Your acceptance of these Terms by clicking, browsing, submitting a form, or otherwise using the Platform constitutes a valid electronic signature and legally binding agreement equivalent to a handwritten signature, to the full extent permitted by: Canada's Electronic Commerce Act (BC) and equivalent provincial legislation; the United States' Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted in applicable states; and Australia's Electronic Transactions Act 1999 (Cth) and equivalent state and territory legislation. You waive any right to claim that these Terms are unenforceable solely because they were accepted electronically rather than by written signature. We may log your IP address, browser fingerprint, and timestamp of acceptance as evidence of your agreement.

We do not knowingly collect personal information from anyone under the age of 13. Our Platform is not directed to children, and we do not knowingly sell or share the personal information of minors under 16. If you are a California resident under 18 and have registered on our Platform, you may request removal of content or information you have publicly posted by contacting admin@prodigywildfire.com (California Business & Professions Code § 22581 — "eraser right"). We will make the content not publicly visible, though it may not be completely removed from all systems. If we discover we have inadvertently collected personal information from a child under 13, we will delete it promptly. Parents or guardians who believe their child has submitted personal information to us should contact us immediately at admin@prodigywildfire.com.

When you submit any content, information, data, photographs, communications, feedback, reviews, or testimonials to the Platform (collectively, "User Submissions") — including via forms, chat widgets, support emails, assessment inputs, the William AI chat, partner portal, or any other channel — you grant Prodigy Wildfire Solutions Inc. a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable licence to use, reproduce, store, process, display, distribute, and create derivative works from such User Submissions, solely for the purposes of: (a) operating and improving the Platform and our services; (b) training and refining AI and machine learning models used in our risk assessment and voice systems (in anonymised or aggregated form); (c) providing customer support; and (d) complying with legal obligations. This licence survives termination of your use of the Platform.

By submitting any User Submission, you represent and warrant that: (a) you own all rights in the User Submission or have the legal right to grant us the licence above; (b) the User Submission does not infringe any third-party intellectual property, privacy, publicity, or other rights; (c) the User Submission is accurate and not fraudulent or misleading; and (d) the User Submission does not violate any applicable law or these Terms. You indemnify us for any breach of these representations.

If you provide feedback, suggestions, or ideas about the Platform or our services, or if you provide a testimonial or review that we may wish to use in marketing materials, you grant us an irrevocable, royalty-free right to use and incorporate such feedback or testimonial in any form, without compensation or attribution, unless we expressly agree otherwise in writing. We will not use your name or likeness in testimonials or marketing materials without your express prior consent.

We may use de-identified, anonymised, or aggregated data derived from User Submissions — including aggregate wildfire risk patterns, geographic risk distributions, system performance statistics, and assessment volume by region — for product development, research, publication, and commercial purposes. No de-identified or aggregated data will identify you personally. This right is not limited by any data deletion request you may make.

The Platform may not be accessed or used from, by, or on behalf of: (a) any person or entity located in, incorporated in, or ordinarily resident in a country or territory subject to comprehensive sanctions by the United States Office of Foreign Assets Control (OFAC), the Government of Canada, the Australian Department of Foreign Affairs and Trade (DFAT), or the United Nations Security Council — including currently Iran, North Korea, Cuba, Syria, and the Crimea/Donetsk/Luhansk regions of Ukraine; (b) any individual or entity listed on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List, the Canadian Consolidated Autonomous Sanctions List, or equivalent Australian designated persons lists; or (c) any entity 50% or more owned or controlled by such persons.

You represent and warrant that you are not located in, a national of, or controlled by any such jurisdiction or sanctioned party. Violation of this provision may result in immediate termination of your access and may expose you to civil and criminal penalties under applicable law. We reserve the right to implement technical controls to prevent access from sanctioned jurisdictions. Export of our software, data, or risk models may be subject to Canadian Export and Import Permits Act, US Export Administration Regulations (EAR), and applicable Australian export control laws.

The Meta Pixel is JavaScript code that loads in your browser when you visit our website. It places cookies on your device — including _fbp and _fbc — and collects information about your browsing activity, including pages viewed and actions taken (such as submitting a form or completing a risk assessment). This data is transmitted to Meta to measure advertising effectiveness and enable delivery of relevant advertisements on Facebook and Instagram.

In addition to the browser-based Pixel, we use the Meta Conversions API — a server-side tracking technology. When you take a significant action on our Platform (submitting a lead form, completing a risk assessment), our servers may transmit certain data directly to Meta's servers. This may include hashed versions of your email address, phone number, name, and other identifiers, along with a unique event ID for deduplication. This ensures accurate conversion attribution even when browser-based tracking is blocked.

If you arrive via a Meta advertisement, Meta appends an fbclid parameter to the URL. We capture and store this identifier for ad attribution. It is shared with Meta as part of standard conversion reporting.

Manage Meta advertising preferences at facebook.com/adpreferences or opt out via the Digital Advertising Alliance. Declining non-essential cookies via our cookie banner disables the browser-based Pixel; however, server-side CAPI events may still be sent for form submissions already initiated.

By using this Platform, you acknowledge that your behavioural data and, where provided, hashed contact information may be shared with Meta Platforms, Inc. and processed under Meta's Privacy Policy. We are the data controller for data we collect; Meta is an independent data controller for data processed on its platforms.

We use an AI-powered voice assistant service (VAPI.ai) to handle telephone interactions. When you interact with our AI voice service, you are communicating with an automated artificial intelligence system, not a human employee. Our AI voice assistant identifies itself as an AI where required by law.

We may use automated telephony services (including Twilio) to place outbound calls for consultation scheduling, follow-up, and service delivery. Under the Telephone Consumer Protection Act (TCPA, USA), Canadian telecommunications regulations, and the Australian Spam Act 2003, by providing your phone number you consent to receive such calls. Standard carrier rates may apply.

Calls with our team or AI voice assistant may be recorded for quality assurance, training, compliance, and service improvement. By initiating or accepting a call with us, you consent to recording. We comply with California's two-party consent law (California Penal Code § 632 and the California Invasion of Privacy Act — CIPA), BC's Privacy Act, and equivalent state and territory laws in Australia. Where required, we announce at the start of a call that it is being recorded.

For US residents: by providing your telephone number and requesting a consultation or callback, you expressly consent to receive calls and text messages from Prodigy using an automatic telephone dialling system or artificial or prerecorded voice, at the number provided. This consent is not a condition of any purchase. You may revoke consent at any time by contacting admin@prodigywildfire.com.

Due to the personalised and immediately accessible nature of digital risk reports, all sales are final once a report has been delivered. Refund requests for undelivered digital products will be considered case-by-case. Contact admin@prodigywildfire.com within 7 days of purchase.

Refund and cancellation terms for installation services are governed by the separate written agreement between the parties. In the absence of such agreement, deposits are non-refundable after commencement of design work.

Nothing in this Section limits any non-excludable statutory consumer rights under applicable law, including the Australian Consumer Law (ACL), BC's Business Practices and Consumer Protection Act, or applicable US state consumer protection statutes.

The Platform may contain links to third-party websites, services, or resources. These links are provided for your convenience only and do not constitute an endorsement, approval, or recommendation by Prodigy Wildfire Solutions Inc. of any third-party website, its content, products, services, or privacy practices. We have no control over and accept no responsibility for the content, privacy policies, or practices of any linked third-party website. You access linked websites entirely at your own risk and subject to the terms and conditions of those websites. Our Privacy Policy and Cookie Policy do not govern your use of third-party websites.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the ACL that cannot lawfully be excluded. To the extent we are permitted to limit our liability for a failure to comply with an ACL consumer guarantee, our liability is limited, at our option, to: (a) in the case of goods — replacement or repair of the goods, or payment of the cost of replacing or repairing the goods; (b) in the case of services — re-supply of the services, or payment of the cost of having the services supplied again. Nothing in these Terms limits your right to seek compensation for loss or damage that is reasonably foreseeable as a result of a major failure with our services.

WARNING (California Proposition 65): Prodigy Wildfire Solutions does not manufacture, supply, or distribute any physical product that is used, consumed, or handled by California residents through this Platform. Our Platform delivers digital information, AI-generated reports, and software services only. To the extent any physical products, installations, or materials supplied under a separate written installation agreement involve substances listed under Proposition 65 (Safe Drinking Water and Toxic Enforcement Act of 1986, Cal. Health & Safety Code § 25249.6 et seq.), you will be notified of any applicable Proposition 65 warnings in the relevant installation agreement or product documentation prior to exposure.

THE INSTALLATION AND OPERATION OF A PRODIGY WILDFIRE DEFENCE SYSTEM DOES NOT GUARANTEE ACTIVATION, OPERATION, OR EFFECTIVENESS DURING ANY WILDFIRE EVENT. System performance depends on factors entirely outside Prodigy's control, including but not limited to:

• Availability of mains water pressure and flow rate at the time of a wildfire event.
• Electrical power supply to pumps, controllers, sensors, and network equipment.
• Internet connectivity and availability of third-party IoT platform services (including YoLink / YS Technology) at the time of an event.
• Physical condition, maintenance history, and integrity of installed hardware components.
• Obstruction, damage, or interference caused by third parties, falling debris, or fire itself.
• User error in system configuration, scheduling, or manual operation.
• False activation or premature depletion of water supply prior to a fire reaching the property.
• Failure of remote activation commands due to app, server, or connectivity outage.

An installed Prodigy system is one layer of a broader wildfire preparedness strategy. It does not replace evacuation, property hardening, ember-proofing, defensible space, insurance, or compliance with official emergency management instructions.

Prodigy makes no representation that the installation of a wildfire defence system will: (a) result in eligibility for, or continuation of, any insurance policy; (b) reduce insurance premiums or result in insurance discounts; (c) satisfy any insurer's risk mitigation requirements; or (d) prevent an insurer from denying any claim. Installation of a Prodigy system may constitute a material modification to your property. You are solely responsible for notifying your insurer of any system installation and confirming your coverage remains valid. Failure to notify your insurer of modifications may void your existing coverage. We strongly recommend obtaining independent insurance advice before and after system installation.

If you believe that any risk assessment report, system specification, or other deliverable provided by Prodigy contains a material error, inaccuracy, or omission, you must notify us in writing within thirty (30) days of receiving the report or deliverable. Failure to provide notice within this period constitutes your acceptance of the deliverable as accurate and complete, and you waive any claim arising from the alleged error or inaccuracy beyond what can reasonably be attributed to our gross negligence or wilful misconduct. This reporting period applies as a condition precedent to any claim related to the content of our deliverables.

Notwithstanding the above, if you are a consumer (an individual using the Platform for personal, domestic, or household purposes), this indemnification obligation applies only to the extent that the claim arises from your own gross negligence, wilful misconduct, fraud, or deliberate breach of these Terms. This consumer carve-out is required by applicable consumer protection law in California (Civil Code § 1668), Australian Consumer Law, and BC's Business Practices and Consumer Protection Act, and is incorporated to ensure the indemnification clause is not rendered void or unenforceable as against those laws. Nothing in this carve-out limits indemnification by business users or partners.

Before initiating any formal legal proceeding (including arbitration), you must send written notice to admin@prodigywildfire.com (Attn: Legal) describing: (a) your name and contact information; (b) the nature of the dispute; (c) the specific relief you seek; and (d) any relevant evidence. Both parties agree to negotiate in good faith for at least thirty (30) days from receipt of the notice before initiating arbitration or any other formal proceeding. This notice-and-cure period is a condition precedent to filing any claim and may not be waived.

AGREEMENT TO ARBITRATE: YOU AND PRODIGY AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM — INCLUDING ANY QUESTION ABOUT THE EXISTENCE, VALIDITY, OR TERMINATION OF THESE TERMS — SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION, AND NOT IN COURT, EXCEPT AS SET FORTH BELOW.

Arbitration shall be conducted: (a) for US users — under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, or such other rules as the parties agree, with proceedings conducted virtually or in a location mutually agreed; (b) for Canadian users — in Vancouver, British Columbia, under the BC Arbitration Act. A single neutral arbitrator shall preside. The arbitrator has authority to grant any relief available in court on an individual basis. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration fees: Prodigy will pay all arbitration filing fees and arbitrator costs for claims under USD/CAD $10,000, unless the arbitrator finds your claim frivolous. Each party bears its own legal fees except where applicable law provides otherwise.

You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending written notice to admin@prodigywildfire.com (Subject: "Arbitration Opt-Out") including your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the courts of British Columbia (or courts of competent jurisdiction in your state for mandatory consumer claims). Opting out does not affect any other provision of these Terms.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PRODIGY EACH WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING IN COURT OR IN ARBITRATION. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY. THE ARBITRATOR HAS NO AUTHORITY TO CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

This waiver does not apply where not enforceable by law (e.g., certain public injunctive relief claims under California law, or claims by consumers in jurisdictions that prohibit class action waivers).

Either party may bring an individual claim in small claims court of competent jurisdiction (e.g., BC Provincial Court Small Claims, US state small claims courts) for disputes within that court's monetary jurisdiction, provided the action remains on an individual (non-class) basis and does not seek injunctive or other equitable relief.

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration. Seeking such relief does not waive the right to arbitrate the underlying dispute.

The arbitration agreement in this Section does not apply to Australian consumers exercising statutory rights under the Australian Consumer Law or making complaints to the ACCC, OAIC, or relevant state/territory fair trading authority. Australian consumers may initiate proceedings in NCAT or applicable state tribunals for consumer law matters notwithstanding this arbitration clause.

Our wildfire risk assessment tool uses large language models (LLMs) and machine learning algorithms that are subject to inherent limitations including hallucinations, data drift, model error, and temporal lag in training data. Outputs are probabilistic, not deterministic. Do not make life-safety, insurance, property, or financial decisions based solely on AI-generated risk scores or narrative content.

EmberWatch displays real-time and near-real-time fire perimeter and active fire data from third-party government agencies. This data may be delayed by minutes to hours, may contain positional errors, and may omit fast-moving or newly-ignited fires entirely. EmberWatch must not be used as the sole or primary basis for evacuation decisions. Always follow official government emergency management and evacuation orders. Prodigy accepts no liability for any loss, injury, or death arising from reliance on EmberWatch data for evacuation or emergency routing purposes.

Any evacuation route suggestions, preparedness recommendations, or emergency guidance provided through our Platform or AI voice assistant are informational only. They are not official emergency management instructions and do not account for real-time road conditions, closures, or dynamic fire behaviour. Always follow instructions from local emergency services, fire authorities, and government emergency management agencies.

Our AI voice assistant is an experimental automated system. It may misunderstand questions, provide incomplete or inaccurate information, or fail to connect calls properly. Do not rely on the AI voice assistant for emergency services — call 911 (USA/Canada) or 000 (Australia) directly in any emergency.

Features designated as "beta", "preview", "experimental", or "early access" are provided without warranty, may be discontinued at any time without notice, and are expressly excluded from our standard service level commitments. Your use of beta features is entirely at your own risk. Prodigy shall have no liability for any loss, damage, or harm arising from your use of beta or experimental features.

Our collection and use of personal information is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation. We obtain meaningful consent before collecting personal information. For commercial electronic messages, we comply with Canada's Anti-Spam Legislation (CASL). Quebec residents have additional rights under Law 25 (Act to modernize legislative provisions regarding the protection of personal information). Nothing in these Terms limits rights under the Business Practices and Consumer Protection Act (BC), Consumer Protection Act, 2002 (Ontario), or equivalent provincial legislation.

The parties have expressly requested these Terms be drafted in English. Les parties ont expressément demandé que les présentes conditions soient rédigées en anglais.

CCPA/CPRA (California): You have the right to: know what personal information we collect, use, and disclose; request deletion; correct inaccurate data; opt out of "sale" or "sharing" of personal information (we do not sell your data); limit use of sensitive personal information; and exercise rights without discriminatory treatment. Contact admin@prodigywildfire.com to exercise these rights.

CIPA & Call Recording (California): We comply with the California Invasion of Privacy Act (California Penal Code §§ 630–638.55). All parties to a telephone call are notified of recording where required by California's all-party consent law.

UCL & Consumer Protection (California): Nothing in these Terms waives your rights under the California Unfair Competition Law (Business & Professions Code § 17200 et seq.), the False Advertising Law (§ 17500 et seq.), or the Consumers Legal Remedies Act (Civil Code § 1750 et seq.).

California Civil Code § 1789.3: California residents may contact the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

TCPA: See Section 8d for our TCPA compliance and consent provisions.

Other States (Virginia, Colorado, Connecticut, Texas, Florida, etc.): Residents of states with comprehensive privacy laws have similar data rights. We honour all applicable opt-out and data subject request mechanisms. DMCA takedown notices: admin@prodigywildfire.com.

Our services come with non-excludable guarantees under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)). We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). We comply with the Spam Act 2003 for commercial electronic messages and the Do Not Call Register Act 2006 for outbound telephone marketing. Privacy complaints: Office of the Australian Information Commissioner (OAIC) at www.oaic.gov.au. Consumer complaints: ACCC or relevant state/territory fair trading authority.

If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable, or severed. All remaining provisions continue in full force and effect.

Our failure to exercise or enforce any right or provision shall not constitute a waiver. A waiver of any breach is not a waiver of any subsequent breach. All waivers must be in writing and signed by an authorised representative of Prodigy to be effective.

These Terms, together with our Privacy Policy, Cookie Policy, and SMS Opt-In Disclosure, constitute the entire agreement between you and Prodigy Wildfire Solutions Inc. regarding your use of the Platform and supersede all prior negotiations, representations, warranties, and agreements relating to the subject matter. In the event of conflict between these Terms and any separate signed written agreement, the signed agreement shall prevail.

You may not assign or transfer your rights or obligations without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets, without your consent and without notice.