Terms of Service

Effective date: September 13, 2026

These Terms govern the websites, hosted applications, downloadable software, APIs, files, documentation and other products or services provided under the Observable Data name (the Services). A reference to a type of Service does not mean that it is currently offered or included in your plan.

Please read Sections 9 and 13 to 16 carefully. They allocate the risks of outages, software errors and business reliance, exclude specified losses and limit damages recoverable from Observable Data and the proprietor personally. Section 2 preserves rights that cannot lawfully be limited.

1. Contracting party and agreement

Observable Data, we, us and our mean Erik Weisner, carrying on business as Observable Data, an unincorporated sole proprietorship in British Columbia, Canada. Observable Data is a business name, not a separate legal person from the proprietor.

Protected Parties means the proprietor personally, whether acting under the Observable Data name or their own name, and our employees, contractors, agents, licensors and service providers, but only in connection with their work in providing or supporting the Services. It also includes lawful successors and permitted assigns in that capacity.

You enter into this agreement when you expressly accept these Terms through an acceptance control presented with them, or sign an agreement incorporating them. Simply visiting a website does not by itself establish your express acceptance. We may require acceptance before enabling an account, purchase, download or other Service.

If you accept for an organization, you represent that you have authority to bind it, and you means that organization. If you accept for your own unincorporated business, you are the contracting customer. If you do not agree, do not complete the acceptance or purchase process.

2. Business use and rights preserved by law

Our products are intended primarily for business, professional, commercial and operational use. If you purchase on behalf of a business, you represent that you are acquiring the Service primarily for that business's operations. This statement does not change the legal character of a transaction or remove protections that apply to you, including protections available to some business customers.

Nothing in these Terms excludes, limits or transfers any liability, guarantee, condition, warranty, right or remedy that applicable law does not allow us to exclude, limit or transfer. This rule overrides every other section, including the indemnity, damage exclusions, liability cap and forum clause.

In particular, these Terms do not restrict mandatory rights concerning service quality, digital content, privacy, cancellation, renewals, repairs, replacement, refunds or compensation. They do not exclude liability for fraud or fraudulent misrepresentation, or death or personal injury caused by negligence. They do not restrict complaints to regulators, legally protected court or tribunal proceedings, or payment-dispute rights. Other intentional wrongdoing or gross negligence remains subject to every restriction on limitation imposed by applicable law.

3. Accounts

Provide accurate account information, protect your credentials and update details that materially affect your account or subscription. Notify us promptly if you believe your account has been compromised.

You are responsible for use you authorize and for reasonable credential security. This does not make you responsible for a failure for which we are legally responsible. We may take proportionate steps to protect accounts, investigate misuse or comply with law, subject to Sections 19 and 20.

4. Orders, subscriptions and cancellation

4.1 Purchase information

Before you commit to a purchase, we will present the applicable order information: the supplier's identity; product and plan; included functionality and relevant system requirements; when supply starts and any agreed completion date; itemized price, currency, taxes and other charges; payment frequency and amounts; initial term; renewal terms; promotional conditions and what happens when a promotion ends; cancellation and refund rights; and any other material restrictions. For an ongoing subscription, we will identify the price per billing period and its continuing nature rather than imply a fixed total when none is agreed.

You will have an opportunity to review the full agreement, correct order errors and accept or decline before completing the purchase. We will provide a retainable copy of your agreement, including your order information, name, contract date and accepted Terms, by email or another lawful method within the applicable deadline. For a covered British Columbia distance-sales or future-performance contract, that deadline is 15 days after the contract is made.

4.2 Recurring charges and ordinary cancellation

An automatic renewal applies only if disclosed and expressly agreed before purchase. You authorize the disclosed recurring charges until cancellation or expiry, subject to all applicable notice and consent requirements. A payment authorization is not permission to change the agreed price or other contract terms unilaterally.

You may cancel renewal at any time, including after a renewal, without a cancellation fee. Use the cancellation method presented with your order, or email support@observabledata.com with enough information to identify the subscription. We will not require a telephone call or a particular account control as the only way to exercise a statutory cancellation right. You may also use any method permitted by applicable law. Cancellation is not conditional on a discretionary refund being approved.

Ordinarily, cancellation stops the next renewal and access continues until the end of the period already paid for. That ordinary rule does not postpone a cancellation, refund or termination right described below or required by law. When cancellation takes effect immediately under such a right, access may end at that time and the applicable refund rules apply.

4.3 British Columbia consumer subscription renewals

Where British Columbia's subscription-contract rules apply to your purchase:

• For an automatic renewal term of 60 days or less, you may cancel the renewal at any time before or after the renewal date without charge or penalty. Cancellation under this renewal rule alone does not require a refund for the unused part of that short renewal term. Other refund rights remain available.
• For an automatic renewal term of more than 60 days, you may cancel the renewal at any time before or after the renewal date. Before renewal, there is no charge or penalty. After renewal, you are entitled to the legally required refund for the unused portion. We will give you notice between 30 and 60 days before renewal, identifying the renewal date, cancellation rights, how to cancel and that renewal will occur if you do not respond. We will use a method that enables us to prove receipt.
• Following cancellation after a renewal of more than 60 days, we will provide the required refund within 15 days after cancellation notice is given. For time-based Services, it is calculated using the remaining days divided by the full term in days, applied to the money paid under the renewed contract. If the contract is clearly based on other service units, the legally prescribed unused-unit calculation applies instead. We will cancel or return applicable payment instruments or authorizations within the statutory deadline of 30 days, and will not use that deadline to collect further payments prohibited by the cancellation.

We will not enforce an automatic-renewal provision that is void under these rules. This section does not limit additional cancellation rights for missing or inconsistent disclosures, failure to provide a contract copy, failure to supply, or other statutory grounds.

4.4 Payment services and merchants of record

An order may use a payment processor or a separately identified merchant of record. The checkout will identify that party and any separate terms applicable to the transaction. We remain the provider of the software and the contracting party for the Service obligations we undertake in these Terms. This does not displace another party's legal responsibilities or rights under the transaction.

A merchant of record or payment provider may have its own refund, dispute and cancellation requirements. Where those requirements grant you stronger transaction rights, these Terms do not restrict them. You may contact us for product support and the identified transaction provider for matters it handles. We will assist with requests we receive rather than require you to surrender a right because another party processed the payment.

Do not send complete card numbers, card security codes or account passwords to support.

5. Refunds and billing corrections

Duplicate or incorrect charges will be investigated and corrected promptly. Our review does not delay any legally required correction or refund deadline.

You may request a refund through support. Except for rights under Section 4, applicable law, your order or an applicable payment-provider policy, cancellation during a paid period does not automatically create a partial-period refund. We may grant additional refunds or credits in our discretion.

Amounts due as billing corrections, statutory refunds, refunds expressly promised in your order or Section 19, or refunds required under applicable merchant-of-record transaction terms are not reduced by the damage exclusions or liability cap in Sections 15 and 16.

A refund, credit or correction is not by itself an admission of fault, negligence, breach or liability for other losses. It is not a release of your remaining rights unless you separately agree to a lawful settlement. Double recovery of the same loss is not permitted to the extent applicable law allows that principle to apply. Contacting us first may help resolve a problem, but it is not a condition of exercising a payment-dispute or statutory right.

6. Hosted Services and availability

Hosted Services depend on systems operated by us and third parties. They may be slow, inaccessible or unavailable for minutes, days or longer because of maintenance, database or storage failure, DNS or internet failure, capacity limits, security shutdowns, third-party API or infrastructure outages, human error, defective releases, deployment mistakes or other causes, including our negligence.

Unless expressly agreed in a separate written commitment, no service-level agreement, uptime percentage, support response time, recovery time or uninterrupted-availability guarantee is included. This does not cancel our express undertaking to supply the purchased Service or your rights under Sections 2, 4, 5 and 19.

7. Downloadable software and licences

If your order includes downloadable software, we grant a limited, non-exclusive, non-transferable licence to use it within your plan's scope for the entitlement period. Revocation or early termination is subject to Sections 19 and 20, rather than an unrestricted right to revoke paid access at will.

A product may require activation or a signed, expiring licence. Its order information will explain material connectivity, refresh and expiry requirements before purchase. A qualifying renewal may allow the licence to be refreshed. No ownership of our software passes to you.

Do not circumvent licence controls, misuse credentials or signing material, or use the software outside your entitlement, except to the extent a restriction is prohibited by law. Licence expiry does not authorize us to delete your local files. You remain responsible for preserving those files and for arranging continued access to any software needed to read them.

8. Customer Data

You retain ownership of information and content you submit to a Service (Customer Data). You grant us only the rights reasonably necessary to host, process, transmit and copy it to provide, secure, maintain and support that Service, comply with law and enforce this agreement lawfully.

This licence does not authorize unrelated advertising, sale of your data or unrelated model training. Any additional use requires a separate lawful basis and appropriate disclosure or consent. Personal information is also subject to applicable privacy law and the Privacy Policy presented for the Service.

You are responsible for having the rights and lawful authority needed to submit Customer Data. Where export or backup tools are provided, use them as appropriate. No backup frequency, retention period or restore capability is promised unless stated in your order or product terms.

9. Customer business-continuity responsibilities

Assess whether the Service is suitable for your operations and maintain safeguards proportionate to the consequences of interruption, error or loss. These may include independent copies of important records, verification of exports and results, manual alternatives and other continuity procedures.

Do not make a Service your only safeguard for critical records or operations where a failure could cause serious business, safety or regulatory harm. If your work requires guaranteed uptime, accuracy or recovery, the standard Service is not offered on that basis unless we expressly agree otherwise in writing.

These responsibilities allocate operational risk. They do not eliminate an express product commitment or a legal duty we owe you. A failed or unavailable export does not prove that you failed to take reasonable precautions.

10. Decisions, outputs and professional advice

You are responsible for reviewing important records, calculations, transformations, comparisons, reconciliation results, exports and reports before relying on them. Software may produce an apparently plausible result containing a silent error.

Unless specifically agreed in writing, the Services do not provide professional legal, accounting, tax, engineering, medical, food-safety, regulatory, agricultural or financial advice or certification. You remain responsible for your decisions, processes, filings, deadlines, production and compliance. A tool that records, organizes or presents information does not assume responsibility for the decision you make with it.

11. Acceptable use

Do not use a Service unlawfully, infringe another person's rights, gain unauthorized access, distribute malware, interfere with security or availability, resell access without permission, or circumvent technical restrictions except where applicable law permits it. Section 20 governs suspension or termination for misuse.

12. Third-party systems

Services may depend on hosting, storage, internet, DNS, email, authentication, operating systems, browsers, payment services, marketplaces, platform APIs and other third-party systems. Their features, availability, compatibility and policies can change.

We do not guarantee the independent performance of those systems. Losses arising from their failures are subject to Sections 15 and 16, just as losses from our own errors are. This clause does not remove a responsibility we expressly undertake or a responsibility for our selection, configuration, security or supervision of providers that applicable law does not permit us to exclude.

13. Warranty disclaimer

Except for our express commitments in the agreement for your purchase and rights preserved by Section 2, the Services are provided AS IS and AS AVAILABLE. To the fullest lawful extent, the Protected Parties disclaim implied warranties and conditions, including merchantability, satisfactory quality, fitness for a particular purpose and non-infringement, and those arising from a course of dealing or usage of trade.

We do not otherwise promise that a Service will always be available; contain no defects, vulnerabilities or harmful components; work in every configuration; remain compatible with every third-party service; preserve every record; produce complete, current or accurate outputs; meet every business requirement; achieve a business or compliance outcome; or remain available indefinitely.

This disclaimer does not deny a mandatory guarantee or the core functionality expressly sold to you. The remedies for a breach remain subject to the lawful exclusions and cap below, with the exceptions stated in Sections 2 and 5.

14. Downtime, error and business-reliance risk

Outages and errors are risks of using software. You accept responsibility for the business-continuity and verification measures described in Sections 9 and 10. Software may crash, corrupt or omit records, generate a wrong calculation or reconciliation, export incorrect information, or otherwise fail, including through negligent development, maintenance or deployment.

Your subscription is payment for the Service, not insurance for your business. The proprietor does not agree to insure your revenue, profits, production, contracts, customers, records, deadlines, regulatory exposure or other business risks. The exclusions and cap below are material terms on which the standard Service is offered. They apply to temporary and permanent loss of access, subject to the refund and other rights expressly preserved in this agreement.

15. Excluded losses

Subject to Sections 2 and 5, the Protected Parties are not liable for the following losses arising out of or relating to a Service or this agreement, whether a listed loss is characterized as direct, indirect, incidental, special or consequential:

• lost profits, revenue, sales, anticipated savings, contracts, customers or business opportunities;
• lost production, business or operational interruption, lost use, goodwill or reputation;
• the commercial value of lost, corrupted, inaccurate or unavailable data;
• costs of replacement software or services, additional staff work, manual processing, data recovery, re-entry, reconstruction or remediation;
• economic loss from a missed deadline, filing, transaction, delayed decision or reliance on an incorrect record or result; and
• fines or penalties imposed on you in connection with your operations, but only to the extent excluding your claim for reimbursement is lawful.

The Protected Parties also exclude liability for other indirect, incidental, special or consequential damages and for exemplary, aggravated or punitive damages to the extent their exclusion is lawful.

These exclusions apply regardless of foreseeability or notice of the possibility of loss. They expressly cover losses resulting from downtime, access failures, bugs, incorrect or incomplete output, silent defects, data loss, human error, negligent releases, deployment mistakes, security interruptions, third-party failures and business reliance.

They apply under every legally excludable cause of action, including contract, tort including negligence, negligent misrepresentation, strict liability, statute and other legal theories. They do not prevent a claim for other recoverable direct damages; those damages are subject to Section 16. They do not exclude the Protected Parties' own fines or obligations to a regulator or a claim by someone not bound by this agreement.

16. Aggregate damages cap and personal coverage

Subject to Sections 2 and 5, the total damages liability of all Protected Parties collectively to you for claims relating to an affected Service is limited as follows. Naming the proprietor personally, using the Observable Data name, naming several defendants or asserting different causes of action does not create separate limits.

An affected Service is the separately identified product or subscription to which the claim relates, including its associated website, API, documentation, support and included features. An included feature is not a separate Service. A claim relating only to the free public website is a claim concerning that free Service.

For an event giving rise to liability, the reference amount is the total fees you actually paid for that affected Service in the 12 months immediately before the event. If no fees were paid during that period, the reference amount is CAD $50. Where some fees were paid, $50 is not a minimum that increases the fees-based amount.

Fees include amounts paid for the Service through our authorized payment processor or merchant of record, before deduction of its processing fees, but exclude taxes, erroneous duplicate charges and amounts for other products. They do not depend on the amount ultimately paid out to us. Amounts in another currency will be converted to Canadian dollars using the transaction's recorded conversion rate, or, if none is recorded, a reasonable published rate for the payment date.

Claims arising from the same event or a series of events with a common originating cause share one reference amount, measured immediately before the first event in that series. Repeated effects, repeated claims, changed legal theories and renewals do not create a new limit for that series.

For all claims concerning an affected Service, including claims from unrelated events, the overall aggregate cap is the largest reference amount applicable to any of those claims, not the sum of the reference amounts. An individual event or related series remains limited to its own reference amount. Damages already paid by any Protected Party count toward the applicable collective limits. A later unrelated event can increase the overall ceiling only if its reference amount is higher; it does not reset amounts already used.

If a common event affects more than one separately purchased product, those affected products are treated together for that event using their combined qualifying fees, counted once. Unaffected products do not increase the cap. A loss cannot be recovered twice by allocating it to different products.

These limits apply to all claims for damages in contract, tort including negligence, negligent misrepresentation, strict liability, statute or otherwise, to the fullest extent permitted by law. They survive termination. The warranty disclaimer, exclusions and cap are independent protections: if one is unavailable, the others still apply to the extent lawful.

The parties expressly intend that each Protected Party may rely on and enforce Sections 2, 5, 9, 10 and 12 to 17 for activities within the scope defined in Section 1. We obtain those protections for ourselves and for those parties. The proprietor's protection is direct as the contracting party and does not depend solely on third-party-beneficiary status. These provisions do not limit any independent obligation that a payment provider owes under its own customer agreement.

17. Business-customer indemnity

This section applies only to a transaction primarily for business or professional purposes, and only to the extent lawful. It does not apply to a transaction that applicable law treats as a consumer transaction for the purpose of prohibiting this indemnity.

You will indemnify the Protected Parties for third-party claims and reasonable resulting damages, settlements and defence costs to the extent caused by your unlawful use, your infringement of another person's rights through Customer Data you supply, your material breach of this agreement, or an unauthorized representation you make to others about our Service. Submission of lawful Customer Data or an ordinary business decision does not alone trigger this obligation.

You do not indemnify a Protected Party to the extent the claim results from that party's own negligence, fraud, wilful misconduct or breach of its agreement with you, or where law prohibits shifting the liability.

We must give reasonably prompt notice of the claim. A delay relieves you only to the extent it materially prejudices the defence. You may control the defence with competent counsel and must keep us reasonably informed. We will give reasonable cooperation at your expense and may participate with our own counsel at our expense. You must not agree to a settlement that admits fault by a Protected Party, imposes a non-monetary obligation on it or fails to release it from the settled claim without its written consent, not to be unreasonably withheld. If you do not take over a required defence after reasonable notice, we may defend and recover reasonable costs subject to this section. No settlement expense is recoverable from you without your reasonable consent.

18. Intellectual property

We and our licensors retain ownership of the Services and associated software, designs and documentation, excluding Customer Data and rights belonging to others. You receive only the rights expressly granted in your agreement or by law.

We may use voluntary feedback without payment, but feedback does not transfer ownership of Customer Data or authorize use of confidential or personal information contrary to our obligations.

19. Service changes and discontinuation

We may maintain and update a Service, including correcting defects and responding to security threats. During a paid term, this is not an unrestricted right to remove the material functionality purchased or change the agreement. Changes to contractual commitments are governed by Section 24.

We may stop offering future renewals. We may also discontinue a Service, subject to applicable law, required notices and the following commitment: if we permanently discontinue your paid Service before the end of its paid term for reasons other than your material breach, we will refund prepaid fees for the unused period. Mandatory rights may require additional remedies. Where reasonably practicable, we will give advance notice and an opportunity to use available export functionality before discontinuation.

That unused-period refund is a billing remedy, not compensation for business losses. Sections 2, 5, 15 and 16 determine which other remedies or damages remain available. There is no promise that a product, integration or feature will be offered indefinitely.

20. Suspension and termination

You may stop using a Service and cancel under Section 4. We may suspend access or terminate for material breach, nonpayment, a material security risk, unlawful use, or where required by law. Action must be reasonably proportionate to the reason. Where reasonably practicable and appropriate, we will notify you and allow a reasonable opportunity to remedy a breach; urgent security or legal action may occur without advance notice.

Suspension is not a way to avoid a required refund or another mandatory obligation. Ending an agreement does not erase rights or properly accrued obligations. Sections concerning ownership, confidentiality where agreed, data handling, risk allocation, exclusions, caps, indemnity, dispute terms and accrued obligations survive to the extent their nature requires.

21. Data when access ends

The applicable product or order information will state any export window and retention or deletion arrangements. This agreement alone does not promise a post-termination export feature or indefinite storage.

Preserve records you need before access ends when you reasonably can. We will honour any express export or retention commitment and applicable privacy or other legal obligations. Loss, failed export, corruption or accidental deletion remains subject to Sections 2 and 13 to 16. We will not intentionally use subscription or licence expiry to destroy your local files on your own devices.

22. Privacy

The Privacy Policy presented for the Service explains personal-information practices. Acknowledging that policy is not blanket consent to every possible use of personal information. These Terms do not override privacy law or substitute for consent required for a particular activity.

23. Electronic communications

You agree that transactional agreements and notices may be provided electronically where law permits. Keep your contact email current. We will use the form, timing and delivery method required by law; this agreement does not replace a requirement to prove receipt with an assumption that all notices were read. Marketing permissions are separate.

24. Changes to the agreement

We may prepare new Terms for future agreements, but posting them does not amend an existing agreement. Material changes to an active subscription require your express agreement and any additional notice or rights required by law. We will not treat an automatic renewal or continued use alone as consent to a revised contract.

For a subscription governed by British Columbia's subscription-contract rules, these Terms do not grant a power to unilaterally amend the contract, including its price, cancellation, return, exchange or refund provisions. Unless you agree to a lawful replacement agreement, the existing terms continue, subject to our ability under Section 19 to stop future renewals or discontinue the Service with the required remedies. No change retroactively removes accrued rights.

25. Product and order terms

The product, plan and order information presented before acceptance forms part of your agreement. A separately signed agreement may expressly modify these Terms. Product-specific commitments control an actual conflict on that product's scope, price or performance, but do not implicitly remove the protections for Protected Parties in Sections 13 to 17. Any negotiated change to those protections must expressly identify the change. Nothing overrides Section 2.

26. Governing law and dispute forum

British Columbia law and applicable Canadian federal law govern this agreement, subject to mandatory laws that apply despite that choice.

For business transactions, the parties agree to resolve disputes in courts located in British Columbia, subject to non-waivable rights and the jurisdiction of any competent statutory tribunal. For consumers, British Columbia is a non-exclusive forum: nothing requires you to give up a court or tribunal available under applicable consumer law. Nothing requires arbitration, waives a legally protected class proceeding or prevents a regulator complaint.

27. Customers outside British Columbia

Your responsibilities for your own operations do not transfer our legal obligations as a supplier to you. Local mandatory protections may apply even though we are based in British Columbia.

Where applicable, this includes consumer and digital-content rights in the EU or EEA and the United Kingdom, consumer guarantees and unfair-contract protections in Australia, and applicable US federal and state protections. These Terms do not deprive you of remedies, compensation or forum rights that cannot be waived. Some protections can apply to business purchases. We do not represent that a BC choice-of-law clause displaces them.

28. Assignment

You may not transfer your subscription or agreement without our written consent, not to be unreasonably withheld, except where law permits transfer without consent.

We may transfer the agreement with a sale or transfer of the relevant business or product if the transferee assumes the applicable obligations and the transfer does not reduce your contractual or mandatory rights. We will provide any required notice and obtain consent where required. Assignment alone does not release an accrued claim against the proprietor or transfer away a legal responsibility that requires your consent to release.

29. Severability

If a provision cannot lawfully be enforced, it is severed or limited only as applicable law permits. The remainder continues where legally possible. This clause does not require a court to rewrite an unfair or invalid term to make it enforceable.

30. No waiver

A failure to enforce a term on one occasion does not waive the right to enforce it later, subject to applicable law.

31. Complete agreement and precedence

These Terms and the order and product terms expressly presented and incorporated when you accepted constitute the agreement for the Service, subject to any separate signed agreement. A refund or cancellation policy forms part of it only if presented and incorporated at that time. Such a policy cannot reduce the rights stated in Sections 2, 4 and 5. The Privacy Policy governs the personal-information matters it addresses, subject to law.

This clause does not exclude reliance on a representation or pre-contract statement that applicable law makes binding, or liability that Section 2 preserves. Separate merchant-of-record terms govern that party's transaction responsibilities and are not displaced by this agreement.

32. Interpretation

Headings help readers find provisions. "Including" introduces examples, not an exhaustive list. Legal references include applicable amendments. If a translation is provided, English controls only where law permits; required language rights remain unaffected.

33. Contact

Observable Data
Operated by Erik Weisner, sole proprietor
British Columbia, Canada
Website: https://observabledata.com/
Support and cancellation notices: support@observabledata.com

Your order will also include any additional supplier contact details required for that transaction. You may exercise statutory rights through any legally permitted notice method.

Contact

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