Terms of Use

1. Introduction

Slope Well Solutions Ltd. (“SWS” or “us”, “we”, “our”) owns and operates OrbitOrca, a commercial infrastructure and deployment platform tailored for AI-generated applications created by its users (“User Applications”). OrbitOrca connects directly to GitHub repositories to provide production-ready backend features like authentication, billing, payments, and hosting while allowing developers to keep ownership of their code and revenue associated with their User Applications. We have implemented these Terms of Use to govern your use of the OrbitOrca website orbitorca.com and app.orbitorca.com (the “OrbitOrca Website”), the OrbitOrca application (the “OrbitOrca Application”), and any related software, applications, webpages, and any information and content relating to the foregoing, including without limitation, HTML, software, code, data, text, documents, images, photographs, videos, icons, and designs (collectively, the "OrbitOrca Content").

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE ORBITORCA WEBSITE, THE ORBITORCA APPLICATION OR THE ORBITORCA CONTENT, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE. If you do not agree to these Terms of Use, then you have no right to access or use the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content. If these Terms of Use are being entered into by a corporation or other legal entity, you represent that you have the authority to enter into these Terms of Use to bind such entity and its affiliates to these Terms of Use as its authorized representative, in which case the terms “you” or “your” refer to such entity and its affiliates as well as you.

The OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content are not intended for use by minors (being individuals who are not of legal age in the jurisdiction in which they reside). If you are a minor, you should only use the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content with the permission and under the supervision of a parent or guardian.

2. Fees and Payment Terms

YOU ARE RESPONSIBLE FOR PROVIDING VALID CREDIT CARD AND/OR OTHER PAYMENT DETAILS AND FOR THE TIMELY INVOICING AND PAYMENT OF ALL FEES THE YOU HAVE AGREED TO PAY THROUGH THE ORBITORCA WEBSITE OR THE ORBITORCA APPLICATION (AS APPLICABLE). Please note that the payment information, including name and contact information, that you submit when you register may be used and shared with our payment processing services provider and otherwise used in accordance with our privacy policy or policies.

We may contact you via email regarding your account, for example, in connection with a problem with your credit card or payment account.

Unless we agree or state otherwise in writing, all fees and charges are nonrefundable.

3. Privacy Policies

Our privacy policy or policies (which may vary by jurisdiction) are available on our Privacy Policy page. Your access to and/or use of the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content is subject to the privacy policy applicable to you in your jurisdiction. You acknowledge that you have read such privacy policy, and you hereby consent to the collection, use, and disclosure of your personal information (which may also be referred to as your “personal data”, or similar, depending on the policy) for the purposes therein identified. You also grant us permission to anonymize or combine your personal information, if any, with that of others in a way that does not identify you or any individual personally for any business reason in our sole discretion, including without limitation to improve the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content.

4. License to Use

Subject to your compliance with these Terms of Use, we grant you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the OrbitOrca Website, the OrbitOrca Application and OrbitOrca Content. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content as provided by SWS, in the manner permitted by these Terms of Use.

5. Service Limitations and Interruptions

In addition to the set-up and operating requirements, there are certain other circumstances that may limit the availability or effectiveness of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content. The OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content can be interrupted for any reason that disrupts internet access or connectivity to underlying infrastructure, including in the event of:

• electrical power outages
• natural disasters
• electronic interference
• an outage affecting the data transport service
• failure of originating or terminating access lines
• network congestion and/or reduced routing speed of our network or another network (for example, due to spikes in usage volume), which may cause delays, service degradation, or unexpected downtime
• compatibility issues
• equipment or infrastructure failures relating to your equipment or our equipment, including hardware or software failures or misconfiguration affecting us, our offices, data centers, GitHub or other third-party integrations, cloud hosting providers, and/or any of our other service providers

6. Acknowledgements

YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:

• (A) WE DO NOT AND CANNOT GUARANTEE THAT THE ORBITORCA WEBSITE, THE ORBITORCA APPLICATION OR THE ORBITORCA CONTENT WILL BE CONTINUOUS OR ERROR-FREE. FOR EXAMPLE, THE ORBITORCA WEBSITE, THE ORBITORCA APPLICATION AND THE ORBITORCA CONTENT WILL NOT BE AVAILABLE OUTSIDE OF THE SERVICE AREA OR UNDER CIRCUMSTANCES SET FORTH ABOVE;
• (B) IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR ORBITORCA WEBSITE, THE ORBITORCA APPLICATION OR THE ORBITORCA CONTENT IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE ORBITORCA WEBSITE, THE ORBITORCA APPLICATION OR THE ORBITORCA CONTENT; AND
• (C) YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE ORBITORCA WEBSITE, THE ORBITORCA APPLICATION OR THE ORBITORCA CONTENT. ABUSE OF THE ORBITORCA WEBSITE, THE ORBITORCA APPLICATION OR THE ORBITORCA CONTENT MAY SUBJECT YOU TO CIVIL AND CRIMINAL FINES AND PENALTIES.

7. International Users

The OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content are controlled and operated within Canada. You are hereby prohibited from accessing or using the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content from any territory where the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content (or any portion thereof), is illegal. If you choose to access the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content from a location outside of Canada, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.

8. Information and Profile

If you opt to use the OrbitOrca Website, the OrbitOrca Application or any of the OrbitOrca Content, you agree to provide accurate, current and complete personal information about yourself or others as required, and to promptly correct, update, or complete this personal information as required. You acknowledge and agree that you have obtained or will obtain on a timely basis any and all consents required for us to collect, use and disclose personal information pursuant to our privacy policy or policies noted above. You acknowledge and agree that we will have no liability associated with or arising from your failure to obtain appropriate consents from others for such collection, use or disclosure of their personal information, or the failure to maintain and update personal information, including but not limited to your failure to receive any information with respect to the OrbitOrca Website, the OrbitOrca Application or any of the OrbitOrca Content.

You agree and authorize us to take any necessary steps in order to verify the personal information you provide. If there are reasonable grounds to suspect any or all of the information you provide is inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your current and future access to and use of the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content.

You agree that we may rely on the information you provide to send you information and notices regarding the OrbitOrca Website, the OrbitOrca Application and/or the OrbitOrca Content. If you register for any of our mailing lists, you agree that we may email you newsletters and promotional material. You may unsubscribe from the newsletters and other promotional material by following the unsubscribe link contained in such emails.

9. Access

Certain areas of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content may be restricted from access by you at any time, for any reason, without notice to you, in our sole and absolute discretion.

10. Conduct

You must comply with all applicable laws and regulations, and take all other required and appropriate actions in connection with your use of the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content.

You agree not to do any of the following:

• (a) use the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content for any illegal purpose in violation of any applicable municipal, provincial, territorial, federal or international law;
• (b) use the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content in a way that could harm, damage, or disrupt the OrbitOrca Website, the OrbitOrca Application, the OrbitOrca Content, our goods/services, or our business;
• (c) use the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content in a way that would adversely impact use of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content by other Users;
• (d) message, submit, upload, request, deliver, provide, or transmit any text, graphics, images, messages, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of privacy; (ii) violates or constitutes any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is unlawful, abusive, tortious, pornographic, libelous, defamatory, obscene, pornographic, hateful, vulgar, offensive or racially or ethnically objectionable; (iv) promotes discrimination, exploitation, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent, abusive, or threatening, or promotes violence, harassment, or actions that are threatening to any living thing; or (vi) promotes illegal or harmful activities or substances;
• (e) collect, use, disclose, or store personal information about any other individuals without their consent;
• (f) upload or otherwise disseminate any computer viruses, malware, or software that may damage the property of another;
• (g) reverse engineer, or attempt to reverse engineer or disassemble any OrbitOrca Content;
• (h) use the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content for any purpose for which it is not designed or intended, including without limitation any advertising or marketing purposes not expressly permitted under the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, or for the purchase, sale, or delivery of alcohol, controlled substances, or other restricted or illegal goods or services;
• (i) act as agent for SWS, or bind or make any representations on behalf of SWS (including with respect to any fees or other requirements provided or set by SWS from time to time);
• (j) violate the security of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network;
• (k) violate any applicable law or regulation or any person’s legal rights; or
• (l) encourage or enable any other individual or other person to do any of the foregoing.

You are responsible for the content you provide on the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, and you agree to act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other users of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content.

We reserve the right to delete or remove any content that may breach these Terms of Use, and to remove, suspend, or block any user or Profile that engages in any breach of applicable law or these Terms of Use, or that otherwise does not meet our service requirements.

If you believe that another user has violated these Terms of Use, abused the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, or otherwise acted inappropriately, you may report the user to us at support@orbitorca.com. We reserve the right, but assume no obligation, to investigate and take appropriate action in response to such reports. Regardless of our action or inaction, in no event will we be liable for the acts or omissions of any user or any third party.

We reserve the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law.

Without limiting the foregoing, you acknowledge that we have the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, to access, review, preserve and disclose any OrbitOrca Content, or to remove or disable access to any OrbitOrca Content, if we believe in good faith that it is reasonably necessary: (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body); (ii) to respond to claims asserted against us; (iii) to enforce and to ensure a user’s compliance with the Terms of Use, including the investigation of potential violations; (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues; (v) to protect our rights, property or safety, or that of our users or members of the public; and (vi) for the purpose of operating and improving the OrbitOrca Website, the OrbitOrca Application and/or the OrbitOrca Content (including for customer support purposes).

You agree to cooperate with and assist us or our representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.

Notwithstanding anything to the contrary in these Terms of Use, we reserve the right, in our sole and absolute discretion, to suspend, disable, restrict or remove access to, or ban, any User Application, and to suspend, restrict or terminate the account of any user, at any time, for any reason or no reason, and without notice or liability to you, including without limitation where we determine, in our sole discretion, that a User Application facilitates, promotes, or is used in connection with any illegal, fraudulent, unethical or harmful activity, or the marketing, sale, or delivery of any restricted, controlled or illegal goods or services.

11. User Applications; Right to Restrict or Remove

You acknowledge and agree that each User Application is created, developed, deployed, hosted and operated solely by you or other users of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, and that we do not review, screen, endorse, sponsor, approve or verify any User Application or its content. Our provision of hosting, deployment or other infrastructure services in connection with a User Application does not constitute, and shall not be construed as, any representation, endorsement, sponsorship or association by us with such User Application, its operator, or its content, and we may publicly disclaim any such association or affiliation at our sole discretion, including in connection with any suspension, restriction, removal or ban of a User Application under this Section.

12. Intellectual Property

The OrbitOrca Website, the OrbitOrca Application, the OrbitOrca Content, and any portion thereof, are protected by copyright, trademark, trade secret and other proprietary and intellectual property rights and laws. Such laws may be violated by unauthorized access and/or use of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content. Users of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content are solely responsible for ensuring that they comply with any applicable intellectual property laws, including without limitation copyright, trademark, and patent laws. We do not grant any license or other authorization to you under or to any of our trademarks or other copyrightable material or other intellectual property, unless we otherwise expressly agree in writing. Except as expressly provided in these Terms of Use, the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content may not be copied, reproduced, distributed, posted, downloaded, displayed, presented, transmitted, republished, modified, or otherwise exploited or used in any form or by any means without our prior express written consent.

For information about obtaining consent to use any OrbitOrca Content, please contact us at support@orbitorca.com.

Your posts and content (including any code, data, or other materials you submit) must be your own, or authorized by the third party owner of that content, and must not infringe on or violate any third party’s rights. By sharing information, content, or other subject matter on the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, including without limitation by posting text, images, or videos to the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, you agree that you are the author of that information, content, or other subject matter, or that you have the express right to post it to the OrbitOrca Website, the OrbitOrca Application and/or the OrbitOrca Content (as applicable), and you agree to irrevocably waive and release all moral rights or similar rights that may exist in that information, content, or other subject matter, and you grant us the non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable right to use, host, reproduce, adapt, publish, translate and distribute it in any and all media.

Names, words, logos, designs, graphics, titles, phrases, trademarks and the like displayed on the OrbitOrca Website, or the OrbitOrca Application or in the OrbitOrca Content may constitute our registered or unregistered trademarks, or that of third parties that have granted us a license to use such marks.

For information about obtaining consent to use such trademarks, contact us at support@orbitorca.com.

13. Third Party Content and Services

We are not responsible for and do not endorse, authorize, approve, certify, maintain, or control the content of any third party goods or services that may be referred to in, used by, or linked to, the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content. We do not make any representation or warranty of any kind, express or implied, regarding any third party goods or services, including, without limitation: (i) any representation or warranty regarding the legality, use, accuracy, currency, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information or content on or in such third party goods or services; (ii) any representation, warranty or condition regarding the merchantability and fitness for a particular purpose of any third party goods or services; or (iii) any representation or warranty that the operation of such third party goods or services will be uninterrupted or error free, that defects or errors in such third party goods or services will be corrected, or that such third party goods or services will be free from viruses or other harmful components.

We are not responsible or liable for any loss or damage caused as a result of your use of any third party goods or services referred to in, provided through, used by, or linked to, the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, nor are we responsible for the privacy practices of such third parties.

14. Feedback

We may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications of the OrbitOrca Website, the OrbitOrca Application, the OrbitOrca Content, and/or advertising and promotional materials relating thereto. You hereby grant to us a perpetual, worldwide, fully transferable, irrevocable, royalty-free license to use, reproduce, modify, create material enhancements or improvements from, distribute and display the Feedback in any manner and for any purpose.

15. Disclaimers

Your use of the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content is at your own risk. The OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content are provided "as is", without warranties or conditions of any kind, whether express or implied. To the fullest extent possible under applicable law, we disclaim all warranties and conditions, whether express or implied, statutory or otherwise, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose or use and warranties or conditions of title, non-infringement or other non-violations of rights.

We do not warrant or make any other representations regarding the use, accuracy, currency, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the OrbitOrca Content, the OrbitOrca Website, the OrbitOrca Application, the results from use of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, or otherwise regarding the OrbitOrca Content or the information, content, or other subject matter on any websites linked on the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content. We are not responsible or liable for any false or misleading statements made by any user of the OrbitOrca Website, the OrbitOrca Application, or the OrbitOrca Content.

Unless otherwise expressly stated, nothing contained on the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content shall be construed as providing advice to you.

16. Limitation of Liability

Under no circumstances shall we (including our affiliates, officers, directors, employees, agents, and successors) be liable to you or to any third party for any indirect, general, special, consequential, incidental, compensatory (whether expectation or consequential), liquidated, pecuniary, punitive, aggravated, or nominal damages or losses, or any other damages or losses of any kind whatsoever, including without limitation damages relating to negligence; telecommunication failures; OrbitOrca Website, OrbitOrca Application or OrbitOrca Content maintenance; internet delays or limitations; errors, mistakes, or omissions or inaccuracies in the OrbitOrca Content; loss; corruption; security or theft of data; viruses; spyware; lost revenue or profits; lost or damaged data; or economic loss; regardless of the cause of action, arising directly or indirectly from the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, including without limitation the access or use of, or the inability to access or use, any or all of the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content. Notwithstanding anything to the contrary contained herein, our liability to you for any direct damages arising from or related to these Terms of Use (for any cause whatsoever and regardless of the form of action) will at all times be limited to one hundred Canadian dollars (Cdn$100). The foregoing limitations shall apply to the fullest extent permitted by law in the applicable jurisdiction.

17. Indemnity

By accessing and/or using the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, you agree to indemnify, defend and hold harmless SWS and our affiliates, and SWS and our affiliates’ respective officers, directors, employees, agents, and successors (collectively, “SWS Parties”) from and against any liabilities, costs, demands, causes of action, damages and expenses (including reasonable legal fees and disbursements) (collectively, “Losses”) that may arise from your use of or inability to use the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, or those that are in any way related to your breach of any of the provisions of these Terms of Use.

Without limiting the generality of the foregoing, you further agree to indemnify, defend and hold harmless the SWS Parties from and against any and all Losses arising out of or in any way related to: (i) any User Application you create, develop, deploy, host, distribute or otherwise make available using the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content; (ii) any code, data, content or other materials incorporated into, or used in connection with, a User Application; (iii) any claim by a third party, including any end user of a User Application, arising from or relating to the functionality, performance, security, legality or availability of a User Application; (iv) any actual or alleged infringement, misappropriation or violation of a third party’s intellectual property, privacy or other proprietary rights arising from a User Application; (v) any breach of applicable law, regulation or third party right in connection with the creation, deployment, hosting, marketing, sale or operation of a User Application; and (vi) any dispute between you and any end user, customer or other third party arising from or relating to a User Application, regardless of whether such Losses arise from your act or omission, the act or omission of any end user of a User Application, or otherwise.

You agree that, at our option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense: (i) we may nevertheless participate in such defense or settlement negotiations and pay our own costs associated therewith; and (ii) you will not enter into any settlement or other compromise without our prior written approval (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.

18. Warranties

You represent and warrant to us that:

• (a) you have the power and authority to accept and agree to these Terms of Use;
• (b) you own or control all of the rights necessary to grant the rights and licenses granted herein;
• (c) you will not violate any federal, provincial, territorial, or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with your access to or use of the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content;
• (d) the exercise by us of the rights granted by you hereunder will not cause us to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and
• (e) all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.

19. Basis of the Bargain

You acknowledge and agree that the warranty, disclaimers, and limitations of liability set forth above are essential elements of the basis of the bargain between us and you, and will survive and apply even if your remedies are found or alleged to have failed of their essential purpose.

20. Exclusions

Nothing in these Terms of Use is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages, or exclusion of liability for loss or damage from death or personal injury. Accordingly, only the above limitations in these Terms of Use that are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent required by law.

21. Dispute Resolution

You agree to endeavour to resolve any dispute, claim or controversy arising out of or relating to these Terms of Use, or the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, by negotiations; however, if a dispute is not resolved by negotiation within 20 days of commencing negotiations, the dispute shall be submitted to arbitration by a single independent arbitrator who is acceptable to both you and us and whose expenses will be shared equally by you and us. The arbitration shall be held in Edmonton, Alberta. If we cannot agree on an arbitrator, the ADR Institute of Canada will appoint an arbitrator. The determination of the arbitrator will be conclusive, final and binding on you and us. The Arbitration Act (Alberta) or successor legislation will apply to the arbitration. Notwithstanding the foregoing, each party shall retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other proprietary or intellectual property rights.

22. Termination

We may terminate these Terms of Use, including any licenses contained or granted herein, at any time. Upon termination, you must cease to access and/or use the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content. This includes, without limitation, the obligation to destroy all content, and all related documentation and all copies thereof, which you obtained from the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content, whether under these Terms of Use or otherwise, and the obligation to take any additional or alternative reasonable steps that we may direct in respect of the termination.

23. Modifications and Updates to the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content

We reserve the right, in our sole discretion, to modify or discontinue offering the OrbitOrca Website, the OrbitOrca Application and/or the OrbitOrca Content, in whole or in part, including any webpage, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you. We also retain the right to impose limits on your use and storage of the OrbitOrca Content at our sole discretion at any time without prior notice to you.

You agree that we have no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.

24. Amendment

We may amend these Terms of Use at any time by posting new Terms of Use on the OrbitOrca Website, the OrbitOrca Application, and, if applicable, certain of the OrbitOrca Content. The amended Terms of Use shall automatically be effective when posted. We will post notice that the Terms of Use have been amended on the landing page of the OrbitOrca Website, the main page of the OrbitOrca Application (and, if applicable, a main page of the relevant OrbitOrca Content) for 30 days. The date of the version of these Terms of Use is stated at the top of the page. You agree to review such Terms of Use on a regular basis.

25. Electronic Communications

When you visit the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content (as applicable), or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this OrbitOrca Website, the OrbitOrca Application, and, if applicable, certain of the OrbitOrca Content. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

26. Severability

If any provision of these Terms of Use is held to be unenforceable, in whole or in part, by an applicable court of law, such holding will not affect the validity of the other provisions of the Terms of Use.

27. No Waiver

At no time do we waive our rights to enforce any terms or conditions as set out in this Terms of Use, even if any provision of the Terms of Use have been previously breached or unenforced.

28. Governing Law

These Terms of Use and the access to and use of the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to its conflict of law provisions. You agree to submit and attorn to the exclusive jurisdiction of the Courts of the Province of Alberta, Canada located in the City of Edmonton.

29. Entire Agreement

These Terms of Use, including our privacy policy or policies applicable to you, constitute the entire and exclusive understanding and agreement between you and us regarding your access to and use of the OrbitOrca Website, the OrbitOrca Application and the OrbitOrca Content and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and us and regarding the subject matter hereof.

30. Assignment

You may not assign, transfer, delegate or sublicense any of your rights or obligations under these Terms of Use, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. We may assign, transfer, delegate and/or sublicense our rights and obligations under these Terms of Use, in whole or in part, in our sole discretion, without restriction.

Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and assigns.

31. No Agency

Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

32. Survival of Terms

Any provisions of these Terms of Use that contemplate performance or observance subsequent to the expiration or termination of these Terms of Use shall survive such expiration or termination.

33. Remedies

Except as expressly set forth in these Terms of Use, the exercise by a party of any of its remedies under the Terms of Use will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.

34. Headings

The headings in these Terms of Use are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.

35. Third-Party Beneficiaries

Except as otherwise expressly set forth herein, these Terms of Use do not and are not intended to confer any rights or remedies upon any person other than the parties hereto.

36. Contact Us

For more information about these Terms of Use or any information or questions regarding the OrbitOrca Website, the OrbitOrca Application or the OrbitOrca Content, please contact us at: