Welcome and thank you for using Lightspark!

Lightspark’s mission is to give agency and information to homeowners to help them take control of their home comfort and energy costs.

Lightspark Software Inc. (“Lightspark, We, Our”) offers consumers, trade contractors and energy advisors a service to accelerate the understanding to execute home improvements aimed at reducing carbon and energy, and improving the overall comfort of a dwelling. Lightspark owns and operates the websites located at www.lightspark.ca, calgary.lightspark.ca, edmonton.lightspark.ca and www.lightspark.energy (“websites”). These terms of use apply to all users of the websites, including users who upload any materials to the websites, users who use services provided through these websites, and users who simply view the content on or available through these websites.

By using these websites you indicate your acceptance of these terms of use. If you do not accept these terms of use, then do not use the lightspark app or this website or any of its content or services. These terms of use may be amended or updated by Lightspark from time to time without notice and the terms of use may have changed since your last visit to this website. It is your responsibility to review these terms of use for any changes. Your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this website from time to time will be subject to these terms of use, unless stated otherwise. you should visit this page periodically to review these terms of use. If you have any questions about these terms of services or our privacy policy, please email us at contact@lightsparkinc.com.

1. The Service. Through the Websites, the Lightspark service provides and estimate of your home energy scores for certain addresses, a digital audit that provides input from a homeowner, recommendations that might help improve those scores and links to third party services that may make implementing those recommendations or other positive improvements to homes more accessible (together, the “Service”). In order to access parts of the Service, we may require that you become a registered user. You can use the Service from most browsers, including a desktop computer, laptop or a personal mobile device.

2. Content. The Lightspark Service is designed to help users estimate their home energy and carbon score, their energy costs and to help them improve their home’s energy use in the future. The Service is a tool designed to help users, but should not be relied upon on its own. All estimates, data, text, scores (including the Lightspark Home Energy Score), recommendations and other information made available through the Service (“Content”) is provided based on the information available to Lightspark from you and third party sources, and certain other assumptions that Lightspark may make based on such information. Although Lightspark uses commercially reasonable endeavours to obtain the best and most current information available, Lightspark cannot guarantee the accuracy of such information or assumptions, and such information is always subject to change.

Accordingly, Lightspark cannot guarantee the accuracy of any Content, including without limitation the accuracy of any Lightspark Home Energy and Carbon Score, or any recommendations from the Recommendation Explorer. Users should make their own inquiries to validate the accuracy of any Content (including without limitation the accuracy of any Lightspark Home Energy and Carbon Score, and Recommendation Explorer), and should not make any decision based solely on the Service.

Under no circumstances will Lightspark be liable in any way for act or omission made in reliance on Content made available via the Service.

3. Restrictions on Content and Use of the Service. Lightspark reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

In using the Website, Lightspark Service You shall not:

a. Copy or create derivative works based on any Content unless expressly permitted to do so herein;

b. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Service or impersonate another person or organization;

c. Interfere with or disrupt the Service or servers or networks connected to the Service or Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Service or Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

d. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

e. Collect or store personal data about other users or viewers;

f. License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Lightspark App; or

g. Modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Lightspark App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law.

You also agree not to access the Website or Service in a manner that utilizes the resources of the Website or Service more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.

4. Updating a Home’s information and User Content. From time to time, we may provide you with the opportunity to provide additional information which may change the score attributed to a home or otherwise be of use in respect of the Service (“User Content”). You may do so through your account, through the “My Home Survey” or similar functionality in the Service, or as we may otherwise facilitate from time to time. We may also ask that you submit evidence to validate the accuracy of such User Content, but we are not required to do so. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display, create derivative works of and distribute such User Content. Lightspark will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

5. End User License. The Lightspark Websites, and the information and materials that it contains, are the property of Lightspark and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Lightspark grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) use the service on a mobile device, tablet or personal computer that you own or control for your use (the “License”). The Lightspark Websites are licensed to you and not sold. Nothing in the Terms gives you a right to use the Lightspark or Lightspark names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Websites or Lightspark App shall be subject to the terms of these Terms.

6. Feedback. If You provide Lightspark with any suggestions, comments or other feedback relating to any aspect of the Website, Lightspark App and/or Service (“Feedback”), Lightspark may use such Feedback in the Website or in any other Lightspark products or services (collectively, “Lightspark Offerings”). Accordingly, You agree that: (a) Lightspark is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Lightspark, (c) Lightspark (including all of its successors and assigns and any successors and assigns of any of the Lightspark Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Lightspark Offerings, and (d) You are not entitled to receive any compensation or reimbursement of any kind from Lightspark or any of the other users of the Website in respect of the Feedback.

7. Advertising, Promotions and Partners. You acknowledge and agree that the Website may contain advertisements, promotions and/or links to commercial partners of Lightspark. If You elect to have any business dealings with anyone whose products or services may be advertised or promoted on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser or promoter and You further acknowledge and agree that Lightspark shall not have any responsibility or

8. Links and Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by Lightspark. In no event shall any reference to any third-party product or service be construed as an approval or endorsement by Lightspark of that third-party product or service. Lightspark is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Lightspark endorses or accepts any responsibility for the content or use of such websites, and You hereby release Lightspark from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

9. DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, LIGHTSPARK APP AND ALL MATERIALS AND CONTENT PROVIDED THEREIN (INCLUDING WITHOUT LIMITATION ALL LIGHTSPARK SCORES) ARE PROVIDED “AS IS.” LIGHTSPARK SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. LIGHTSPARK DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND LIGHTSPARK SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. LIGHTSPARK WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL LIGHTSPARK BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, LIGHTSPARK APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR LIGHTSPARK APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF LIGHTSPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LIGHTSPARK ’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID LIGHTSPARK IN THE PRIOR 12 MONTHS (IF ANY)THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. INDEMNIFICATION. YOU SHALL INDEMNIFY AND HOLD LIGHTSPARK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION ANY CLAIM ARISING FROM YOUR RELIANCE ON THE CONTENT.

12. Termination. Lightspark may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Lightspark (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Lightspark ), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Lightspark in its sole discretion and that Lightspark shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by Lightspark shall be in addition to any and all other rights and remedies that Lightspark may have.

13. Availability & Updates. Lightspark may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or Lightspark App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Lightspark may periodically add or update the information and materials on this Website without notice.

14. Security. Information sent or received over the Internet is generally unsecure and Lightspark cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Lightspark will not be liable for any loss or damage arising from your failure to comply with these requirements.

15. General. These Terms of Use, together with any privacy policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Lightspark to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Lightspark must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Lightspark ’s prior written consent. These Terms and any action related thereto will be governed by the laws of the province of Alberta without regard to or application of its conflict of law provisions or your province or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Alberta, Canada, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Lightspark App or Service, please contact us at: contact@lightsparkinc.com.