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Terms of Use - DTPR Guide App

These Terms and Conditions (“Terms”) were last updated on November 7, 2022.

By using or accessing our Guide App, you agree to comply with these Terms. These Terms contain disclaimers where you release any claims to damages from Us. If You do not agree to the Terms, You must not use the Guide App.

HELPFUL PLACES INC. (“Helpful Places”, “Us”, “We” or “Our”) is a company whose aim is to improve trust and foster meaningful dialogue between businesses, institutions and the communities they serve (“Communities”) by enabling transparency practices for data collected by digital technologies deployed in the built environment, and how that data is used and stored.

HELPFUL PLACES IS THE STEWARD of an open-source “system-to-people” communication standard for digital technology in the built environment, known as Digital Trust for Places and Routines (“DTPR” or the “DTPR Standard”), that seeks to enable agency for people in the real world.

THE DTPR STANDARD consists of a taxonomy of terms and associated icons, a design guide specifying their use as well as a digital channel prototype. The DTPR Standard is free for anyone to use, provided they comply with the terms of the open-source licenses that govern their use. The DTPR Standard is available at https://github.com/helpful-places/dtpr.

The following Terms govern and apply to your (“You” or “Your”) use of Our web-based Guide App (the “Guide App”).

1. CHANGES

We may change these Terms at any time without notice, so You should review these Terms regularly to stay aware of any changes or modifications. We reserve the right to restrict access to the Guide App from time to time for any reason.

2. AGE RESTRICTION

By using this Guide App, You promise that You are at least 15 years old, or old enough to agree to these Terms without your parent or guardian wherever you live. If You are not, You must not use the Guide App.

3. PRIVACY

Please review our Privacy Policy, which also governs Your use of Our Guide App.

By using Our Guide App, You consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such information in compliance with Our Privacy Policy.

4. TRACKING AND ANALYTICS

Unlike most websites, Helpful Places website and the DTPR Platform do not collect any personal information about you for the purpose of tracking and analytics. Our website utilizes Plausible.io, a privacy friendly and open-source alternative that does not use cookies or other tracking technology.

Does Helpful Places collect any other data?

We do monitor use of the DTPR Guide App and collect and compile aggregated statistics. We use this data to understand engagement with the deployed DTPR signage, interactions with the information and content provided, and to get people’s feedback on the information displayed. We do share the aggregated statistics with the Deploying Organization, and may make findings and insights derived from them available publicly.

5. LICENSES, INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS

The DTPR Standard:

The Icons, Design Guide and Taxonomy for DTPR are licensed by the Digital Transparency in the Public Realm contributors under the Creative Commons Attribution 4.0 International ("CC BY 4.0"). Portions of the DTPR Icons incorporate elements of, or are derived from, the Material icons. The Material icons are available under the Apache License 2.0 ("Apache License 2.0”). The source code for the Digital Channel Prototype is licensed under Apache License 2.0.

Throughout these Terms, the “CC BY 4.0” license” and the “Apache License 2.0” are together called the “Open-Source Licenses”, and The Icons, Design Guide, Taxonomy, Material Icons and Digital Channel Prototype licensed under the Open-Source Licenses are together called the “DTPR Materials”.

The DTPR Standard is free for anyone to use in accordance with the terms of the Open-Source Licenses (including the sections about attribution). Our Guide App uses the DTPR Standard in compliance with the Open-Source Licenses.

The Guide App:

Helpful Places hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Guide App for the purpose set out herein in accordance with these Terms; and (b) access, view and print any information and documentation made available on the Guide App, for your personal, non-commercial and informational use only. Helpful Places may terminate this license and terminate your access to the Guide App at any time for any reason whatsoever. All rights not expressly granted herein are reserved solely for Helpful Places.

Helpful Places' name, its registered trademarks from time to time, its logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Helpful Places or its affiliates or licensors. You must not use them without getting our permission in advance in writing. Similarly, there may be logos, images, and other items which belong to other people or companies on the Guide App from time to time, and you must ensure you have their permission prior to using them. If you use them without permission of their owners, you may be breaking the law or violating the rights of the owners which could lead to legal action being taken against you.

You may only use the Guide App for Your personal and non-commercial use. You may not copy, download, share, modify, sell or display any of the material on Our Guide App (except for the DTPR Materials), in any way except for limited personal, lawful and non-commercial use.

6. PROHIBITED ACTIVITIES

You may not try to circumvent or violate the security of this Guide App, in any way, including: (a) accessing content and data that is not intended for You; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Guide App owner’s ability to monitor the Guide App; (f) using any robot, spider, or other automatic device, process, or means to access the Guide App for any purpose, including monitoring or copying any of the material on the Guide App; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Guide App via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Guide App.

7. USER SUBMISSIONS

The Guide App may contain interactive functions allowing You to submit content, material, or information, including to post, publish, display or transmit it (“Your Submissions”).

None of Your Submissions are confidential. By providing Your Submissions, including feedback, among others, to the Guide App, you give Us and Our affiliates and service providers, the right (“License”) to use Your Submissions for our business purposes without compensation to you. You also agree to waive any moral rights or other rights of authorship as a condition of submitting Your Submissions.

By submitting Your Submissions, You promise to us that You own or have all the necessary rights to submit Your Submissions to Us, You also promise that Your Submissions comply with these Terms and Conditions. You promise to Us that all Your Submissions comply with all applicable laws and regulations, as well as any site content standards We have set out in these Terms.

You understand and agree that You, not Us (nor any of Our affiliates, third party suppliers, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors,) are fully responsible for any Your Submissions that you submit or contribute, and You are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any of Your Submissions submitted by you or any other user of the Guide App.

8. ACCEPTABLE USES (SITE CONTENT AND USE STANDARDS)

You agree not to use the site and the information accessible through links from the website for any unlawful purposes. You agree not to take any action that might compromise the security of the Guide App or render the Guide App inaccessible to others or otherwise cause damage to the Guide App or its contents or Our general business. You agree not to use the site for any purpose prohibited in the Terms and in any manner that might interfere with the rights of others. You further agree not to use or access the Guide App:

  1. To harass, abuse, threaten or otherwise harm other people or entities or to encourage anyone else to do so;
  2. To do anything which might restrict or harm anyone else’s use of the Guide App;
  3. To impersonate anyone or use their identity in any way;
  4. To violate any intellectual property rights, including copying Our content, or submitting content that belongs to anyone else;
  5. To upload or otherwise disseminate any computer viruses or other malicious or harmful technology or to otherwise interfere with the working of this Guide App or to harm or damage anyone else or their property;
  6. To perpetuate any unethical, immoral, or illegal activity, including fraud or any kind or attempting to unlawfully gather information about others;
  7. To reverse engineer, or attempt to reverse engineer or disassemble, any code or software from or on the Guide App.

9. MONITORING, ENFORCEMENT, SUSPENSION AND TERMINATION

We may, without having to give you notice:

  • Remove or refuse to post any of Your Submissions on the Guide App for any reason or no reason as We may decide.
  • Do anything with respect to Your Submission that We believe is necessary or appropriate at any time, as We may decide, including, without limitation, for violating Our site content standards or these Terms.
  • Take any legal action that might be appropriate or required of Us, including, contacting law enforcement or any regulatory authority, or notifying anyone harmed (or potentially harmed, or likely to be harmed) by Your Submissions. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Guide App.
  • Terminate or suspend Your access to all or part of the Guide App for any or no reason, including for any violation of these Terms.
  • We will not be liable, and your release and indemnify us for any consequences of us taking any action or refraining from taking any action noted in this section.

    We are not required to, or responsible for, monitoring the Guide App or its use, and We do not and cannot review material that You or other users submit to the Guide App. We cannot promise that We will remove objectionable material promptly after it has been posted, and We are not responsible for anything We do or don’t do regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

    10. DISCLAIMERS

    The content on this Guide App is provided for general information purposes only. It is not intended to be advice for You to rely on. You must seek professional advice before taking, or refraining from, any action or inaction based on the content on this Guide App.

    Although We make reasonable efforts to update the information on Our Guide App, We can’t promise that the content on Our Guide App is always accurate, complete, or up to date. Your use of the Guide App is at Your own risk.

    This Guide App includes content, functions, products and services provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not reflect Our opinions. We are not responsible for or liable whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

    We make no promise that the website will meet Your needs or that the Guide App will be uninterrupted, error-free, or secure. You acknowledge that the Guide App remains under development and that frequent changes and occasional downtime are to be expected.

    THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    11. LIMITATION OF LIABILITY

    We will not be liable for indirect, consequential, or special damages that result from Your use of or inability to use the Guide App. You agree that Your access to the Guide App may be affected by unanticipated or unscheduled downtime, for any reason. We are not responsible for the security of the Guide App. While it is very unlikely to occur, We are not responsible for any damage to data, software, computer, telecommunications or other equipment (including damage caused by virus transmission) that You may experience as a result of visiting this Guide App or any of its links.

    The owner of the Guide App is based in Ontario in Canada.. This Guide App is not intended for use in any jurisdiction where its use is not permitted. If You access the Guide App from outside Canada, You do so at Your own risk and You are responsible for compliance with local laws of Your jurisdiction.

    EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY INDIRECT, OR CONSEQUENTIAL DAMAGES, AND INCLUDING, LOSS OF REVENUE OR LOSS OF PROFITS.

    12. INDEMNITY

    You agree to indemnify and hold Us harmless from and against any loss, cost, expense or damage arising out of any claim, suit, action or judgment brought against Us which relate to Your use or misuse of the Guide App, Your breach of the Terms or Your conduct or actions, all to the maximum extent permitted by law.

    13. THIRD PARTY WEBSITES

    For Your convenience, this Guide App may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Guide App. If You choose to access any such sites, You do so at Your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from Your use of them. You are subject to any terms and conditions of such third-party sites.

    14. ACCESSIBILITY & MODIFICATIONS

    We are always improving. As We grow, We will be building accessibility features into the Guide App to improve the experience for those of all ages and abilities, and at least to meet the standards set by the governments of Ontario and Canada. We are doing Our homework, but We are also always happy to receive Your comments or suggestions.

    15. JURISDICTION

    The Terms are governed by and shall be interpreted pursuant to the laws of Ontario and Canada as they apply, notwithstanding where you may be located or where you may live. If there is any dispute between Us and You, You agree that it will be resolved in the appropriate Ontario courts, or if We request it, by arbitration in accordance with the Arbitration Act of Ontario. You waive any right to object to the exercise of jurisdiction over you by such courts and to the venue of such courts.

    16. COMPLETE AGREEMENT

    The Terms constitute the whole legal agreement between You and Us and govern Your use of the website and any of its content.

    17. WAIVER

    No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

    18. SEVERABILITY

    If any section of these Terms is found to be invalid, illegal or unenforceable in any way, the court may interpret it or modify it to make such provision enforceable or, in the alternative, remove it without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

    19. REPORTING AND CONTACT

    This website is operated by Helpful Places Inc., located in Toronto, Ontario.

    All notices of copyright infringement claims should be sent to Us by e-mail at legalnotices@helpfulplaces.com

    Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to Us by e-mail at legalnotices@helpfulplaces.com.

    All other feedback, comments, requests for technical support, and other communications relating to the Guide App should be directed to Us by e-mail at hello@helpfulplaces.com