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End User License Agreement

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Desert Energy Digital Services ("Company," "we," or "us") governing your use of the Desert web application (the "App").

By accessing or using the App, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, you may not use the App.

1. License Grant

Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the App for its intended purposes, as provided by the Company, solely for your own internal business operations.

2. Restrictions

You agree not to:

  • a. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App;
  • b. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
  • c. Use the App for any unlawful or unauthorized purpose;
  • d. Interfere with or disrupt the integrity or performance of the App or its related systems;
  • e. Attempt to gain unauthorized access to the App, its related systems, or the data stored therein.

3. Intellectual Property

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio) are owned by the Company, its licensors, or other providers of such material and are protected by Canadian, United States, and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4. User Accounts

To access certain features of the App, you may be required to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for safeguarding your account credentials and are liable for any activity conducted through your account.

5. Data Responsibility and Backup

You acknowledge and agree that:

  • a. Your Responsibility: You are solely responsible for maintaining your own backups of all data, content, and information that you upload, create, or store in the App. The Company is not obligated to retain, preserve, or provide copies of your data beyond what is necessary to operate the App.
  • b. No Guarantee of Availability: While we implement backup and redundancy measures, we do not guarantee the continuous availability, integrity, or recoverability of any data stored in the App.
  • c. Data Loss Risk: Data loss may occur due to technical failures, hardware malfunctions, software errors, cyberattacks, natural disasters, human error, third-party service failures, or other causes beyond our control. You assume the risk of any such data loss.

6. Data Breaches and Security Incidents

You acknowledge that:

  • a. Inherent Risks: Despite our security measures, unauthorized access, data breaches, data leaks, and other security incidents may occur. No system is completely secure against all possible threats.
  • b. Notification: In the event of a data breach or security incident that affects your information, we will comply with applicable breach notification laws (including the Personal Information Protection Act of Alberta and PIPEDA). Our obligations and procedures are further described in our Privacy Policy.
  • c. Limitation: Except as required by applicable law, we shall not be liable for any damages arising from data breaches, data leaks, unauthorized disclosure, or security incidents, including but not limited to identity theft, financial loss, reputational harm, or business interruption.

7. Termination

The Company may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach this Agreement. Upon termination, your right to use the App will immediately cease. You are responsible for exporting or backing up your data prior to termination. We may delete your data following termination in accordance with our data retention practices.

8. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM DATA LOSS, DATA CORRUPTION, UNAUTHORIZED ACCESS, OR SECURITY BREACHES. YOU USE THE APP AT YOUR OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO:

  • a. Damages resulting from data loss, data corruption, or the inability to access or recover your data;
  • b. Damages resulting from data breaches, data leaks, unauthorized disclosure, or security incidents;
  • c. Damages resulting from service interruptions, downtime, or unavailability;
  • d. Loss of profits, revenue, business opportunities, or goodwill;
  • e. Any other damages arising from your reliance on the App for data storage or business operations.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS ($100 CAD), WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the App; (b) your violation of this Agreement; (c) your violation of any third-party rights; or (d) any data or content you submit, upload, or transmit through the App.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Alberta.

12. Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect.

By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App and must discontinue use and export your data.

13. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Contact Us

If you have any questions, concerns, or requests regarding this Agreement, please contact us at support@desertenergyservices.ca.

By using the App, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.