Terms of Use
Effective Date: November 12, 2025
Last Updated: November 12, 2025
1. Introduction
These Terms of Service (“Terms”) govern your access to and use of the websites, digital
platforms, applications, and services operated by Brinkman (“Brinkman,” “we,” “us,” or “our”).
Collectively, these are referred to as the “Services.”
By using or accessing any of the Services, you agree to be bound by these Terms and our
Privacy Policy. These Terms apply to all visitors, users, customers, organizations, and any other
persons who access or use the Services (“Users” or “you”). If you are accepting these Terms on
behalf of a company or other legal entity, you represent that you have the authority to bind that
entity.
If you do not agree to these Terms, you may not access or use the Services.
Brinkman may modify or update these Terms from time to time. We will post the revised Terms
on our website with the “Last Updated” date at the top. Continued use of the Services after any
modification constitutes acceptance of the updated Terms.
2. About Brinkman and the Services
Brinkman provides technology platforms, data systems, and related professional services to
support environmental, forestry, and sustainability projects, including but not limited to project
tracking, reporting, verification, restoration analytics, and digital engagement tools.
The Services may be accessed directly through our website or indirectly through integrations
with third-party applications or project partners. Certain Services may require registration,
subscription, or the execution of additional agreements.
Brinkman reserves the right to modify, suspend, or discontinue any part of the Services at any
time, including the addition or removal of features or functionalities.
3. Eligibility and Account Registration
To use certain features, you may be required to create an account. You must be at least the age
of majority in your province or territory of residence to register for an account.
When registering, you agree to provide accurate, current, and complete information and to keep
it updated. You are responsible for maintaining the confidentiality of your login credentials and
for all activities conducted through your account.
If the account is created on behalf of an organization, you represent that you have authority to
act on that organization’s behalf and that all users under that organization will comply with these Terms. Brinkman reserves the right to suspend or terminate accounts that provide false
information or violate these Terms.
4. Fees, Payments, and Subscriptions
Some Services may require payment of fees, which will be specified at the time of purchase or
within a separate agreement. All fees are stated in Canadian dollars unless otherwise specified
and are subject to applicable taxes.
Payments must be made in full and on time using an approved payment method. Late payments may result in suspension or termination of access to the Services.
Recurring subscriptions, if applicable, will automatically renew at the end of each billing period
unless cancelled prior to renewal. You may cancel a subscription by following the instructions in
your account settings or by contacting Brinkman directly. Brinkman reserves the right to modify pricing at any time, with notice provided prior to the next
billing cycle.
All payments are non-refundable except where required by law or explicitly stated otherwise.
5. Ownership of Intellectual Property
All content, software, graphics, logos, trade names, text, interfaces, and other materials
comprising or used in connection with the Services are the exclusive property of Brinkman or its licensors and are protected by applicable copyright, trademark, and intellectual property laws.
Brinkman grants you a limited, non-exclusive, non-transferable, revocable license to access and
use the Services for lawful purposes consistent with these Terms. This license does not grant
you any ownership or proprietary rights in the Services, nor does it allow you to copy, modify,
distribute, or create derivative works of any part of the Services without our written permission.
All rights not expressly granted in these Terms are reserved by Brinkman.
6. User Content
You may upload, submit, or provide content, data, or other materials to the Services (“User
Content”). You retain ownership of any intellectual property rights in your User Content.
By providing User Content, you grant Brinkman a non-exclusive, worldwide, royalty-free,
transferable, and sublicensable license to use, reproduce, adapt, distribute, display, and create
derivative works of your content as reasonably necessary to operate and improve the Services,
deliver contracted work, or promote joint projects.
You represent and warrant that you have the right to provide such content and that it does not
infringe any third-party rights, violate applicable law, or contain malicious or unlawful material.
Brinkman reserves the right to remove or disable access to User Content that, in its judgment,
violates these Terms or is otherwise inappropriate.
7. Data Usage and Privacy
Brinkman’s handling of personal information is governed by our Privacy Policy, which is
incorporated by reference into these Terms.
By using the Services, you acknowledge that we may collect and process personal information
as described in the Privacy Policy, including to provide, maintain, and improve the Services;
analyze usage; and meet legal or contractual obligations.
Where applicable, you consent to the storage and processing of personal information in Canada
or other jurisdictions where Brinkman or its service providers operate, in compliance with
Canadian privacy law.
8. Acceptable Use of the Services
You agree to use the Services only in accordance with applicable laws and these Terms. You
shall not:
- Use the Services for any unlawful, fraudulent, or malicious purpose;
- Access or attempt to access systems or data not intended for you;
- Upload viruses, malware, or harmful code;
- Reverse-engineer, decompile, or disassemble the Services;
- Use the Services to infringe the rights of others or to distribute unauthorized materials;
- Interfere with or disrupt the integrity or performance of the Services;
- Use the Services to develop a competing product or service.
Brinkman reserves the right to suspend or terminate accounts or access privileges for violations
of this section, without notice or liability.
9. Third-Party Services and Links
The Services may contain links to third-party websites or integrate with third-party platforms.
Brinkman is not responsible for the availability, content, or practices of those third parties.
Accessing them is at your own risk, and you should review their terms and privacy policies
before engaging with them.
Brinkman may use third-party service providers (e.g., hosting providers, analytics tools,
payment processors) to operate parts of the Services. These providers are bound by
confidentiality and security obligations consistent with Canadian privacy standards.
10. Feedback and Suggestions
You may choose to provide feedback, suggestions, or ideas regarding the Services
(“Feedback”). By submitting Feedback, you grant Brinkman a perpetual, worldwide, irrevocable,
royalty-free license to use and incorporate that Feedback without restriction or obligation to
compensate you.
11. Confidentiality
If either party discloses Confidential Information to the other, the receiving party shall use the
same degree of care it uses to protect its own confidential information (and not less than a
reasonable degree of care). Confidential Information may only be used for the purpose for which it was disclosed and may not be shared with third parties except as required by law.
Confidential Information does not include information that is publicly available, becomes publicly available through no fault of the receiving party, or is independently developed without reference to the disclosing party’s information.
12. Disclaimers
The Services are provided “as is” and “as available,” without warranties of any kind, whether
express, implied, statutory, or otherwise. Brinkman specifically disclaims all implied warranties
of merchantability, fitness for a particular purpose, and non-infringement, and any warranties
arising out of course of dealing or usage.
Brinkman does not warrant that the Services will be uninterrupted, secure, or error-free, or that
any defects will be corrected. Any reliance you place on the Services is at your own risk.
13. Limitation of Liability
To the fullest extent permitted by law, Brinkman, its affiliates, officers, employees, and agents
shall not be liable for any indirect, incidental, consequential, special, or exemplary damages,
including loss of profits, goodwill, or data, even if advised of the possibility of such damages.
Brinkman’s total liability for any claim arising out of or relating to these Terms or the Services
shall not exceed the greater of (a) the amount you paid to Brinkman for the Services in the
twelve months preceding the claim or (b) one hundred Canadian dollars (CAD $100).
These limitations apply regardless of the legal theory on which the claim is based and even if a
remedy fails of its essential purpose.
14. Indemnification
You agree to indemnify, defend, and hold harmless Brinkman and its officers, directors,
employees, and contractors from and against all claims, damages, obligations, losses, liabilities,
costs, and expenses (including legal fees) arising from your use of the Services, your User
Content, or your violation of these Terms or applicable law.
Brinkman reserves the right to assume control of any matter subject to indemnification, in which case you agree to cooperate with Brinkman’s defense.
15. Term and Termination
These Terms remain in effect while you access or use the Services. You may terminate your
account at any time by contacting Brinkman or through your account settings.
Brinkman may suspend or terminate your access immediately, without notice, if you breach
these Terms, fail to pay applicable fees, or act in a way that may harm Brinkman, other users, or
third parties.
Upon termination, all licenses granted to you will immediately cease. Brinkman may retain and
use information as necessary to comply with its legal obligations, resolve disputes, or enforce
agreements.
Sections relating to intellectual property, confidentiality, disclaimers, limitation of liability, and
indemnification will survive termination.
16. Modifications to the Services
Brinkman reserves the right to modify, suspend, or discontinue any part of the Services at any
time, including features, functionality, or availability. When feasible, Brinkman will provide
reasonable notice of material changes.
Your continued use of the Services following such changes constitutes acceptance of the
modifications.
17. Security
Brinkman employs reasonable administrative, physical, and technical safeguards to protect data
against unauthorized access, loss, or misuse. However, no system or transmission over the
internet is entirely secure. You acknowledge that you provide information at your own risk and
are responsible for maintaining the confidentiality of your account credentials.
18. Governing Law and Dispute Resolution
These Terms and any related disputes shall be governed by and interpreted in accordance with
the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
Before commencing legal action, the parties agree to attempt in good faith to resolve disputes
through negotiation or mediation. If unresolved, disputes may be submitted to the exclusive
jurisdiction of the courts located in British Columbia.
You agree that any claim or cause of action arising from or related to the Services must be filed
within one (1) year after such claim arose, or it will be permanently barred.
19. Force Majeure
Brinkman will not be liable for any failure or delay in performance due to events beyond its
reasonable control, including natural disasters, war, terrorism, labor disputes, government
action, or network failures.
20. Notices
Brinkman may provide notices to you via email, website postings, or in-app notifications. You
agree that electronic communications satisfy any legal requirement for written notice.
21. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision will be
enforced to the maximum extent permissible, and the remaining provisions will remain in full
force and effect.
22. No Waiver
Failure by Brinkman to enforce any right or provision of these Terms shall not constitute a
waiver of that right or provision.
23. Entire Agreement
These Terms, together with the Privacy Policy and any applicable service agreements,
constitute the entire agreement between you and Brinkman regarding the Services and
supersede any prior agreements or understandings.
Any rights not expressly granted herein are reserved by Brinkman.