Terms of Service
Effective May 13, 2026 · Version 2026-05-13.1 ·
These Terms of Service (the “Terms”) govern access to and use of the software-as-a-service platform and related services (the “Service”), referred to as Energy Navigator 9.36 or Energy Navigator (the “Service”), provided by the operator of Energy Navigator (the “Company”). These Terms apply to all users of the Service, including business and institutional users of the Service (for example, without limitation, builders, energy modelers, municipalities, inspection agencies).
The Company’s collection, use, and disclosure of personal information in connection with the Service is described in its Privacy Policy, which is made available alongside these Terms or at a URL provided by the Company (the “Privacy Policy”). The Privacy Policy is incorporated into these Terms by reference and, to the extent Customer Content includes personal information, such processing is subject to the Privacy Policy.
By creating an account to access or use the Service, you confirm that you are of the age of majority in your jurisdiction and that you have the authority to bind the organization on whose behalf you are acting (the “Customer”), and you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
All correspondence may be directed to:
info@energy-navigator.ca | 403-872-2441
1. Definitions
“Customer” means the entity entering into these Terms.
“Customer Content” means all data, files, models, reports, and other materials submitted to or processed through the Service, including, without limitation, energy models, HOT2000 files, energy reports, and similar materials. Customer Content may include materials prepared by third-party consultants or modelers, and the Company does not claim ownership of such materials.
“Order” means any order form, statement of work, or written agreement governing commercial terms between the parties.
“Service” means the Company’s software platform and related services.
“User” means any individual authorized by the Customer to use the Service.
2. Nature of the Service
The Company provides the Service, which includes tools and workflows for processing, validating, analyzing, and generating outputs from Customer Content (such as, for example, intake, validation, quality assurance (QA) support, and reporting for NBC 9.36–style workflows).
The Service is provided solely for informational and workflow support purposes and does not constitute, and shall not be relied upon as, legal, engineering, regulatory, or other professional advice. The Customer acknowledges that it remains solely responsible for obtaining appropriate professional advice and for all decisions made in reliance on the Service.
The Company does not verify, validate, or guarantee the accuracy, completeness, or suitability of any Customer Content or any outputs generated from such Customer Content. All outputs are dependent on the accuracy and completeness of the inputs provided. The Customer acknowledges that any reliance on the Service or its outputs is at the Customer’s sole risk.
Nothing in these Terms creates any fiduciary, advisory, or professional relationship between the Company and the Customer. The Customer acknowledges that the Service is not a substitute for regulatory review, approval, or certification, and that all compliance determinations remain the sole responsibility of the Customer.
The Company is not responsible for the Customer’s compliance with applicable privacy laws, including the collection, use, or disclosure of personal information by the Customer or its Users.
3. License to Use the Service
Subject to these Terms, the Company hereby grants to the Customer a limited, non-exclusive, non-transferable, and revocable license, during the applicable subscription term, to access and use the Service for the Customer’s internal business purposes. The license granted under this Section is conditional upon the Customer’s compliance with these Terms, and except for the limited license expressly granted herein, no rights are granted to the Customer.
The Customer shall ensure that all Users comply with these Terms and shall be responsible for any acts or omissions of its Users in connection with the Service. The Customer shall not, and shall not permit any User or third party to:
use the Service in violation of any applicable law or regulation;
use the Service for the benefit of any third party except as expressly permitted by these Terms;
sublicense, resell, lease, or otherwise make the Service available to any third party;
attempt to gain unauthorized access to the Service or any related systems, data, or accounts;
interfere with or disrupt the integrity, security, or performance of the Service;
transmit any viruses, malware, or other harmful or disruptive code, or use the Service to harass, abuse, or harm any person;
reverse engineer, decompile, or otherwise attempt to derive the source code of the Service, except to the extent such restrictions are prohibited by applicable law; or
use the Service to develop a competing product or service.
The Company reserves the right to investigate any suspected breach of this Section and to take such action as it deems appropriate, including suspending access to the Service and cooperating with law enforcement or regulatory authorities where required.
The Company reserves the right, acting reasonably, to suspend, restrict, or limit access to the Service, in whole or in part, where the Company determines that such action is necessary or appropriate, including in connection with: (i) any breach of these Terms; (ii) failure to pay applicable fees; or (iii) security concerns, suspected unauthorized access, or misuse of the Service. Where reasonably practicable, the Company will provide prior notice of any such suspension, unless the Company reasonably determines that immediate action is required to prevent harm, data loss, security incidents, or legal violations.
The Customer acknowledges that the Service may be unavailable, interrupted, or degraded from time to time due to scheduled maintenance, updates, outages, or events beyond the Company’s reasonable control, and the Company does not guarantee continuous or uninterrupted availability of the Service. Where practicable, the Company will provide notice of planned maintenance.
4. Customer Responsibilities
The Customer shall be solely responsible for:
ensuring that it has all necessary rights, licenses, consents, and authority to collect, submit, upload, disclose, and otherwise use Customer Content in connection with the Service, including where such Customer Content is provided by third parties, such as builders, energy modelers, municipalities, inspectors, or other contributors;
the legality of the collection, use, and submission of Customer Content, including identifying and relying on appropriate lawful bases and providing all required notices to its end users, employees, contractors, and other applicable persons;
the legality, accuracy, completeness, and integrity of all Customer Content;
compliance with all applicable laws, regulations, codes, and industry standards in connection with its use of the Service, including any applicable public-sector access to information and privacy legislation where the Customer or any User is acting on behalf of a municipality or other public authority;
managing its relationships with third-party contributors invited by the Customer (“Users”), including ensuring that any such third parties have granted all rights necessary for the Customer’s use of the Service and resolving any disputes relating to submission rights, intellectual property, or use of modelling deliverables; and
determining the purposes for which Customer Content is collected and submitted to the Service, and directing the use of the Service in connection with such purposes.
The Customer shall be solely responsible for all accounts established under its control, including all accounts accessed by Users, and for maintaining the confidentiality and security of all account credentials, including usernames and passwords.
The Customer shall be responsible for all activities that occur under its accounts, whether authorized or unauthorized, including activities of any Users invited or permitted by the Customer to access or use the Service.
The Company provides the Service as a service provider and processes Customer Content on the Customer’s instructions for the purpose of delivering the functionality of the Service. For greater certainty, the Company does not determine the purposes for which Customer Content is collected or submitted, and does not assume control over such Customer Content.
The Company shall be responsible for its obligations under these Terms, the Privacy Policy, and applicable law in connection with its processing of Customer Content, including the implementation of reasonable security measures and, where applicable, notification of security incidents in accordance with these Terms and applicable law.
The Customer is solely responsible for maintaining independent backups of Customer Content. The Company shall not be responsible for any loss, corruption, or recovery of Customer Content.
5. Role of the Company
The Company acts as a service provider processing Customer Content based upon the instructions provided by the Customer, or based on an order form, statement of work, or other written agreement between the parties.
The Company does not act as an authority having jurisdiction and does not review, approve, or certify compliance with applicable laws, codes, or permitting requirements.
The Company makes no representations or warranties, and provides no assurance, regarding compliance or the outcome of any permitting, approval, or regulatory process, and the Customer acknowledges that it remains solely responsible for all compliance determinations and permitting outcomes.
The Company does not assume ownership of Customer Content and does not control the purposes for which the Customer uses the Service. For greater certainty, the Company does not claim, acquire, or assert any ownership rights in any energy models, HOT2000 files, reports, or other Customer Content uploaded, submitted, or processed through the Service. All right, title, and interest in and to such materials remain with the Customer or its applicable third-party licensors. The Company’s use of such Customer Content is limited solely to the provision, operation, and improvement of the Service in accordance with these Terms, and does not include any right to commercialize, distribute, or otherwise exploit such materials except as expressly permitted herein.
The Company has no obligation to monitor, review, or validate Customer Content or User activity, and shall not be responsible for any such content.
6. Intellectual Property and Customer Content
Company IP. The Company retains all right, title, and interest in and to the Service, including all software, documentation, specifications, methodologies, workflows, branding, and related materials, together with any improvements, modifications, and derivative works thereof, and any aggregated or de-identified analytics developed from use of the Service that do not identify the Customer or any specific project (collectively, the “Company IP”). Except for the limited license expressly granted under these Terms, no rights are granted to the Customer in or to the Company IP. Any feedback, suggestions, or recommendations provided by the Customer or any User may be used by the Company without restriction or obligation.
Customer Content. Subject to the licenses granted herein, the Customer retains all right, title, and interest in and to all Customer Content. As between the Customer and any such third party, ownership and rights in such materials shall be governed by the applicable agreements between those parties.
License to Company. The Customer hereby grants to the Company a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and otherwise use Customer Content solely as necessary to:
provide, operate, secure, maintain, and support the Service for the Customer and its Users;
comply with applicable laws, regulations, and legal obligations, and to enforce these Terms; and
improve and enhance the Service, provided that any such improvement or enhancement is based solely on de-identified or aggregated data or otherwise in accordance with the Privacy Policy and these Terms. For greater certainty, the foregoing license does not include any right for the Company to commercialize, distribute, or otherwise exploit identifiable Customer Content as a standalone product or dataset for the benefit of third parties.
The Customer represents and warrants that it has all rights, licenses, consents, and authority reasonably necessary to submit Customer Content to the Service and to grant the license set out in these Terms, including in respect of any third-party materials. The Customer acknowledges that industry practices relating to the exchange of modeling files and reports may be informal, and agrees that it is solely responsible for obtaining any permissions required for its use of the Service and for resolving any disputes relating to ownership or use of such materials.
The Company shall not use identifiable Customer Content to develop or offer competing products or services directed at the Customer’s specific projects or confidential workflows. Customer Content shall not be used for cross-customer machine learning, model training, or analytics, except: (i) as reasonably necessary to provide the Service (including security, integrity, and format conversion); (ii) where such Customer Content has been de-identified or aggregated such that it does not identify the Customer or any specific project; or (iii) where expressly authorized by the Customer in writing.
Where Customer Content is transmitted to third-party service providers or subprocessors, including AI service providers, for the purpose of generating outputs in response to specific requests, such processing shall be conducted solely to provide the requested functionality and shall be subject to the Privacy Policy and applicable third-party terms. The Company shall not grant any such third party rights to identifiable Customer Content beyond those necessary to perform such services.
7. Third-Party Services
The Customer acknowledges and understands that the Service may link to, interoperate with, or integrate third-party services, software, application programming interfaces (APIs), file formats, or data sources, including, without limitation, energy modelling tools, costing tools, interoperability services, and artificial intelligence systems (collectively, “Third-Party Services”). Such Third-Party Services are not under the control of the Company and are governed by their own terms of use and privacy policies.
The Company makes no representations or warranties, and assumes no responsibility or liability, with respect to the availability, accuracy, timeliness, performance, outputs, compliance, or continued availability of any Third-Party Services, including, without limitation, any outputs generated by third-party energy modelling tools, HOT2000 or similar file processing, partner integrations, or AI systems. Any recommendations, flags, scores, or other results generated in whole or in part by Third-Party Services constitute third-party outputs and do not constitute professional advice of the Company.
The Customer acknowledges and agrees that its use of, and reliance on, any Third-Party Services or related outputs is at its sole risk.
Without limiting the foregoing, the Customer acknowledges that outputs generated through artificial intelligence or automated systems may be incomplete, inaccurate, or non-deterministic, and the Company makes no representations or warranties with respect to such outputs.
8. Data Protection and Security
The Company shall implement and maintain reasonable administrative, technical, and physical safeguards appropriate to the sensitivity of Customer Content and the risks associated with its processing, in accordance with applicable law and the Privacy Policy. The Customer acknowledges that no security measures are absolute and that the Company does not guarantee that unauthorized access to Customer Content will never occur. The Customer further acknowledges that the Service may be unavailable, interrupted, or degraded from time to time, and that, to the fullest extent permitted by applicable law, the Company shall not be liable for any losses, damages, or claims arising from or related to any such unavailability, interruption, or degradation of the Service.
The Customer shall be responsible for the appropriate configuration and use of the Service, including the management of user roles, permissions, passwords, and internal access controls, and shall promptly notify the Company of any actual or suspected unauthorized access to or use of the Service or Customer accounts.
In the event that the Company becomes aware of unauthorized access to Customer Content within its systems that creates a real risk of significant harm under applicable Canadian privacy law, the Company shall:
notify the Customer without undue delay, subject to any legal restrictions and reasonable coordination with any investigation; and
provide reasonable information and assistance to enable the Customer to comply with its notification or reporting obligations to affected individuals, regulators, or other authorities, to the extent required by applicable law.
The parties acknowledge that the Customer is responsible for compliance with its obligations under applicable privacy laws, including, without limitation, the Personal Information Protection and Electronic Documents Act (Canada) and applicable provincial legislation, including Alberta’s Personal Information Protection Act, Saskatchewan’s Personal Information Protection and Identity Theft Prevention Act, British Columbia’s Personal Information Protection Act, and Quebec’s Act respecting the protection of personal information in the private sector, as they apply to the Customer’s collection, use, and disclosure of personal information.
Additional details regarding the Company’s data handling practices are set out in the Privacy Policy. Nothing in this Section limits any mandatory obligations under applicable law.
Data Processing Agreement. Where required by applicable law or by the Customer (including where the Customer is a municipality or other public-sector body), the parties shall enter into a separate data processing agreement governing the Company’s processing of personal information on the Customer’s behalf.
9. Fees and Payment
Fees payable for access to and use of the Service shall be as set out in the applicable Order, as may be amended from time to time. Unless otherwise specified, all fees from the Customer are due and payable in accordance with the terms of the applicable Order. The Company reserves the right, acting reasonably and where permitted by the applicable Order, to suspend or restrict access to the Service in the event of material non-payment.
Taxes. All fees are exclusive of applicable taxes. The Customer shall be responsible for all sales, use, value-added, goods and services, harmonized sales, and similar taxes, levies, or duties imposed by any governmental authority in connection with the fees, other than taxes based on the Company’s net income.
Currency. Unless otherwise specified in the applicable Order, all fees are denominated and payable in Canadian dollars (CAD).
Invoice Disputes. The Customer shall notify the Company in writing of any good-faith dispute regarding an invoice within thirty (30) days of the invoice date. Failure to provide such notice within that period shall be deemed acceptance of the invoice. The parties shall work in good faith to resolve any disputed amounts promptly.
10. Confidentiality
Each party acknowledges that it may receive or have access to confidential or proprietary information of the other party (“Confidential Information”). Each party shall use such Confidential Information solely for the purposes of performing its obligations or exercising its rights under these Terms and shall protect such Confidential Information using a reasonable standard of care.
The obligations shall not apply to information that:
is or becomes publicly available other than through a breach of these Terms;
was lawfully known to the receiving party prior to disclosure;
is independently developed without use of the disclosing party’s Confidential Information; or
is required to be disclosed by law, provided that, where legally permissible, the disclosing party is given prompt notice.
Each party acknowledges that a breach of confidentiality or intellectual property obligations may cause irreparable harm for which damages may be an inadequate remedy, and that the non-breaching party shall be entitled to seek injunctive or equitable relief.
11. Disclaimer
The Company does not warrant that the Service will be uninterrupted, error-free, or free from defects. The Service is provided on an “as is” and “as available” basis.
To the fullest extent permitted by applicable law, the Company disclaims all representations, warranties, conditions, and guarantees, whether express, implied, or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
12. Limitation of Liability
Excluded Damages. To the fullest extent permitted by applicable law, the Company shall not be liable to the Customer for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with these Terms or the use of the Service, whether in contract, tort (including negligence), or otherwise, including, without limitation, any loss of data, loss of use, business interruption, or failure to achieve regulatory approval or compliance outcomes.
General Cap. The Company’s total aggregate liability arising out of or in connection with these Terms or the Service in any twelve (12) month period shall not exceed the greater of:
the fees paid by the Customer in the twelve (12) months preceding the event giving rise to the claim; or
CAD $25,000. If no fees were paid in such period, the Company’s total aggregate liability shall not exceed CAD $5,000.
Data Breach. The Company’s total aggregate liability for third-party claims arising solely from unauthorized disclosure of Customer Content resulting from the Company’s material breach of its security obligations shall not exceed the greater of:
the Fees paid in the applicable period; or
CAD $50,000, unless otherwise agreed in writing.
13. Indemnity
The Customer shall defend, indemnify, and hold harmless the Company and its affiliates, and their respective directors, officers, employees, and agents, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
Customer Content;
the Customer’s or any User’s use of the Service in breach of these Terms; or
the Customer’s violation of applicable law, except to the extent caused by the Company’s material breach of these Terms or gross negligence.
14. Term and Termination
These Terms shall apply for the duration of the applicable subscription term and any renewals, unless earlier terminated in accordance with these Terms or the applicable Order.
Either party may terminate these Terms as provided in the applicable Order. The Company may suspend or terminate access to the Service where a breach is not cured within a reasonable period following notice, where permitted.
Upon termination or expiry, the Customer’s right to access and use the Service shall cease. For a period of thirty (30) days following termination or expiry, the Customer may request, and the Company shall make available, an export of the Customer Content in a commercially reasonable format. Following such period, the Company may delete the Customer Content from its active systems. Retention and deletion of Customer Content shall otherwise be governed by the Privacy Policy and any applicable Order.
Any provisions which by their nature are intended to survive termination shall survive, including, without limitation, provisions relating to intellectual property, confidentiality, disclaimers, limitation of liability, and indemnity.
15. Changes
The Company reserves the right to amend or update these Terms from time to time by making the revised Terms available through the Service or by other reasonable means. The Company shall provide notice of material changes to the Customer (including by email to the address associated with the Customer’s account or by posting through the Service), and any such material changes shall not take effect for at least thirty (30) days following such notice, unless required to take effect sooner by applicable law. Continued access to or use of the Service following the effective date of any such changes constitutes acceptance of the revised Terms.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. The parties attorn to the non-exclusive jurisdiction of the courts of the Province of Alberta.
17. General
Entire Agreement. These Terms, together with any applicable Order and the Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, negotiations, or understandings.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.
Waiver. The failure of either party at any time to require performance by the other party of any provision of these Terms shall not affect the right to require such performance at any later time, and any waiver of a breach must be in writing.
Assignment. The Customer shall not assign or transfer these Terms, in whole or in part, without the prior written consent of the Company, such consent not to be unreasonably withheld or delayed. The Company may assign these Terms to an affiliate or in connection with a merger, sale of assets, or similar transaction upon written notice.
Force Majeure. The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, failures of telecommunications or internet service providers, cyberattacks, labour disputes, or governmental actions.
Notice. Any notice required or permitted to be given under these Terms may be given to the Customer by email to the address associated with the Customer’s account or by posting through the Service. Notices to the Company shall be sent to info@energy-navigator.ca.
No Third-Party Beneficiaries. These Terms are for the sole benefit of the parties and confer no rights or remedies on any third party.
Trademarks. HOT2000 is a trademark of Natural Resources Canada (NRCan). The Company is not affiliated with, sponsored by, or endorsed by NRCan.
Last updated May 13, 2026. © 2026 Energy Navigator 9.36. All rights reserved.