Terms of Service

1. Acceptance of Terms

By accessing and using VERTIQ ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these terms, please do not use this Service.

2. Description of Service

VERTIQ provides a cloud-based platform for LEED (Leadership in Energy and Environmental Design) certification analysis and building performance optimization. The Service includes tools for energy modeling, compliance tracking, documentation management, and automated scoring for LEED v5 BD+C rating system.

3. User Registration

You must register for an account to use certain features of the Service. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Immediately notify us of any unauthorized use of your account

4. User Conduct

You agree not to:

• Use the Service for any unlawful purpose or in violation of any regulations
• Upload or transmit viruses or any other malicious code
• Attempt to gain unauthorized access to any portion of the Service
• Interfere with or disrupt the Service or servers
• Reverse engineer or attempt to extract the source code of the Service
• Share your account credentials with unauthorized parties

5. Intellectual Property

The Service and its original content, features, and functionality are owned by Everpoint Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Your use of the Service does not grant you ownership of any content, data, or materials you may access on the Service.

6. Data Use and Privacy

Your use of our Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of personal information as outlined in the Privacy Policy.

You retain all ownership rights to your project data. We will not share your project data with third parties without your explicit consent, except as required by law.

7. Payment and Subscription

Some parts of the Service are offered on a subscription basis. You will be billed in advance on a recurring and periodic basis (monthly or annually). You agree to pay all applicable fees and charges associated with your account.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

LEED certification decisions are made solely by the U.S. Green Building Council (USGBC). VERTIQ provides analysis and recommendations but does not guarantee any specific certification outcome.

9. Limitation of Liability

IN NO EVENT SHALL EVERPOINT INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

10. Indemnification

You agree to indemnify and hold harmless Everpoint Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising out of your use of the Service or violation of these Terms.

11. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If we make material changes, we will notify you via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the federal or state courts located in Delaware.

14. DMCA Compliance

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been used inappropriately, please contact our designated agent at admin@everpoint.net with the required DMCA notice information.

15. Contact Information

If you have any questions about these Terms, please contact us at: