TERMS OF SERVICE
Last updated: 2026-10-21
1. Introduction
Welcome to Warnspot. These Terms of Service (“Terms”) govern your access to and use of:
- the website located at https://www.warnspot.com (the “Website”); and
- the Warnspot environmental monitoring platform, including the web app, the API, alerts, and notifications (the “Service”).
The Website and the Service are operated by Warnspot Data Services (“Company”, “we”, “our”, or “us”), a business registered in the Province of British Columbia, Canada.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE OR THE SERVICE.
By accessing or using the Website or the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Website or the Service.
These Terms apply to all visitors, users, and others who access the Website or the Service. If you and the Company have signed a separate written agreement that covers the Service, that agreement governs where it conflicts with these Terms.
2. Eligibility
You must be at least 18 years old or the age of majority in your jurisdiction to use the Website or the Service. By using the Website or the Service, you represent and warrant that you meet this requirement.
3. Changes to These Terms
3.1. Updates. We may update or modify these Terms from time to time. The current version is always available at https://www.warnspot.com/terms with a “Last updated” date.
3.2. Material changes. Where we make a material change to these Terms, including any change that affects your rights, our liability, the licence granted to you, or the way we handle your information, we will tell you through the Website (and, where you are a registered user, through the Service) no later than when the change takes effect. Where applicable law requires it or where we determine in good faith that the change is significant, we will require you to actively re-accept the revised Terms (for example, by clicking an acceptance button) before continuing to use the Website or the Service. We will not rely on continued use alone as acceptance of a material change.
3.3. Non-material changes. Non-material changes (such as clarifications, typographical corrections, or updates to non-substantive references) take effect when posted, with the “Last updated” date updated to reflect the change.
3.4. Right to refuse. If you do not agree to a revised version of these Terms, your remedy is to stop accessing or using the Website or the Service.
4. Website Content
4.1. Informational Purposes. The content on the Website, including text, graphics, images, data, and other materials, is provided for general informational purposes only. Nothing on the Website constitutes professional, legal, environmental, safety, or regulatory advice.
4.2. Accuracy. While we use commercially reasonable efforts to keep the information on the Website current and accurate, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the Website or the information, products, services, or related graphics contained on the Website.
4.3. Environmental Data Displays. Where the Website displays environmental monitoring data, maps, alerts, or similar information for public or demonstrative purposes, such information is provided on an “as is” basis and must not be relied upon for safety, regulatory, operational, or emergency response decisions. You are solely responsible for verifying any information obtained from the Website before acting on it.
5. Intellectual Property
5.1. Ownership. The Website, the Service, and their entire contents, features, and functionality, including but not limited to all text, graphics, logos, icons, images, data compilations, software, and the design, selection, and arrangement thereof, are the property of the Company or its licensors and are protected by Canadian and international copyright and other intellectual property laws.
5.2. Limited License. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your own informational purposes, and to use the Service for your own internal business purposes while your account is in good standing, subject to these Terms. This license does not include the right to: (a) modify or copy the Website, the Service, or their content; (b) resell, redistribute, or commercially exploit the Website, the Service, or their content without our prior written consent; (c) remove any copyright or other proprietary notices from any content; (d) transfer the content to another person or “mirror” the content on any other server; or (e) use the Website, the Service, or their content to develop, train, or evaluate machine learning models without our prior written consent.
5.3. Branding. “Warnspot”, the Warnspot logo, and any other names, logos, or branding displayed on the Website are the property of the Company. You may not use any of these without our prior written permission.
6. Prohibited Uses
You agree not to use the Website or the Service:
- For any unlawful purpose or in violation of any applicable law or regulation;
- To transmit or cause to be transmitted any advertising, promotional material, spam, or other unsolicited communications;
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
- To introduce any viruses, trojan horses, worms, or other malicious or technologically harmful material;
- To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website;
- To use any automated means, including robots, scrapers, crawlers, or spiders, to access the Website for any purpose without our prior written consent;
- To exceed the rate limits of the API or to use the API in a way that harms other users; or
- To otherwise attempt to interfere with the proper working of the Website or the Service.
7. Third-Party Links
The Website may contain links to third-party websites, services, or resources that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that the Company is not responsible or liable for any damage or loss caused by or in connection with your use of or reliance on any such third-party content, websites, or services.
8. User Communications
Any feedback, suggestions, ideas, or other communications you submit to us through the Website, the Service, or by email are non-confidential and become the sole property of the Company. We are free to use such communications for any purpose without compensation or attribution to you, unless otherwise agreed in writing.
9. Disclaimers
9.1. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.2. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON THE WEBSITE OR IN THE SERVICE, OR THAT ANY ALERT OR NOTIFICATION WILL BE DELIVERED.
9.3. ANY ENVIRONMENTAL DATA, MAPS, ALERTS, OR MONITORING INFORMATION DISPLAYED ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND MUST NOT BE USED AS THE BASIS FOR SAFETY, EMERGENCY, REGULATORY, OR OPERATIONAL DECISIONS.
10. Limitation of Liability
10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR THE SERVICE.
10.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO THE COMPANY FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, AND (B) ONE HUNDRED CANADIAN DOLLARS ($100 CAD).
10.3. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND REGARDLESS OF WHETHER THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Website or the Service in violation of these Terms; (b) your violation of any applicable law or regulation; or (c) your violation of any rights of a third party.
12. Privacy
Your use of the Website and the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy for information on how we collect, use, and protect your information.
13. Governing Law and Jurisdiction
13.1. Governing Law. These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles.
13.2. Jurisdiction. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Province of British Columbia, and you irrevocably submit to the jurisdiction of such courts.
13.3. International Use. The Website and the Service are operated from Canada. If you access either from outside Canada, you do so at your own initiative and are responsible for compliance with the laws of your jurisdiction. Nothing on the Website constitutes an offer or solicitation in any jurisdiction where such offer or solicitation is not authorized.
14. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15. Equitable Remedies
You acknowledge that any breach of Sections 5 (Intellectual Property) or 6 (Prohibited Uses) of these Terms may cause irreparable harm to the Company for which monetary damages would be an inadequate remedy. In such event, the Company shall be entitled to seek equitable relief, including injunction and specific performance, in addition to any other remedies available at law or in equity.
16. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. The Company may assign these Terms without restriction. Any attempted assignment in violation of this Section is void.
17. Waiver
No failure or delay by the Company in exercising any right under these Terms shall constitute a waiver of that right.
18. Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Website and the Service. Section 1 explains how a separate written agreement relates to these Terms.
19. Electronic Acceptance and Electronic Signatures
19.1. Electronic acceptance. By clicking “I agree”, “Sign up”, “Accept”, or any similar button, by checking an acceptance box, or by accessing or using the Website or the Service after these Terms are presented to you, you acknowledge and agree that:
- you have had the opportunity to read these Terms and our Privacy Policy;
- you intend to enter into a legally binding agreement with the Company on the terms set out in these Terms; and
- your action constitutes your electronic signature, equivalent in legal effect to a handwritten signature, under applicable electronic transactions legislation, including Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), Part 2; British Columbia’s Electronic Transactions Act; the United States Electronic Signatures in Global and National Commerce Act (“E-Sign Act”); and the Uniform Electronic Transactions Act (“UETA”), where applicable.
19.2. Records. You agree that the Company may maintain records of your acceptance (including the date, time, IP address, user agent, and version of the Terms accepted) as evidence of your assent. Such records are admissible in any legal proceeding.
19.3. Capacity and authority. You represent that you have the legal capacity to enter into a binding agreement and, if you are accepting these Terms on behalf of an organization, that you have the authority to bind that organization to these Terms.
20. Force Majeure
20.1. Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including but not limited to: natural disasters; fires; floods; severe weather; epidemics or pandemics; acts of government or public authority (including export controls, sanctions, or quarantine restrictions); war, terrorism, or civil unrest; labour disputes or strikes; telecommunications or internet outages; power failures; denial-of-service attacks, ransomware, or other cyberattacks; and failures of third-party service providers.
20.2. The party affected by a force majeure event shall provide notice to the other party as soon as reasonably practicable and shall use commercially reasonable efforts to mitigate the effects of the event and resume performance.
21. Survival
The following Sections, together with any other provision that by its nature is intended to survive, shall survive termination, expiration, or any cessation of your access to or use of the Website or the Service:
- Section 5 (Intellectual Property);
- Section 8 (User Communications);
- Section 9 (Disclaimers);
- Section 10 (Limitation of Liability);
- Section 11 (Indemnification);
- Section 13 (Governing Law and Jurisdiction);
- Section 15 (Equitable Remedies);
- Section 19 (Electronic Acceptance and Electronic Signatures);
- Section 20 (Force Majeure);
- Section 22 (Subscriptions, Billing, and Cancellation), as to fees you owe and Section 22.9; and
- this Section 21 (Survival).
22. Subscriptions, Billing, and Cancellation
22.1. Plans and fees. The Service is sold as a subscription. The current plans and prices are on the pricing page. Prices are in Canadian dollars. We bill each period in advance, either monthly or yearly, depending on the plan you choose. Where we must collect tax, we add it to the price.
22.2. Free trial. A new account starts with a 14-day trial of the full Pro plan, unless the email address has had a trial before. Each email address gets one trial. You do not need to enter a payment card to start the trial. If you add a card, the first charge runs when the trial ends. If the trial ends and no card is on file, we pause your account.
22.3. Automatic renewal. Your subscription renews at the end of each period. We charge the renewal fee to the card on file until you cancel.
22.4. Cancellation. You can cancel at any time on the billing page of the Service. Cancellation stops the next renewal. Your access continues until the end of the current paid period or trial. You can resume the subscription before that period ends.
22.5. No refunds. Fees are non-refundable. We do not give refunds or credits for a partial period, on a monthly plan or a yearly plan, except where applicable law requires a refund.
22.6. Failed payments. If a renewal payment fails, your access continues while we retry the charge. We retry about 3, 5, and 7 days after the failure. If the last retry fails, we cancel the subscription and pause your account.
22.7. Paused accounts. While your account is paused, your alert notifications are paused, and access to your data charts and to API reads is blocked. Your devices can keep writing, and we store the data they send. Alerts and data access resume when you reactivate your subscription.
22.8. Price changes. We may change the price of a plan. We will tell you at least 30 days before the new price applies, through the Service or by email. The new price applies from your next renewal after that notice. You can cancel before then.
22.9. Your data. You keep ownership of the data you send to the Service. If your subscription is cancelled or your account is paused, we may delete your data after a reasonable period. We do not promise a fixed period. Export the data you need before you cancel. If you delete your account, we delete your data as the Privacy Policy describes.
22.10. Suspension. We may suspend or close your account if you do not pay or if you break these Terms.
23. Contact Us
If you have any questions about these Terms, please contact us at:
Warnspot Data Services Contact form: warnspot.com/contact Website: https://www.warnspot.com