SiteLogIQ, Inc.
End-User License Agreement
Effective Date: July 13, 2022
This End-User License Agreement (“EULA”) available at https://sitelogiq.com/portfolioiq-eula, is entered into the Effective Date (as defined herein) by SiteLogIQ, Inc., a Delaware corporation having a principal office located at IDS Center, 80 South 8th Street, Suite 1850, Minneapolis, Minnesota, 55402, U.S.A. (“SIQ,” “We,” “Us,” or “Our”), and you (“User,” “You,” or “Your”). The following EULA, together with any documents they expressly incorporate by reference, govern Your access to and use of SIQ’s web-based, or device-installed, application, entitled “PortfolioIQ” (accessible at https://www.sitelogiq.com/portfolioiq), including any and all content, functionality, and services offered on or through the Platform (collectively, the “Application”), as well as any related mobile application, available now or in the future, including any and all content, functionality, and services offered on or through the mobile application, (the “Mobile Application”) (hereinafter, the “Application” and the “Mobile Application” shall be collectively referred to as the “Platform”). SIQ and User may be referred to in the singular as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, SIQ is in the business of, among other things, creating, developing, hosting, and providing technology- and analytics- based solution for Users, for the purpose of planning, constructing, repairing, retrofitting, and managing Users’ buildings, construction-related projects, facilities, and facility-related operations (each, an “Asset”), so as to promote the longevity and continuity, safety, energy and operating efficiency, and future proofing for the Asset (collectively, “SIQ’s Services”);
WHEREAS, SIQ offers the Platform to its Users to provide, deliver, and facilitate SIQ’s Services;
WHEREAS, SIQ is the owner of certain patentable (and non-patentable) inventions, patents, trademarks, trade dress, copyrightable (and non-copyrightable) works of authorship, copyrights, trade secrets, technology, know-how, proprietary and confidential information, and/or other intellectual property, including the intellectual property underlying the Platform (collectively, the “SIQ Intellectual Property”);
WHEREAS, conditioned upon the use of and access to the Platform, User accepts and agrees to be bound by SIQ’s policy on privacy (“Privacy Policy”), which is incorporated herein by reference at https://www.sitelogiq.com/privacy-policy/; and
WHEREAS, subject to the terms and conditions of the EULA, SIQ desires to provide the Platform for User to access and use, and User desires to access and use such Platform, conditioned upon acceptance of the terms and conditions of the EULA.
NOW, THEREFORE, in consideration of the mutual covenants and terms hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
TERMS AND CONDITIONS
SCHEDULE 1 – ELIGIBILITY REQUIREMENTS
In order to use or access the Platform, the User must meet the following eligibility requirements:
Users may reside in and access the Platform from in any state, territory, or protectorate of the United States.
SCHEDULE 2 – CONTENT STANDARDS
Without limiting the foregoing and pursuant to the EULA, User shall adhere to the following Content Standards in connection with the User’s use of and access to the Platform. User shall not:
SCHEDULE 3 – FEATURES FOR USERS HAVING MEMBERSHIP
The following features that may be available to a User, who registered for an Account (i.e., having a Membership), are listed below. Not all Memberships are the same. The features available to each User is based upon the level selected by the User’s corporation, limited liability company, or other legal entity. The features may include, but are not limited to, the following:
SCHEDULE 4 – INTERACTIVE FEATURES
The Platform contains and hosts a variety of “Interactive Features” that may be available to a User based upon their Membership. Not all Memberships are the same. The “Interactive Features” available to each User is based upon the level selected by the User’s corporation, limited liability company, or other legal entity. These Interactive Features may include, but are not limited to, the following: