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Ecopia Platform Terms of Use

ECOPIA PLATFORM TERMS OF USE

Version 2026-08-17

Introduction

This website platform.ecopiatech.com (the “Ecopia Platform”) is operated by Ecopia Tech Corporation (“Ecopia”), an Ontario corporation with offices located at 661 University Avenue, Suite 1120, Toronto, ON, M5G 1M1, Canada. The Ecopia Platform is made available to you subject to your compliance with these terms of use (the “Platform Terms of Use”). If you are entering into these Platform Terms of Use on behalf of a company, government agency, or other legal entity, then you represent and warrant that you have the authority to bind that entity to these Platform Terms of Use. These Platform Terms of Use apply to your access to, and use of, the Ecopia Platform, and the datasets made available through the Ecopia Platform.

By accessing or using the Ecopia Platform, you acknowledge that you have read, understood, and agreed to these Platform Terms of Use. If you do not agree to be bound by these Platform Terms of Use, do not access or use the Ecopia Platform. Ecopia may modify these Platform Terms of Use at any time and without notice, therefore, you should review these Platform Terms of Use regularly.

Additional Terms

Additional terms may also apply to specific portions, services or features of the Ecopia Platform, such as the Website Terms of Use, the Privacy Policy, the Pro Plan Subscription Terms (if applicable), and the Platform Referral Policy (“Additional Terms”). All Additional Terms are incorporated by this reference into these Platform Terms of Use. If a license to any Ecopia Products made available through the Ecopia Platform, the applicable End User License Agreement and/or Distributor License Agreement will apply.

Access Plans

Users may access the Ecopia Platform under a Starter Plan, Pro Plan, or Enterprise Plan. New users are defaulted to the Starter Plan, where Ecopia Products are purchased pay-as-you-go. Users who subscribe to the Pro Plan are granted additional benefits such as order discount and usage credits (full terms under the Pro Plan Subscription Terms).

Licenses Purchased through the Ecopia Platform

Ecopia may offer the Ecopia Platform as a self-service web portal through which you may purchase a license to Ecopia data products (the “Ecopia Products”). Licenses may be purchased for use by yourself or the entity you represent, in which case you will be provided with the applicable End User License Agreement that applies to your or your entity’s use of the Ecopia Products. Licenses may also be purchased to redistribute Ecopia Products to a third party for use by that third party, in which case you will be provided with the applicable Distributor License Agreement that applies to your redistribution of the Ecopia Products, and the applicable End User License Agreement that applies to that third party’s use of the Ecopia Products.

Purchasing Ecopia Products

The Ecopia Platform may allow users to purchase pre-built Ecopia Products that are available off-the-shelf (“Browse & Buy Ecopia Products”). Some users may be permitted to purchase Ecopia Products made to order (“Custom Order Ecopia Products”). The timeline for delivery of Ecopia Products may vary depending on the size of the area of interest requested and will be communicated to the user prior to purchase. Large orders may require a separate contract with Ecopia. Ecopia may refuse any order at its sole discretion.

Browse & Buy Ecopia Products are available off-the-shelf and are pre-generated based on source imagery provided by one of Ecopia’s imagery providers. Users will be given an opportunity to review the Ecopia Products prior to purchase to ensure that the Ecopia Products meets the user’s needs. No refunds will be provided for Browse & Buy Ecopia Products, for any reason whatsoever, after the user has accepted the Ecopia Products and been given access to download the purchased Ecopia Products, regardless of whether or not the user has actually downloaded the purchased Ecopia Products.

Customer Order Ecopia Products may be ordered to meet the user’s specified requirements and may be generated based on source imagery provided by the user or based on source imagery provided by one of Ecopia’s imagery providers. Custom Order Ecopia Products are generated following acceptance of the order by Ecopia. If Ecopia accepts an order, Ecopia will produce the requested Ecopia Products in accordance with the applicable Product Specifications. Any custom feature requests will be produced on a “best efforts” basis subject to the customer’s approval. Purchasers of Custom Order Ecopia Products will be given the opportunity to review the Ecopia Products to ensure that the Ecopia Products meets the user’s needs, and to use a quality assurance interface to provide feedback and request corrections to the Ecopia Products. Ecopia may act on any feedback in its sole discretion. Users will be given an opportunity to review the final Ecopia Products prior to purchase. No refunds will be provided for Custom Order Ecopia Products, for any reason whatsoever, after the user has accepted the Ecopia Products and been given access to download the purchased Ecopia Products, regardless of whether or not the user has actually downloaded the purchased Ecopia Products.

Evaluation License

The Ecopia Platform may provide you with view-only access to view certain Ecopia Products prior to purchase (the “Sample Datasets”), along with background imagery that is provided as a backdrop to the Ecopia Products (the “Background Imagery”). Subject to your compliance with these Platform Terms of Use, and the Additional Terms, Ecopia grants you a temporary, non-exclusive, non-transferable, non-sublicensable, revocable, limited license solely to view the Sample Datasets and the Background Imagery solely for the purposes of evaluating the Ecopia Products.

You shall not use the Sample Datasets or the Background Imagery for commercial purposes or attempt to copy, reproduce, share, or distribute the Sample Datasets or the Background Imagery to any third party. You shall not attempt to reverse-engineer the Sample Datasets or the Background Imagery or use the Sample Datasets or Background Imagery for the purpose of developing, training, testing, or validating any machine learning or artificial intelligence technologies. You shall not remove, bypass or circumvent any electronic or other forms of protection included on or with the Ecopia Platform (or web map tile service (WMTS), and shall not attempt to scrape, crawl, or otherwise collect, copy, extract, download, or store any portion of the Sample Datasets or the Background Imagery, whether manually or through automated means. You shall not use the Sample Datasets or Background Imagery for the purpose of recreating similar data or for improving the accuracy of similar data. If you are permitted to download the Sample Datasets or the Background Imagery, then you must cease all access and use, and delete all copies, of the Sample Datasets and Background Imagery, upon conclusion of the evaluation period. Unless otherwise specified, the maximum evaluation period for the Sample Datasets and the Background Imagery is ninety (90) days from the date access is provided.

The Sample Datasets and Background Imagery are provided “as is”, and Ecopia and its licensors disclaim all representations, warranties, obligations, and liabilities, whether express, implied, or statutory, to the maximum extent permitted by law. Ecopia and its licensors expressly disclaim any warranty of merchantability, fitness for a particular purpose, any warranty regarding quantity, quality, accuracy, completeness, reliability, timeliness or continued availability of the Sample Datasets and Background Imagery. To the maximum extent permitted by applicable law, Ecopia and its licensors assume no liability or responsibility for any personal injury or property damage resulting from your access to and use of the Sample Datasets and Background Imagery, any errors or omissions in the Sample Datasets and Background Imagery, or any loss or damage incurred as a result of the use of, or inability to use, the Sample Datasets and the Background Imagery. Ecopia and its licensors will not under any circumstances be held liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by use of the Sample Datasets and Background Imagery.

User Registration

When accessing the Ecopia Platform, you may be asked to provide certain registration details or other information to access your account. All the information you provide must be correct, current and complete and will be subject to our Privacy Policy. If you choose, or are provided with, any piece of information (such as username or password) as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person. You shall notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. If you choose to purchase a license to Ecopia Products, you will be redirected to a third party service that handles financial information.

You may be permitted to invite one or more additional individuals to access the Ecopia Platform in connection with your account (each, a “Team Member”). Each Team Member must have their own registered Ecopia Platform account, subject to these Ecopia Platform Terms of Use. Team Member seats may not be sold, transferred or made available to any third party. You are responsible for the acts and omissions of each of your Team Members, and for ensuring that each of your Team Members complies with these the Platform Terms of Use and the other Additional Terms.

User-Uploaded Data

The Ecopia Platform may offer users the ability to upload data to a data store (the “Data Store”) for the purposes of purchasing a license to Ecopia Products (e.g., source imagery, an area-of-interest boundary file). If you upload any data to the Data Store, you agree to upload only data for the purpose of purchasing a license to Ecopia Products. You agree not to upload any data to the Data Store that you do not have the legal right to use or reproduce. You agree not to upload personal identifying information, financial information, or other sensitive information to the Data Store, or any malicious files or code. Ecopia reserves the right to remove any data uploaded by you to the Data Store at any time, for any reason, without warning, with no compensation to you. Ecopia is not liable for the loss of any data uploaded to the Data Store.

If you upload source imagery to the Data Store, you represent and warrants that you have the necessary rights in the imagery to do so, and further have the necessary rights to permit Ecopia to extract the desired Ecopia Products from the source imagery, to be licensed back to you (or a third party End User), under the terms of the applicable End User License Agreement and/or Distributor License Agreement. You agree to indemnify Ecopia from and against any claims, damages, liabilities, costs and expenses in case of any actual or alleged infringement of any intellectual property rights related to source imagery you upload to the Data Store.

Intellectual Property

All right, title and interest, including all intellectual property rights, in the Ecopia Products (whether Browse & Buy Ecopia Products or Custom Order Ecopia Products, and whether generated from Ecopia-sourced imagery or customer-sourced imagery uploaded to the Data Store), to the Sample Datasets, and the Background Imagery, and all technologies used or advanced in the creation of the Ecopia Products, the Sample Datasets, and the Background Imagery, are the sole and exclusive property of Ecopia or its licensors, as applicable. All rights not expressly granted to you in these Platform Terms of Use are reserved by Ecopia or its licensors, as applicable.

Quality Assurance Feedback

As described above under Purchasing Ecopia Products, the Ecopia Platform may offer users the ability to conduct quality assurance and provide feedback on Ecopia Products. If you provide any feedback, comments, suggestions, reports of defects, suggestions for modifications, or other similar information you provide to Ecopia about or in connection with the Ecopia Products or related services (“Feedback”), then Ecopia will have to right to use or otherwise exploit the Feedback for any purpose, without compensation to you and without any restriction or obligation to you.

Product Specifications

You agree that the Product Specifications constitute the confidential information of Ecopia. You agree to maintain such confidential information in confidence, not to publish or disclose such confidential information to any third party, and you agree not to use such confidential information for any purpose other than evaluation of the Ecopia Products.

Warranty and Disclaimer

The Ecopia Platform is provided “as is” and “as available”, without any warranty, representation, or condition of any kind, whether express, implied, or statutory. Ecopia does not warrant that access to the Ecopia Platform (including subscription to the Pro Plan) will be uninterrupted or error-free, that any particular Ecopia Product will be available for order. Ecopia makes no guarantee of uptime or availability. Any warranty in respect of Ecopia Products is given solely under the EULA or the DLA, as applicable.

Limitation of Liability

To the maximum extent permitted by law, Ecopia, its affiliates and its licensors will not be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, or for any lost profits, lost revenue, lost business, loss of goodwill, business interruption, loss of data or cost of substitute services, arising out of or relating to use of the Ecopia Platform (including subscription to the Pro Plan), whether or not Ecopia has been advised of the possibility of such damages, and whether the claim arises in contract, warranty, negligence, strict liability, tort, by statute or otherwise. To the maximum extent permitted by law, the aggregate liability of Ecopia, its affiliates and its licensors arising out of or relating to use of the Ecopia Platform (including subscription to the Pro Plan), will not exceed the amount of subscription fees paid by you to Ecopia in the twelve (12) months immediately preceding the event giving rise to the claim.

Indemnification

You will defend, indemnify and hold harmless Ecopia, its affiliates, its licensors from and against all claims, demands, actions, damages, liabilities, losses, costs and expenses, including reasonable legal fees, arising out of or relating to your use of the Ecopia Platform (including subscription to the Pro Plan), any act or omission of any of your Team Members, any unauthorized use of your account or credentials, and any breach by you or any of your Team Members of these Platform Terms of Use or the Pro Plan Subscription Terms.

Payment Options

If you choose to purchase a license to any Ecopia Products, you will be redirected to a third party service that handles financial information. The fees charged for Ecopia Products are exclusive of all sales, use, value-added, goods and services, withholding and other taxes, duties and similar charges (“Taxes”). Such Taxes may be charged by the third party service - you are responsible for all Taxes applicable to your purchase of Ecopia Products.

Platform Referral Program

Qualified users may be invited to participate in Ecopia’s Platform Referral Program (the “Platform Referral Program”). The Platform Referral Program is a marketing initiative that is designed to reward loyal users who refer new customers to the Ecopia Platform. If you are invited to participate, then you may be eligible for discounts, rewards, or other compensation as set out in the Platform Referral Policy.

General

These Ecopia Platform Terms of Use and any Additional Terms constitute the entire agreement between you and Ecopia with respect to your use of the Ecopia Platform, and supersede all prior and contemporaneous understandings, representations and agreements with respect to that subject matter. You may not assign or transfer your Ecopia Platform account, your subscription to the Pro Plan, or any rights or obligations therein, whether by operation of law or otherwise, without Ecopia’s prior written consent, and any attempted assignment or transfer without that consent is void. Ecopia may assign these Ecopia Platform terms of Use and any Additional Terms without restriction. No failure or delay by Ecopia in exercising any right under these Ecopia Platform terms of Use or any Additional Terms operates as a waiver of that right. Any waiver must be in writing and applies only to the specific instance for which it is given. If any provision of these Ecopia Platform Terms of Use or any Additional Terms is held to be invalid or unenforceable, that provision will be restated to the maximum extent enforceable in a manner consistent with its original intent, and the remaining provisions will continue in full force and effect.

Governing Law and Dispute Resolution

These Ecopia Platform Terms of Use and the Pro Plan Subscription Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You and Ecopia submit to the exclusive jurisdiction of the provincial and federal courts located in Ontario, and agree that any proceeding will be brought in Toronto, Ontario, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction. The prevailing party in any proceeding is entitled to recover its reasonable legal fees. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Survival

Licenses to Ecopia Products that were validly granted under the EULA or the DLA before termination of these Ecopia Platform Terms of Use are not affected by termination of your access to the Ecopia Platform or the end of your subscription to the Pro Plan. The sections “Evaluation License” (as to deletion, restrictions, and waiver), “User-Uploaded Data” (as to deletion, restrictions, and waiver), “Intellectual Property”, “Quality Assurance Feedback”, “Warranty and Disclaimer”, “Limitation of Liability”, “Indemnification”, “General”, “Governing Law and Dispute Resolution”, and “Survival” survive termination of your access to the Ecopia Platform. The sections in the Pro Plan Terms of Use titled “Data Credits” (as to expiry and forfeiture), “Ordering and No Refunds”, “Suspension and Termination”, and “Confidentiality” survive the end or termination of your subscription to the Pro Plan.