Terms of Use

Effective Date: November 1, 2024 (see here for any prior versions)

Greyter Water Systems, Inc. (“Greyter”, “we”, “us”, or “our”) offers smart water solutions that are designed to save water and money by reducing the water and wastewater demands of commercial and residential buildings. In connection with these activities, Greyter owns the websites greyter.com and mygreyter.com and the Greyter mobile application (collectively, the “Platform”). Greyter also provides certain communications and services in connection with your access to and use of the Platform (collectively, the “Services”).

These Terms of Use (this “Agreement”) constitute a legally binding contract between Greyter and you (the “User”, “you”, or “your”) with respect to your use of the Platform and the Services. It is important that you carefully read and understand the terms and conditions of this Agreement and our Privacy Policy.

By downloading, accessing, or using the Platform, you agree to be bound by this Agreement and the Privacy Policy(the “Acceptance”).

SECTION 15 OF THIS AGREEMENT CONTAIN IMPORTANT PROVISIONS FOR RESOLVING DISPUTES THROUGH MANDATORY ARBITRATION AND A CLASS ACTION WAIVER.

If you do not agree to the terms and conditions of this Agreement or the privacy policy, then you must not access or use the Platform or the Services it offers.

1. Protecting Your Privacy

Personal information provided by you or collected by us in connection with your use of the Platform will be collected, used, and disclosed pursuant to the terms of our Privacy Policy, which is incorporated by reference and available at https://greyter.com/privacy/.

2. Modifications

We reserve the right to, at any time, change the terms and conditions of this Agreement, change the Platform and/or Services, including eliminating or discontinuing any feature of the Platform, or deny or terminate your use of and/or access to the Platform.

We also reserve the right in our sole discretion to revise and update the terms of this Agreement from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform and Services. If we make material changes to this Agreement, we will notify you through a notice on the Platform or by direct communication to you. The date that this Agreement was last revised is identified at the top of this Agreement. You agree to periodically review this Agreement in order to be aware of any such modifications, and your continued use shall be your acceptance of these modifications.

3. Disclaimers

THE PLATFORM, THE CONTENT, AND THE SERVICES AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO GUARANTEE OF COMPLETENESS, ACCURACY (EITHER WHEN POSTED OR WITH THE PASSAGE OF TIME), TIMELINESS OR OF THE RESULTS OBTAINED THEREFROM, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW, GREYTER DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND IMPLIED WARRANTIES AND CONDITIONS ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. GREYTER DOES NOT WARRANT THAT THE PLATFORM, OR ANY SERVICES AVAILABLE THROUGH THE PLATFORM, WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE, THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED, THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKES THE PLATFORM AND SERVICES AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GREYTER DOES NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, SERVICES, MERCHANDISE, OR OTHER INFORMATION PROVIDED THROUGH THE PLATFORM OR ON THE INTERNET GENERALLY. GREYTER CANNOT, AND DOES NOT, GUARANTEE YOUR SATISFACTION WITH YOUR USE OF THE PLATFORM. IN NO EVENT WILL GREYTER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE PLATFORM, FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF THE PLATFORM AND SERVICES.

4. User License

We grant you a limited, non-exclusive, non-transferable, non-sublicensable right and licence to access this Platform for the purpose of accessing and using the Services for personal, non-commercial use. Except with the prior and express consent of Greyter, any use of the Platform not explicitly granted in this Agreement, including for commercial, market research, promotional, or competitive purposes, is strictly prohibited. We reserve the right to pursue legal and equitable remedies against you for a breach of these licence terms.

Except as expressly permitted by this Agreement, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the Platform or the intellectual property of Greyter, or any portion thereof. You acknowledge and agree that the Platform is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws as described in further detail in Section 10 of this Agreement. You may not remove, alter, or reuse in any manner or for any other purpose, any copyright, trademark, or other proprietary notices that have been placed on the Platform. All rights not expressly granted to you by this Agreement remain the property of Greyter and/or its licensors and suppliers.

For the avoidance of doubt, this license does not include any resale or commercial use of the Platform or its contents; any derivative use of the Platform or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by Greyter in a separate license, your right to use any software, data, documentation or other materials that you access or download through the Platform is subject to this Agreement, the Privacy Policy, and any additional terms entered into with Greyter.

5. User Account

You can create an account on the Platform in order to use the Services. You agree that you will only register and use one (1) user account. You are responsible for ensuring the accuracy of your information and are responsible for all activities that occur under your account.

Any username and password chosen by or provided to you must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information. You agree not to provide any other person with access to the Platform or portions thereof using your username or password. You are solely responsible for all activity that occurs on your account, and we may assume that any activity under your account has been initiated by you. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for any password misuse or any unauthorized access.

You may deactivate your account at any time in accordance with Section 9 of this Agreement.

6. Submissions and Privacy

All information you submit to Greyter via the Platform will be considered to be the property of Greyter and Greyter is free to utilize any information you submit pursuant to its Privacy Policy.

7. Our Communications with You

By agreeing to terms set forth in this Agreement, you agree that you will receive transactional and administrative confirmations and communications from us in connection with your use of the Platform and such communications may be by way of the Platform, text, and/or email. No fee is charged for these electronic communications, but third-party messaging and data rates could apply. Reasonable commercial efforts will be used to deliver messages to the contact information you provide; provided, however, Greyter is not liable for delayed or undelivered messages. You may not opt out of receiving transactional communications sent to you in connection with your use of the Platform or interactions with us, and you consent to the handling of your personal information as described in the Privacy Policy. You further agree to resolve any disputes in accordance with and as described in this Agreement.

Please contact us at privacy@greyter.com for additional help.

8. Third-Party Websites and Links

For your convenience, the Platform may provide links to third-party websites or mobile applications. We make no representations about any other websites that may be accessed from the Platform. 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.

You may not create a link to any part of our Platform other than the homepage without our prior written consent. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with this Agreement. You agree to cooperate with us by immediately stopping any unauthorized framing or linking.

9. User Feedback

We welcome feedback, comments, and suggestions from you to improve our Platform and the Services (the “Feedback”). When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable, and transferable licence (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

10. Termination or Deactivation of User Account

You may close your account at any time by logging in to your account and following the instructions for account closure. We reserve the right to restrict or remove your access to the Platform, including disabling, suspending, or terminating your account, in our sole discretion at any time and from time to time, for any or no reason, including any violation of any provision of this Agreement.

11. Content Rights and Ownership of Intellectual Property

All content provided or otherwise made available by Greyter through the Platform, including, but not limited to, text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Platform, as well as their overall design and appearance (the “Content”) is owned, controlled, and/or licensed by or to Greyter and is protected by intellectual property rights and unfair competition laws in Canada and the United States.

All trademarks, service marks, trade names, logos, and graphics (the “Marks”) used in or on the Platform are registered or common law trademarks owned or licensed by Greyter for use in Canada and the United States. You may not make any use of any Marks or Content without the prior written consent of Greyter.

12. Copyright Infringement

If you believe that any content that resides or is accessible on or through the Platform infringes a copyright, please send a notice of copyright infringement (the “Copyright Notice”) containing the following information to Greyter:

• the claimant’s name and address and any other particulars that enable communication with the claimant;
• identification of the work or other subject matter to which the claimed infringement relates;
• a statement of the claimant’s interest or right with respect to the copyright in the work or other subject matter;
• the URL to which the claimed infringement relates;
• specification of the infringement that is claimed; and
• specification of the date and time of the commission of the claimed infringement.

The Copyright Notice may not contain an offer to settle the claimed infringement, including by way of hyperlink to such an offer, or a request or demand made in relation to the claimed infringement, including by way of hyperlink, for payment or for personal information. If the notice is non-compliant with the foregoing requirements, Greyter is not obligated to pass the notice on to the alleged infringer and to otherwise preserve that person’s identity for subsequent enforcement proceedings.

If a proper bona fide infringement notice is received by Greyter, it is Greyter’s policy to: (i) remove or disable access to the infringing material; (ii) and/or to notify the content provider, member, or user that it has removed or disabled access to the material.

Notice of claims of copyright infringement should be provided to Greyter via email to privacy@greyter.com or via mail to the following address:

Greyter Water Systems, Inc.
166 Saunders Rd, Unit 5
Barrie, ON L4N 9A4

13. Limitation of Liability

TO THE EXTENT ALLOWABLE BY LAW IN THE APPLICABLE JURISDICTION, YOU AGREE THAT GREYTER AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, LICENSORS, AND LICENSEES SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS TO OR USE OF THE PLATFORM, THE SERVICES, OR YOUR RELIANCE ON ANY CONTENT.

YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. TO THE EXTENT THE FOREGOING LIMITATIONS ARE NOT PERMITTED BY, OR ARE UNENFORCEABLE UNDER, APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF GREYTER AND ITS AFFILIATES EXCEED ONE HUNDRED DOLLARS ($100).

14. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD GREYTER AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, LICENSORS, AND LICENSEES HARMLESS FROM ANY DAMAGES, LOSS, LIABILITY, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM OR DEMAND DUE TO,ARISING OUT OF, OR RELATING TO YOUR ACCESS OR USE OF THE PLATFORM OR THE SERVICES, YOUR BREACH OF THIS AGREEMENT, AND/OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF SUCH THIRD PARTY.

15. Dispute Resolution

YOU AND GREYTER AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

MANDATORY ARBITRATION. You and Greyter agree to resolve any claims arising out of or relating to this Agreement, the Platform or Services, or our Content, regardless of when the claim arose, even if it was before this Agreement existed (a “Dispute”), through final and binding arbitration. You may opt out of arbitration within 30 days of Acceptance of the Agreement or of any updates to these arbitration terms within 30 days after the update has taken effect by sending an email to privacy@greyter.com. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

Informal Dispute Resolution. We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending an email to privacy@greyter.com. We will do so by sending you notice to the email address and/or contact information provided through the Platform. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

Arbitration Forum. If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and/or Supplemental Rules for Mass Arbitration Filings, as applicable (available here). Greyter will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in this Agreement may involve interstate commerce and, to the extent applicable, the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

Arbitration Procedures. The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will be mutually agreed upon, in the county where you reside, or as determined by the arbitrator, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Delaware. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of New Castle County, Delaware have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

Exceptions. This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Platform, Services, and Content or intellectual property infringement or misappropriation.

CLASS AND JURY TRIAL WAIVERS. You and Greyter agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Greyter knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

Batch Arbitration. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Greyter agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

Severability. If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

16. Miscellaneous

Mobile and Other Charges

You are responsible for all mobile, data, cable, or other internet service provider charges incurred by you for connecting to the Platform and using the Services.

Complete Agreement

This Agreement, along with any applicable policies and agreements on Greyter’s website, including the Privacy Policy, sets forth the entire understanding between you and Greyter with respect to Greyter’s services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.

No Waiver

A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

Interpretation of Terms

No provision, uncertainty, or ambiguity in this Agreement shall be construed or resolved against any party, whether under any rule of construction or otherwise. In the event that any provision of this Agreement is found to be ambiguous or unclear, the parties hereby waive any right to have such ambiguities interpreted against the party that drafted it. This waiver shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

Assignment

You may not transfer any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation hereunder at any time.

Governing Law

This Agreement and your use of our Platform shall be governed by the laws of the State of Delaware, U.S.A., without regard to its principles of conflict of laws. and the federal laws of the U.S.A. applicable therein. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in New Castle County, Delaware.

Contact

Any questions or concerns about the services provided through the Platform or the Platform itself can be directed to us via email at support@greyter.com or via mail to the following address:

Greyter Water Systems, Inc.
166 Saunders Rd, Unit 5
arrie, ON L4N 9A4