Last updated: September 14, 2023
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: California, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Verse, Inc, San Francisco, CA.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Verse, accessible from htttps://versestg.wpengine.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Verse, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Verse name, logo and all related names, logos, product and service names, designs and slogans (including those of Verse’s Aria software) are trademarks of Verse or our affiliates or licensors. You must not use such marks without the prior written permission of Verse. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Using our Website does not give You ownership of an intellectual property rights to the content you access. You may not use content from our Website unless You obtain permission from Verse, or unless You are otherwise permitted by law.
All rights not expressly granted to You are reserved by Verse. If You believe that material on the Website infringes Your intellectual property rights, You may request removal of the material by contacting us at hello@verse.inc.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: hello@verse.inc
Trial Services Agreement
This Trial Services Agreement (the “Agreement”) is entered into by and between and Verse Enterprises, Inc., a Delaware corporation having its principal place of business at 2 Embarcadero Center, 8th Floor, San Francisco, California 94111 (“Verse”) and the company or other legal entity accepting these terms and conditions (“Customer”).
Verse offers a software service which facilitates the purchase, delivery, optimization, monitoring and management of clean power (the “Platform”). Verse wishes to make the Platform and any printed or online written guides and documentation made available by Verse to Customer in conjunction with the Platform (the “Documentation”) (the Platform and the Documentation, collectively, the “Solution”) available to Customer for testing and evaluation subject to the terms and conditions set forth in this Agreement.
Please review this Agreement carefully before accessing or using the Solution. By accepting this Agreement (whether by completing the registration process or by clicking a box that indicates acceptance), or by accessing or using the Solution, Customer agrees to all of the terms and conditions of this Agreement. If Customer does not agree to all of the terms and conditions of this Agreement, Customer must not access or use the Solution.
Trial Use. Subject to Customer’s compliance with this Agreement, Verse shall provide Customer with limited access to the Solution during the Trial Period (as defined in Section 7 (Term and Termination) below) for Customer’s internal use only in Customer’s business for the sole purpose of testing and evaluating the Solution. The rights granted herein are granted solely to Customer, provided however, that Customer may permit any person or entity that controls, is controlled by, or is under common control with Customer (a “Related Entity”) to exercise the rights granted to Customer hereunder, subject to the terms and conditions of this Agreement. Any breach of the terms and conditions of this Agreement by a Related Entity shall constitute a breach of this Agreement by Customer for which Customer is directly and fully liable to Verse.
Restrictions. Customer shall not, and it shall not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the Solution; (b) allow any person or entity other than Customer and its Related Entities to access or use the Solution; (c) sublicense, distribute, sell, use for service bureau use, for time-sharing use, for outsourcing use, as an application service provider or managed service provider environment, or as software as a service, lease, rent, loan, or otherwise transfer the Solution to any third party; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Solution, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (e) remove, alter, or obfuscate any copyright notices or other proprietary rights notices included in the Solution; (f) engage in any benchmarking or competitive analysis of the Solution; or (g) otherwise use or copy the Solution except as expressly permitted hereunder.
Feedback. Periodically at Verse’s request, and upon the expiration of the Trial Period, Customer shall provide to Verse comments, criticisms, suggested improvements and other feedback about the use, operation, functionality, features and appearance of the Solution (collectively, the “Feedback”). Customer hereby assigns to Verse all right, title, and interest worldwide in and to the Feedback and all intellectual property rights thereto. Customer agrees to do all things necessary or requested by Verse, at Verse’s expense, to perfect the assignment of all rights in the Feedback and to protect Verse’s rights therein.
Data. Any data inputted by Customer into the Solution during the Trial Period may be deleted by Verse if Customer does not purchase a subscription to the Solution before the end of the Trial Period. Verse reserves the rights to: (a) collect information about use of the Solution by Customer, (b) analyze the data input by Customer into the Solution, and (c) aggregate such information and analysis (the “Aggregated Data”). Aggregated Data shall: (i) be anonymized in a manner that ensures that such information or analysis is not attributable to Customer or any individual user; and (ii) not contain any raw data input by Customer into the Solution. Customer acknowledges and agrees that the Aggregated Data does not constitute Customer’s Confidential Information (as defined in Section 6 below) and may be shared by Verse with third parties for the purpose of providing, improving, or marketing the Solution.
Ownership. The Solution is licensed, not sold, to Customer for use only in accordance with this Agreement. Verse is the sole owner of the Solution, all Aggregated Data and all intellectual property rights in the foregoing. Verse reserves all rights in the Solution not expressly granted to Customer. Verse reserves the right to alter features, functions, capabilities, specifications, general availability and release dates, licensing terms, documentation and any other characteristics of the Solution.
Confidentiality. “Confidential Information” means (a) any business or technical nonpublic information of Verse or Customer; (b) any information relating to the Solution, its functionality and capabilities, product plans, pricing, marketing plans, business opportunities or personnel; and (c) any other information of Verse or Customer that is specifically designated by the disclosing party as confidential or proprietary. The definition of Confidential Information does not include information that (i) is in or enters the public domain without breach of this Agreement through no fault of the receiving party; (ii) the receiving party can prove with written evidence was in the receiving party’s possession prior to first receiving it from the disclosing party; or (iii) the receiving party received from a third party without restriction on disclosure and without breach of a nondisclosure obligation. The receiving party will maintain the disclosing party’s Confidential Information in strict confidence, and will exercise no less than reasonable care with respect to the handling and protection of such Confidential Information. The receiving party will not disclose the disclosing party’s Confidential Information to any third party. Customer acknowledges that the Solution and its structure, sequence, organization and code valuable trade secrets and proprietary information of Verse. Any actual or threatened breach of this Section will result in immediate, irreparable harm to Verse for which monetary damages would be an inadequate remedy, and Customer agrees that injunctive relief is an appropriate remedy for such breach and is to be made available to Verse without the requirement of posting bond.
Term and Termination. This Agreement shall continue for thirty (30) days after the date of Customer’s registration with Verse, or such later date as may be agreed to in writing by an authorized representative of Verse (the “Trial Period”), unless this Agreement is terminated earlier by either party pursuant to this Section. Either party may terminate this Agreement, with or without cause, immediately upon written notice to the other party. Upon termination of this Agreement: (a) all rights granted in this Agreement will immediately terminate; and (b) Customer must promptly discontinue all use of the Solution, and erase all copies of Verse’s Confidential Information from its networks. Verse shall not be liable for any termination of Customer’s account or of Customer’s access to the Solution. Sections 2 through 9 inclusive will survive any expiration or termination of this Agreement.
Disclaimers. Customer acknowledges and agrees that the Solution is provided for evaluation and testing purposes only. ALL USE OF THE SOLUTION IS ENTIRELY AT CUSTOMER’S OWN RISK. THE SOLUTION AND ANY SERVICES ARE PROVIDED STRICTLY “AS IS.” VERSE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SOLUTION AND ANY SERVICES (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY), WHETHER EXPRESS, IMPLIED OR STATUTORY. CUSTOMER SHALL NOT ACCESS OR USE THE SOLUTION FOR ANY PRODUCTIVE USE, AND CUSTOMER AGREES THAT VERSE SHALL NOT HAVE ANY LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE.
Limitation of Liability. IN NO EVENT WILL VERSE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, SUFFERED BY CUSTOMER, ITS RELATED ENTITIES OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY USE OF OR FAILURE TO BE ABLE TO USE THE SOLUTION. THE TOTAL AGGREGATE LIABILITY OF VERSE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY USE OF OR FAILURE TO BE ABLE TO USE THE SOLUTION WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT.
General Terms. The parties are independent contractors. Customer will not assign, delegate or transfer this Agreement or any rights granted hereunder without the express prior written consent of Verse, and any purported or attempted assignment in violation of the foregoing is null and void. Verse may assign, delegate or transfer this Agreement without Customer’s consent. This Agreement will be governed and construed in accordance with the laws of the State of California without regard to any conflict of laws principles that would require the application of the laws of another jurisdiction. Any dispute arising under or in connection with this Agreement will be heard exclusively in the state and federal courts located in San Francisco, California. Customer hereby expressly and irrevocably consents, and waives any objection, to the personal jurisdiction, venue and convenience of such courts. No waiver by Verse of any breach of or right under this Agreement will be a waiver of any preceding or succeeding breach or any other right. This Agreement constitutes the complete and exclusive statement of the terms of the agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.