Terms of Use

Last Updated: May 31, 2024

Sabreez, PBC (Sabreez, sabreez.com, we, or us) provides sabreez.com (the Site) and the Services available on the Site subject to these Terms of Use.

YOU UNDERSTAND THAT BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT USE THE SERVICE.

If you agree to these Terms of Use, you represent that you have the necessary capacity to enter into a binding legal contract. If you agree to these Terms of Use on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Use and your agreement to these terms will be treated as the agreement of the business.

1. PRIVACY. We take your privacy seriously. We collect and use the information you provide to us in accordance with our Privacy Policy, which also governs your access to the Service. We encourage you to read the Privacy Policy in its entirety.

2. THE SERVICE.

2.1 Description. The Service provides you with energy data that shows Sabreez’s Clean Energy Factor, Wind Number, and Solar Boost, and forecast values for these variables over the period of a day or longer.

2.2 License. Use of our Service requires that you license our Technology from Sabreez PBC.

2.3 Personal Non-Commercial Use. Subject to your compliance with these Terms of Use, you may access and use the Service for your own personal non-commercial use. Sabreez encourages distribution of our images presented on our website to promote energy usage during periods when the Clean Energy Factor is elevated, subject to the Terms and Conditions of this agreement.

2.4 Commercial Use. Sabreez earns revenue through licensing our Service for commercial use. Our real-time application programming interface (API) and our clean energy forecast API may be licensed by entering into a written Commercial Software License Agreement with Sabreez.

2.5 Limited Commercial Use. Sabreez may revoke your privilege to distribute images presented on our website and copied by a user at any time.

2.6 Changes in the Service. Sabreez.com reserves the right, in its sole discretion, to add, exclude, and discontinue functionality in the Service and to make changes and modifications in the specifications, design, and construction of the Service.

3. RIGHTS YOU GRANT TO US REGARDING YOUR INFORMATION.

3.1 The Service collects information that you choose to provide (collectively “Information”). By submitting Information to us, you are licensing that Information to us for the purpose of providing the Service to you. By submitting Information to us—or allowing us to collect such Information—you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.

3.2 Right to Create and Use Anonymous and Aggregate Data. By using the Service, you expressly authorize us to create from the Information we collect on identifying anonymous or aggregate data and to use and disclose such anonymous or aggregate data in a non-personally-identifiable manner. We own all right, title, and interest in and to the anonymous and aggregate data we create.

4. INTELLECTUAL PROPERTY OWNERSHIP AND RESTRICTIONS.

4.1 Title. The contents of the Site and Service, including their “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including websites), and other material are protected under applicable patent, copyright, trademark, and other laws protecting intellectual property. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site or Service. We own all right, title, and interest, including all worldwide patent rights, copyrights, trademarks, service marks, trade secret rights, design rights, moral rights, and all other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), in the Site and Service. All rights not expressly granted to you in these Terms of Use are reserved by us.

4.2 Restrictions on Use. In using the Service, you agree to comply with these Terms of Use and all applicable federal, state, and local laws. In addition, and without limitation, you agree that you will not:

(a) use or attempt to use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Site or Service or any portion thereof, without Sabreez’s express written consent, which may be withheld at our sole discretion;

(b) post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or Service;

(c) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service, including the Site;

(d) use the Service, including the Site, to process data or provide any service bureau activity for any third party;

(e) attempt to disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by us;

(f) collect, or attempt to collect, any personal data about other users without their express permission;

(g) post or transmit any message which: (i) is libelous, defamatory, indecent, obscene, pornographic, harassing, or abusive, (ii) encourages conduct that would violate law, (iii) discloses private or personal matters concerning any person, (iv) would violate the property rights of others, or (v) is otherwise inappropriate;

(h) copy or use personal identifying or business contact information about other users without their permission; or

(i) encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Use.

5. PROVIDING FEEDBACK AND POSTING CONTENT. Various areas of the Service may allow you to post or provide comments, questions, feedback, and other content (“Shared Content”). However, by posting or providing “Shared Content” through the Service you agree: (a) you are responsible for all Shared Content you submit to sabreez.com; (b) you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Shared Content in connection with our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels; and (c) you hereby grant each user a non-exclusive license to access your Shared Content and to use, reproduce, distribute, prepare derivative works of, display, and perform such content.

6. INDEMNIFICATION. You agree to indemnify, and hold Sabreez and its agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Site or Service; (b) your violation of these Terms of Use; (c) your violation of any third party right, including without limitation any Intellectual Property Right or any publicity, confidentiality, property, or privacy right; or (d) any claim that your use of the Site or Service caused damage to a third party.

7. NO WARRANTY AND DISCLAIMER. YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. SABREEZ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, COURSE OF DEALING, TRADE, QUIET ENJOYMENT, OR ACCURACY OF INFORMATIONAL CONTENT OR RESULTS OR SYSTEM INTEGRATION) AND ANY WARRANTIES OR CONDITIONS ARISING UNDER ANY OTHER LEGAL REQUIREMENT.

8. LIMITATION OF LIABILITY. IN NO EVENT WILL SABREEZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SABREEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL SABREEZ’S CUMULATIVE LIABILITY TO YOU EXCEED THE FEES PAID BY YOU DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

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9. MODIFICATION. We reserve the right to modify these Terms of Use, at any time and without advance notice. If we modify these Terms of Use, the modification will be posted on the Site or within the Service. We will also update the “Last Updated Date” in these Terms of Use. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Service, and if applicable, cancel your Account. By continuing to access or use the Site or Service after we make any such revision, you agree to be bound by the revised Terms of Use.

10. General.

10.1 Entire Agreement. These Terms of Use are the entire and exclusive agreement between sabreez.com and you regarding the Site and the Service, and supersede and replace any prior agreements between sabreez.com and you regarding this Service.

10.2 Severability and Waiver. In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of sabreez.com to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

10.3 International Trade Compliance. You agree not to export or re-export the Service except in compliance with the export control laws of any relevant jurisdiction.

10.4 Governing Law. These Terms of Use and the relationship between you and Sabreez will be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

10.5 Subordination. These Terms of Use are subordinate to our Commercial Software License Agreement. If any term applicable to a Commercial Licensee is found to be in conflict with an executed Commercial Software License Agreement, the Commercial Software License Agreement shall determine the terms of the contract.

10.6 Notice. Any notice or other communication to be given hereunder will be in writing and given by you via email to sabreez.dev@gmail.com or to such other addresses as sabreez.com may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

10.7 Questions. If you have questions about these Terms of Use please contact sabreez.com by email to sabreez.dev@gmail.com

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