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to         access our Services for any purpose; (vi) circumvent any technical measures we use to provide the Services or take any action to violate, interfere       with or undermine the security or system integrity of the Services; (vii) reproduce, copy, modify, adapt, reverse engineer, exploit for commercial      purposes, license, sublicense, distribute, transmit, translate, or create derivative works of, the Services or the content therein; (viii) use our         Services for the purpose of developing or operating products or services intended to be offered to third parties in competition with our Services; or         (ix) take any action that would damage, harm, or diminish our reputation, goodwill, or public image.

(b)    If we determine, in our discretion, that you are abusing the Services or failing to comply with these Client Terms, we may, without limiting any other       available remedies available to us: (i) limit, suspend or terminate your Accounts and access to the Services; and (ii) take technical and/or legal         steps to prevent you from using our Services.

6.     Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FORGOING, THE SERVICES ARE PROVIDED WITHOUT IMPLIED OR EXPRESS REPRESENTATIONS, WARRANTIES OR CONDITIONS: (A) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; (B) REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, INCLUDING THE ACCURACY OF ANY FIRE DANGER RATINGS; (C) THAT THE SERVICES WILL MEET ANY PERSON'S REQUIREMENTS; OR (D) THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, RELIABLE, SECURE OR ERROR FREE. YOU AGREE THAT YOU AND YOUR USERS USE THE SERVICES AT YOUR SOLE RISK.

WITHOUT LIMITING ANYTHING IN THESE CLIENT TERMS, WE DISCLAIM ANY AND ALL LIABILITY THAT MAY ARISE IN CONNECTION WITH THIRD-PARTY DATA AND ITS USE IN THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIRD-PARTY DATA. 

BY USING THE SERVICES, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY LOSS, HARM, DAMAGE, COST, OR INJURY SUFFERED (INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING DIRECTLY OR INDIRECTLY FROM: (I) THE CONTENT YOU PROVIDE WHEN USING THE SERVICES; (II) YOUR USE OF OR YOUR INABILITY TO USE OUR SERVICES; (III) DELAYS OR DISRUPTIONS IN OUR SERVICES; (IV) ANY ACTS OR OMISSIONS YOU MAKE IN THE COURSE OF USING THE SERVICES; (V) ANY RELIANCE YOU PLACE ON THE SERVICES AND THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES, SUCH AS FIRE DANGER RATINGS; OR (VI) ANY OTHER MATTER RELATING TO OR ARISING FROM YOUR USE OF THE SERVICES. 

THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7.     Limitation of Liability

IN NO EVENT WILL WE HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS, LOST OPPORTUNITY COSTS OR OTHER SIMILAR PECUNIARY LOSS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

8.     Indemnity

You agree to defend, indemnify, and hold us and our directors, officers and affiliates harmless from and against any and all claims, actions,  demands or losses, including reasonable legal and accounting fees, arising from or in any way relating to your or your Users’ noncompliance with these Client Terms (including the User Terms). 

9.     Reliance

You understand and agree that we are making the Services available to you in reliance upon the limitations and exclusions of liability, indemnities, and the disclaimers provided in these Client Terms, and that these form an essential basis of the contract between you and us. You agree that the limitations and exclusions of liability, indemnities, and the disclaimers set forth in these Client Terms will survive and continue to apply upon termination of these Client Terms.

10.    Third-Party Products and Services

(a)   General.  Through our provision of the Services we may provide access or links to third-party websites or applications (the “Third-Party         Content”). You agree that we are not responsible for any such Third-Party Content, including the accuracy, integrity, quality, legality, usefulness,           and safety of such Third-Party Content, and we disclaim any and all such liability relating to Third-Party Content. Your access and use of
          Third-Party Content is at your own risk.

(b)    Payment Processors.  Without limiting anything in this Section, we may use third party payment processors in order to facilitate any payments          made in connection with the use of the Services (the “Payment Processor”). We disclaim any and all liability that may result from your use of any         such Payment Processor and make no representation, warranty or guarantee with regards to the Payment Processor or its actions. Your activity          on the Payment Processor’s sites or applications is governed by such Payment Processor’s terms and conditions. Any claim and dispute you may       have in connection with any payments must be solely directed to such applicable Payment Processor, and you hereby release us and our           directors, officers and affiliates from any and all claims, actions, demands or losses in connection with same.

(c)     Disputes.  If you have a dispute with one or more third parties, you release us and our directors, officers and affiliates from any claims, demands           and damages (actual and otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11.     Termination, Service Modifications and Updates to these Client Terms

         These Client Terms remain effective until your access to the Services has been terminated by us. We reserve the right at any time and from time         to time, in our discretion, with or without notice, to: (a) modify or discontinue, temporarily or permanently, the Services (or any part thereof); (b)          change any pricing, payment terms and subscription plans; and (c) suspend or terminate any Client Account and/or User Account. We will not be          liable to you or any third party for any: (i) modification of these Client Terms; (ii) modification, price change, suspension or discontinuance of the           Services; or (iii) the suspension or termination of an Account and/or these Client Terms. 

         We may amend these Client Terms without notice or consent at any time and from time to time by posting the amended terms on our website at         www.pathandfocus.com (the “Site”). You can determine when these Client Terms were last revised by referring to the “last updated” reference           expressly provided at the top of these Client Terms. 

        PLEASE REVIEW THE SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY CHANGES TO THESE CLIENT TERMS. YOUR           CONTINUED ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE AMENDED CLIENT TERMS. 

12.     General


(a)     Entire Agreement.  These Client Terms include by reference: (i) the User Terms of Service; and (ii) our Privacy Policy (collectively, the Client        Terms, the User Terms and the Privacy Policy are the “Agreement”). The Agreement constitutes the entire agreement between us and the         yourself with respect to the Services. To the extent of any conflict the following order of precedence will apply: (1) these Client Terms; (2) the            User Terms of Service; and (3) the Privacy Policy. 

(b)      Assignment.  We may freely assign these Client Terms at any time, with or without consent or notice to you. You may not assign your rights or        responsibilities under these Client Terms without our prior written consent. The Client Terms will bind your successors, heirs and permitted            assigns.

(c)      Non-Waiver.  Our failure to exercise or enforce any part of these Client Terms will not operate as a waiver. Waivers will not be effective unless in            writing and duly authorized by an authorized representative.

(d)      Severability.  In the event that any part of these Client Terms is held to be invalid or otherwise unenforceable by a court of law, such part will be         interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, as applicable, and the remainder of these Client            Terms will continue in full force and effect.

(e)      Interpretation.  These Client Terms were written in the English language. If these Client Terms are translated into another language, the English            language text will in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and        words importing gender include all genders. Where the word “including” or “includes” is used in these Client Terms, it means “including (or          includes) without limitation”. Headings are for convenience only. These Client Terms will not be interpreted for or against either party by reason            of authorship.

(f)      Communications.  We may send you communications, such as notifications, news, promotions and/or other information about the Services and           other products. You agree that we may send these communications to you via Email or by posting them on our website. You may be able opt out            of receiving certain Email communications by clicking the “opt-out” function (as applicable), or otherwise by contacting us as set out in subsection            (j) below. Use of the Services may be affected by opting out of certain communications.

(g)      Governing Law.  These Client Terms are governed and interpreted pursuant to the laws of the Province of British Columbia and the federal laws           of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia. The            foregoing will not limit our right to enforce these Client Terms in any other jurisdiction if reasonably necessary or advisable in our sole discretion.

(h)      Trial & Class Action Waiver.  YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO A          TRIAL BY JURY, OR COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST US RELATED TO THE SERVICES AND/OR THESE            CLIENT TERMS.

(i)     Contact Us.  If you have any questions regarding the Services, or wish to opt-out of receiving any applicable Email communications from us,           please contact us at: info@twostoryrobot.com
BEACON | USER TERMS OF SERVICE
Last Updated: June 14, 2021
1.     Overview

These User Terms of Service (the “User Terms”) describe the rights and responsibilities of Users (defined below) in the access and use of our Beacon mobile application (the “Services”).

THESE USER TERMS FORM A BINDING CONTRACT BETWEEN US AND EACH USER. BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS AND USE THE SERVICES.
 
2.     Some Defined Terms

Client” means the organization agreeing to our Client Terms of Service (the “Client Terms”) for access and use of the Services, and will include individuals entering the Client Terms on behalf of proprietorships, partnerships or other organizations.

User” means any individual authorized by the Client to access and use (collectively, “use”) the Services.

We”, “our” and “us” refers to Path and Focus Technologies Inc. 

You” and “your” refers to the User.

3.     Accounts

(a)     Authorization. You must be authorized by a Client to use our Services under a user account (a “User Account”). You represent that: (i) you are          the intended recipient of the Client’s invitation to the Services; and (ii) you own all rights in the information that you submit in connection with your        use of the Services (the “User Information”); and (iii) the User Information is accurate and will not infringe the rights of any third party. User           Information will be handled in accordance with our Privacy Policy.

(b)     Use. In addition to complying with our responsible use obligations set out in our Client Terms, you agree: (i) to keep passwords and all other login           information relating to your User Account confidential; (ii) to use reasonable efforts to prevent unauthorized use of the Services through your User       Account; (iii) that you will also be bound by the Client Terms, including without limitation the responsible use obligations, disclaimers and          exclusions of liability therein. If we determine, in our discretion, that you are abusing the Services or failing to comply with these User Terms, we        may, without limiting any other available remedies available to us: (A) limit, suspend or terminate your User Account and your access to the           Services; and (B) take technical and/or legal steps to prevent you from using our Services.

4.      Disclaimer

      WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU RELATING TO THE          SERVICES, WHICH ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR SOLE RISK.     FOR CERTAINTY, AND WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR, AND YOU WILL NOT HOLD US          RESPONSIBLE, FOR ANY LOSS, DAMAGE, HARM OR INJURY THAT YOU MAY SUSTAIN AS A RESULT OF YOUR USE AND RELIANCE ON     THE SERVICES AND THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION THE       ACCURACY OF ANY FIRE DANGER RATINGS. YOU USE THE SERVICES AT YOUR SOLE RISK. THIS SECTION WILL APPLY TO THE           MAXIMUM EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY TERMINATION OF THESE USER TERMS.

5.      Limitation of Liability


   IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR       CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS      INTERRUPTION, LOSS OF DATA, LOST SAVINGS, LOST OPPORTUNITY COSTS OR OTHER SIMILAR PECUNIARY LOSS), HOWEVER         CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE        POSSIBILITY OF SUCH DAMAGE. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WILL SURVIVE ANY         TERMINATION OF THESE USER TERMS.

6.     Termination and Updates to our Services

       These User Terms remain effective until your access to the Services has been terminated by us or the Client. You agree that: (a) we may modify or        discontinue the Services as set out in the Client Terms; and (b) we may amend these User Terms without notice or consent at any time and from       time to time in our discretion by posting the revised User Terms to our website at www.pathandfocus.com (the “Site”). You can determine when         these User Terms were last revised by referring to the “last updated” reference expressly provided at the top of these User Terms. 

     PLEASE REVIEW THE SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY CHANGES TO THESE USER TERMS. YOUR         CONTINUED ACCESS AND USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THE AMENDED USER TERMS.


7.     General

(a)    Entire Agreement. These User Terms are incorporated in and form part of the Client Terms, which also include our Privacy Policy (collectively, the        Client Terms, the User Terms and the Privacy Policy are the “Agreement”). The Agreement constitutes the entire agreement between us and the        yourself with respect to the Services. To the extent of any conflict the following order of precedence will apply: (1) the Client Terms; (2) the User         Terms of Service; and (3) the Privacy Policy.

(b)   Assignment. We may freely assign these User Terms at any time without notice or consent. You may not assign your rights or responsibilities         under these User Terms without our prior written consent. These User Terms will bind your heirs and permitted assigns.

(c)   Non-Waiver. Our failure to exercise or enforce any part of these User Terms will not operate as a waiver. Waivers will not be effective unless in         writing and duly authorized by an authorized representative.

(d)   Severability. In the event that any part of these User Terms is held to be invalid or otherwise unenforceable by a court of law, such part will be         interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remainder of these User Terms will continue in         full force and effect.

(e)   Interpretation. These User Terms were written in the English language. If these User Terms are translated into another language, the English        language text will in any event prevail. Unless the context otherwise requires, words importing the singular include the plural and vice versa, and         words importing gender include all genders. Where the word “including” or “includes” is used in these User Terms, it means “including (or includes)         without limitation”. Headings are for convenience only. These Client Terms will not be interpreted for or against either party by reason of
        authorship.

(f)   Communications. We may send you communications, such as notifications, news, promotions and/or other information about the Services and         other products. You agree that we may send these communications to you via Email or by posting them on our website. You may be able opt out of        receiving certain Email communications by clicking the “opt-out” function (as applicable), or otherwise by contacting us as set out in subsection (j)         below. Use of the Services may be affected by opting out of certain communications.

(g)   Governing Law.  These User Terms are governed and interpreted pursuant to the laws of the Province of British Columbia and the federal laws of      Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia. The         foregoing will not limit our right to enforce these User Terms in any other jurisdiction if reasonably necessary or advisable in our sole discretion. 

(h)   Consumer Laws.  The Services are intended for use by businesses and organizations and not for consumer purposes. To the maximum extent         allowable under law, you agree that consumer laws will not apply with respect to the Services.

(i)   Trial & Class Action Waiver.  YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO A      TRIAL BY JURY, OR COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST US RELATED TO THE SERVICES AND/OR THESE        USER TERMS.

(j)   Contact Us. If you have any questions regarding the Services, or wish to opt-out of receiving any applicable Email communications from us, please        contact us at: info@twostoryrobot.com

THE TERMS AND CONDITIONS PROVIDED IN THESE USER TERMS WILL APPLY TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW AND FORM AN ESSENTIAL CONDITION FOR OUR PROVISION OF THE SERVICES.