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Terms and Conditions

The following Terms and Conditions are in effect for all ESP Apps in Energy Success and must be confirmed each time an ESP App is run.

Prerequisites

In order to use our service, you must have a valid Workfront Enterprise Account. Refer to www.workfront.com for details.

Account Balance

To encourage you to try our Service, we are pleased to provide you with a complimentary initial balance of $0. You may use it to run any ESP App in the Energy Success. As that initial balance is depleted, you can increase your Account Balance via our secure e-Commerce provider, Moneris. For your convenience, you may either Pay-as-You-Go, or Prepay. Prepayments may entitle you to Discounted Prices. Receipts will be issued each time you make a Payment.

ESP App Tests

We want to minimize the chance that anything might go wrong with your data. Before we run any ESP App , our first step is to perform some tests to see if anything might prevent the ESP App from being successful. These tests are always free of cost.

ESP App Pricing

Please take note of the following points around Pricing:
  • All prices are in USD.
  • Each ESP App is priced separately, based on the value of its functionality and the amount of data being updated.
  • On average, we strive to price our ESP Apps at 1/5th the cost of what it would take to perform the same activity 'By Hand' in Workfront.
  • We provide a free Test button to compute what the charge will be for running any ESP App.
  • After you run an ESP App, the charge will be applied to your Account Balance.
  • A detailed report of every ESP App run is available under My Account.
  • If the cost of running an ESP App will cause you to exceed your Account Balance, you must first increase it by either Pay-as-You-Go, or Prepaying some other larger amount. Prepayments may entitle you to Discounted Prices.
  • Receipts will be issued each time you make a Payment.
  • You may make Payments as frequently as you wish.
  • We may adjust our Pricing over time.

Refund Policy

Given that the nature of the service is the manipulation of data, there are no refunds for running an ESP App. Customers who have Prepaid their Account Balance may request a refund of their unused remaining balance within 30 days of that Prepayment, less a $50 administrative fee. Any complimentary amounts are not eligible for refund.

Liability

The ESP Apps on our website manipulate data in your Workfront on-demand environment(s). By using our services, you are agreeing that:
  • That you are authorized to perform such manipulation.
  • That you have read and understand the nature of every ESP App you run.
  • That you are required to run the Test button and have reviewed the test results before any data manipulation occurs.
  • That you are responsible for the results of the manipulation as if you had performed them yourself via Workfront.
Neither the operators of this website nor Workfront Inc. shall be liable for the resulting state of the data after manipulation.

END USER LICENSE AGREEMENT (EULA)

BY CLICKING THE ACCEPTANCE BUTTON OR USING THE ATAPPSTORE SOFTWARE (THE "SOFTWARE") THE INDIVIDUAL OR ENTITY LICENSING THE SERVICE ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT USE THE SOFTWARE.
  1. LICENSE GRANT. Energy Success Platform Inc ("ESP") grants Licensee a non-exclusive and non-transferable license to use for personal or internal business purposes the online version of the Software. This license does not entitle Licensee to receive from ESP hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Software. Licensee may not customize or redistribute the Software. In the event Licensee wishes to redistribute or sublicense the Software, either for profit or otherwise, Licensee must first obtain written permission from ESP to do so.

  2. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, Licensee may not: (i) modify or create any derivative works of the Software or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Software; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Software; or (v) publish any results of benchmark tests run on the Software to a third party without ESP's prior written consent.

  3. TERMINATION. Without prejudice to any other rights, ESP may terminate this Agreement if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall cease all use of the Software.

  4. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Software shall remain in ESP. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with ESP ownership of or rights with respect to the Software. The Software is protected by copyright and other intellectual property laws and by international treaties. Licensee agrees, at its expense, to defend and hold ESP and its affiliates harmless from any and all costs, damages and reasonable attorneys' fees resulting from any claim that Licensee's use of the Software has injured or otherwise violated any right of any third party or violates any law.

  5. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT ESP OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

  6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ESP OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, ESP'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE SOFTWARE RECEIVED BY ESP UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ESP TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.

  7. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, ESP specifically disclaims any express or implied warranty of fitness for High Risk Activities. Licensee agrees that ESP will not be liable for any claims or damages arising from the use of the Software in such applications.

  8. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) This Agreement may be amended only by a writing signed by both parties. (c) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the Province of Alberta, Canada, excluding its conflict of law provisions. (d) Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in Calgary, Alberta, with the losing party paying all costs of arbitration. (e) This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. (f) If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect. (g) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. (h) The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination. (i) Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity. (j) This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. (k) Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. (l) The relationship between ESP and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind ESP in any way. (l) ESP may change the terms of this Agreement from time to time. By continuing to use the Software beyond a period of 30 days after notice of such change has been provided on a public website of ESP or its affiliate for the first time, Licensee signifies its consent to the revised terms.