Terms of Use

1. Who we are and what these terms cover

observatory.global and every site on it (the service) are operated by Nexus Observatory Inc. (we, us), a Canadian company and an Ellipi Group company, located in Toronto, ON M4R 1V2. You can reach us at contact@observatory.global.

These terms apply when you visit the service, create an account, take part in the community or contribute stations and data. By using the service, or by ticking the box when you create an account, you accept them. If you do not accept them, do not use the service.

2. Other rules that form part of these terms

The following documents form part of these terms. If they conflict, these terms prevail, except that the specific rules of the contributor terms prevail for contributions.

• Acceptable Use Policy and Community Code of Conduct
• Community Moderation and Notice-and-Action Policy
• Copyright Policy
• Contributor and Data Contribution Terms

Our Privacy Policy and Cookie and Storage Notice explain how we handle personal information; they are not a contract you must accept.

Products and services are sold only under a separate written agreement. Nothing on the service is an offer to enter into a contract, a price quotation or a commitment to supply. Estimates, plans and tools on the service are information only. If you sign a separate agreement with us, that agreement governs the products and services it covers and prevails over these terms.

3. Who can use the service

You may browse the service without an account. To create an account you must be at least 16 years old and able to enter into a binding agreement. If you use the service for an organization, you confirm that you are authorized to accept these terms for it, and you also means that organization.

You may not use the service if the law prohibits you from receiving it, including under sanctions that apply to us or to you.

4. Your account

• Give accurate information and keep it up to date. Use your real name or a name people know you by; do not impersonate anyone.
• Keep one personal account. Do not share, sell or transfer it, or let others use it.
• Keep your password secret and turn on two-step sign-in. Two-step sign-in is required for stewards, moderators, organization administrators and staff.
• Tell us at once at contact@observatory.global if you think someone else has used your account. You are responsible for what happens through your account unless it was used without your fault.
• One account works on every site of observatory.global. Your profile and contributions follow the visibility settings you choose.

5. Using the service

We give you a personal, limited, non-exclusive, non-transferable and revocable right to use the service in line with these terms. You must follow our Acceptable Use Policy. In particular, you must not break the law, harm other people, interfere with the service or its security, or collect data from it by automated means except through the interfaces and limits we publish and in line with robots.txt.

We may change, add or remove features, and we may limit or stop the service or part of it. If a change removes a significant feature you rely on, we will tell account holders in advance where we reasonably can.

6. Your content

You keep ownership of what you post, upload or send through the service (your content). To run the service, you give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, adapt for format and size, translate, distribute and make your content available, as needed to operate, secure, improve and promote the service, and to the audience you choose. This licence ends when you or we delete your content, except for copies others have already shared, copies in backups until they are overwritten, and what we must keep for legal reasons. Data and other contributions are licensed under the contributor terms instead.

To the extent the law permits, you waive your moral rights in your content as needed for these uses, for example to resize an image or shorten a preview. You remain responsible for your content. You confirm that you have the rights needed to post it and that it does not infringe anyone's rights or break the law.

If you send us ideas or feedback, we may use them freely and without obligation to you.

7. Points, badges and trust levels

The service shows points, badges, ranks and trust levels to recognize verified contributions and to open features gradually. They are recognition only:

• They have no cash or monetary value and are not money, a currency, a payment, stored value, a voucher, a security or an investment.
• They cannot be bought, sold, transferred, traded, pledged, inherited or exchanged or redeemed for money, goods, services or anything else of value, and they give no right to any share of our revenue, profits or assets.
• Points never buy a trust level. We award, adjust or remove them according to published rules, and we may change those rules, reset points or end the programme.
• We may remove points, badges or levels obtained by error, fraud, manipulation or a breach of these terms.

Nothing on the service is an offer of payment, income or any other financial benefit for taking part. Any future programme that pays for data, hosting or services would be offered only under separate written terms signed by us, and would not apply retroactively.

8. Information, maps and tools

The service publishes observations, maps, models, estimates, planning tools and guides. They are provided for information. They may be incomplete, delayed or inaccurate, and they are not professional, engineering, legal or regulatory advice.

The service is not an emergency or warning service. Do not rely on it to protect life, health or property. Official warnings, dispatch and other official acts remain with the competent public authorities; in an emergency, contact your local emergency services.

Before you install equipment, transmit on a radio frequency or work on a site, check the rules that apply, obtain the permissions and licences you need and use qualified people.

9. Our content and trademarks

The service, its design, software, text and graphics are protected by copyright and other laws and belong to us, our group or our licensors. Content we publish under an open licence, such as open data, open-source code or openly licensed guides, may be used under that licence, which is shown with the content. Third-party data keeps its source licence and attribution.

The Nexus Observatory name and logos are trademarks of our group. You may not use them in a way that suggests we endorse you or your products, or as part of your own name, product or domain, without our written permission.

10. Third-party content and links

The service contains content from other members and links to, or layers from, other organizations. We do not control them and are not responsible for them, but you can report content to us at any time. Your use of another organization's website or service is governed by its own terms.

11. Moderation and enforcement

We may review content and accounts and take proportionate action when content is illegal or breaks these terms: hide or remove content, limit features, issue a warning, suspend an account or close it. Our moderation policy describes our restrictions, procedures, the role of automated tools and human review, how we notify you with a statement of reasons and how to appeal. It forms part of these terms.

We apply these rules diligently, objectively and proportionately, with due regard to the rights and legitimate interests of everyone involved, including freedom of expression.

12. Ending your use

You can stop using the service and delete your account at any time from Account, Privacy. We may suspend or close your account, with a statement of reasons, if you seriously or repeatedly break these terms, if the law requires it, or if your account has been inactive for more than 3 years after we warn you by email at least 30 days before. Sections on your content, recognition, information, disclaimers, liability, indemnity and disputes survive the end of this agreement.

13. Changes to these terms

We may change these terms, for example to reflect new features or changes in the law. We will tell account holders about a significant change by email or on the site at least 30 days before it takes effect, unless a shorter period is needed for legal or security reasons. If you do not agree, you may delete your account before the change takes effect; otherwise the new terms apply from that date. Changes do not apply to disputes that arose before them.

14. Disclaimers

The service is free and provided as is and as available. To the extent the law permits, we make no promises about the service beyond those in these terms, including any implied warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement, and we do not promise that the service will be uninterrupted, error-free or secure.

Your rights as a consumer are not affected. If you are a consumer, nothing in these terms limits the rights you have under the mandatory law of the place where you live, including the Quebec Consumer Protection Act and the consumer laws of the European Union and the United Kingdom.

15. Limitation of liability

To the extent the law permits, we are not liable for indirect, incidental, special or consequential losses, or for loss of profits, revenue, data or goodwill, arising from the service. Our total liability for all claims relating to the service is limited to the greater of CAD 100 and the amount you paid us for the service in the 12 months before the claim. The service is free, so in most cases that amount is CAD 100.

These limits do not apply to liability that cannot be limited by law, including liability for death or bodily injury caused by negligence, for fraud, for intentional or gross fault, or for moral or bodily injury in Quebec, or to your rights as a consumer.

16. Indemnity

If you use the service for a business or organization, you will compensate us for reasonable losses and costs, including reasonable legal fees, arising from a third-party claim caused by your content or your breach of these terms. We will tell you about the claim promptly and let you take part in its defence. This section does not apply to consumers.

17. Governing law and disputes

Please contact us first at contact@observatory.global; most concerns can be resolved quickly. These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Ontario, sitting in Toronto, have jurisdiction over disputes about the service.

If you are a consumer, you also keep the protection of the mandatory law of the place where you live and may bring proceedings in the courts there. In particular, if you are a consumer in Quebec, Quebec law applies and you may bring proceedings in Quebec. These terms contain no arbitration clause and no class action waiver.

18. General

• Whole agreement: these terms and the documents in section 2 are the whole agreement between you and us about the service, except a separate written agreement under section 2.
• Severability: if a court finds part of these terms unenforceable, the rest stays in force.
• No waiver: if we do not enforce a right at once, we do not give it up.
• Transfer: we may transfer this agreement to a company of our group or to a successor of the service, and will tell you. You may not transfer it without our consent.
• Notices: we may send notices to the email address on your account or show them on the service. You may send notices to contact@observatory.global.
• Events beyond control: we are not responsible for delays or failures caused by events beyond our reasonable control.
• Language: these terms are available in English and in French, and both versions are equally valid. You may choose the version you prefer. Les présentes conditions sont offertes en français et en anglais.