Terms & conditions

Welcome! Hello there, please read these Terms and Conditions (‘Terms’) carefully before using the Climate Impact Kviečiame Management Platform, Greenspect (‘Platform’). These Terms state the rules for using the Platform. These Terms were last updated on 10.03.2023

INTRODUCTION

1.1 Parties. These Terms will apply to the following legal persons who may also be referred to individually as a ‘Party’ or collectively as the ‘Parties’ to the Terms.

US: We are Sustinere OÜ, the developers of the Platform (‘us’, ‘we’, ‘our’ or ‘the Company’).

YOU: Anyone who registers, browses, accesses, interacts with or uses our Platform (‘you’, ‘User’,’your’)

CUSTOMER: The organization that you represent when opening an Account with us and agreeing to the Terms.  (‘the Customer’).

1.2 Invitation to access Platform. We invite you to access and use our Platform, but please note that our invitation is conditional. You may only access and use our Platform if the following is true:

1.2.1 you have read, understood, and agreed to comply with these Terms;

1.2.2 you have independently evaluated the usage of the Platform and are not relying on any representation, guarantee, or statement other than what is expressly stated in these Terms;

1.2.3 you have reached the age of legal capacity provided by applicable law in your jurisdiction and are lawfully able to enter into legally binding contracts; and

1.2.4 you are legally authorised to represent the Customer on our Platform.

1.3 Legally binding. The following explains who is legally bound by these Terms:

1.3.1 Customer. If you create an Account on behalf of the Customer, you acknowledge that you have understood the Terms, are lauthorised to represent the Customer and agree to the Terms on behalf of the Customer who shall be legally bound by these Terms. If you do not want the Customer to be bound by the Terms, you must not create an Account on our Platform or use our Service.

1.3.2 User. If you choose to access or use our Platform, we will also assume you have also accepted the Terms, in your individual capacity. You shall be bound by these Terms and our Privacy Policy found here which is incorporated by reference, regardless of whether or not Section 1.4.1 applies to you. If you do not want to agree to the Terms and our Privacy Policy, you must not use our Platform.

1.4 Making Changes. We reserve the right, at any time and at our sole discretion, to modify, update, change or replace these Terms. If we do so and the change is material, we will provide at least 14 days’ notice prior to the amended Terms taking effect. We reserve the right to determine what amounts to a material change. Notice will be given by the e-mail associated to your Account and/or by making a post on our Platform. Upon posting the change on our Platform, it will take effect immediately. Therefore, it is important that you review the Terms periodically to ensure You are updated to any changes, as they will be binding on you.

1.5 Accepting Changes. If you do not accept the changes to the Terms, you should stop using our Platform and request that we delete your Account. If you do not stop using the Account, or request deletion, you shall be deemed to have accepted the changes. You agree to be bound by the changes to these Terms when you access our Platform after any modification is posted on the Platform.

2. DEFINITIONS

2.1 Account means an account given to you by us upon your registration and acceptance of these Terms, which allows you to access the Platform and which identifies you as a unique User of the Platform.

2.2 Customer means an organisation that the User represents when opening an Account, agreeing to Terms, or using or accessing our Platform.

2.3 Customer Data means all content or information submitted to the Platform or used in providing the Services, that belongs to the Customer, whether or not this is the Customer’s intellectual property. An example is data submitted to the Platform’s calculation tool.

2.4 Platform means the climate impact management platform named the Greenspect Platform, that is developed by us and found on the domain greenspect.eu or any other domain name we choose.

2.5 Service(s) means the service(s) provided by us through the Platform which are detailed in Section 3.

2.6 Sustinere OÜ means the legal entity that is responsible for developing the Platform, offering the Product(s) and Service(s). In these Terms, it is referred to as the Company, us, we, our and has the following contact details:

2.7 Terms and Conditions means these Terms which state all rights, responsibilities and obligations related to the use of the Platform and regulate the legal relationship between the User, Customer and us. They constitute the entire agreement between the Parties. Any additional agreements regulating the usage of certain Services shall be an integral part of the Terms, as well as other supplementary provisions, policies and rules. There may be other agreements for specific Services, in which case the terms for those will take precedence over the general Terms.

2.8 Third Party service. Any service that is not owned by us or our group companies.

2.9 User means any person who in accordance with the applicable laws, being of full age and fully liable for his/her own actions, registers for an Account, accesses or uses the Platform. All Users must be authorised to represent a Customer and must agree to these Terms and any other specific agreements and rules regulating the use of Services.

2.10 User Content means all material that you submit within the Service, for whatever purpose, including text, images, graphics, audio-visual material, schemes, drawings, and any other form of media generated, uploaded and/or posted via the Platform, but which excludes Customer Data. User content shall be governed by our Privacy Policy.

3. SERVICE

3.1  Platform. The Platform provides the following Services:

3.1.1 Data Storage and Calculation Service.  We provide Customers with the ability to calculate their carbon footprint using our proprietary calculator and methodology that has been validated by a third party. We also provide verified results and a detailed summary report with relevant recommendations. The outputs of the services can be used outside of the Platform only after the calculation is completed and together with the reference to Greenspect.

The particulars of the solutions shall be found here. Our carbon footprints calculator including the emission factors, primarily use data based on the following:

• widely acknowledged and credible third party databases, b) relevant scientific literature; and
• national inventory reports.

We have taken all reasonable efforts to ensure our data sources are credible, but we cannot guarantee it or be liable for any errors or omissions. Please see Section 8.3 regarding our liability regarding these sources of data.

3.1.2 Other Services. All other service offerings can be found here.

3.2 Marketing. The Platform may have advertising and informational materials placed by us, at our own discretion. However, any direct advertising sent to you, for example through an e-mail list, will only occur if you explicitly opt in.

3.3 Improvements. Unless explicitly stated otherwise, any improvements, augmentations, additions, new features or anything that enhances or changes the Services or Platform shall be subject to these Terms. We retain the right to change the Services at any time.

3.4 Third Party Services. In order to use the Platform, you may have to interact with affiliate services, third party content, or third party software for which we will not be responsible. We may provide links to recommended third party sites but these are merely suggestions and we do not have any legal relationship to or responsibility for the information found on these third party sites.

4. REGISTRATION

4.1 Account. To use our Service, it is necessary for you to confirm that you have authority to represent the Customer. An organization profile for the Customer will be created which shall be linked to your User Account. In order to create an Account, you need to follow the next steps:

4.1.1 Identification. When registering for the Account, you will be requested to provide data to identify you as a unique User, authorised to act on behalf of the Customer. This may be through a corporate e-mail domain. If your relationship to the Customer has not been verified to our satisfaction, we may ask you for further proof.

4.1.2 Login details. During registration, login details will be created for you and forwarded to you via e-mail. You will be prompted to change the initial password during first login. Please note that the safety of your Account will depend on the complexity (number and variation of the symbols) of the password you create.  Please keep your login information and password secret and contact us soon as you suspect that your Account has been used without your consent. A login and password are confidential information and shall not be subject to disclosure, except in cases provided for by the law and/or these Terms.

4.1.3 Access to Account. Once an Account is granted, it will be accessed by passing through the procedure for authorization, i.e. input of your login and password.

4.2 Data. For further information about how we handle your personal data, please see our Privacy Policy.

4.3 Representations. As a User you confirm and agree that:

4.3.1 We have the right to change and supplement the means of creation of an Account.

4.3.2 The information provided by you when opening your Account is presumed to establish your identity and your input is correct, accurate and complete.

4.3.3 You are prohibited from distributing, using, or intentionally receiving information that allows access to the Account by another User or a non-User. Transfer of your Account to third parties is not permitted.

4.3.4 If we suspect or discover that the Account has been transferred or being transferred in violation of these Terms or otherwise being accessed by a third party other than you, we may suspend access to or terminate your Account.

4.4.5 We have the right to allow the Customer modify or reassign access to the Customer data on our Platform and may do it by allowing other authorised Users access to the Account or removing an existing User.

4.4.5 We may engage Partners or third party providers for the provision of authorization and registration Services.

4.4.6 We will have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

5. PRICING AND PAYMENT

5.1 Change in Pricing. Pricing regarding all Products and Service shall be determined by us. We reserve the right to change the pricing model and value at any time, at our discretion. If this occurs, you will be informed of this prior to purchasing the Service.

5.2 Method of Payment You can make your payments in the form of card payment, bank transfers or any other method we deem fit from time to time. If a third party provider handles the payment functionality, you will also be bound by their applicable rules and regulations regarding payments.

5.3 Refunds. Payment obligations are non-cancellable and fees paid non-refundable unless otherwise stated in these Terms or on our Platform. In cases of subscription-based pricing, there shall be no refunds after access to the Platform has been granted. However, upon valid termination of the Agreement by the Customer, the Customer may request a refund on any prepaid and unused fees applicable to a prepaid subscription term, provided the Service remains unused for that term. Further details can be found  here.

5.4 Arrears. The Customer shall bear final responsibility for all arrears.

5.5 Exclusions to Pricing. Pricing stated is exclusive of any commissions, taxes, levies and/or duties, including, for example, value-added tax. The Customer will be responsible for covering all these extra costs associated with its purchases.

6. INTELLECTUAL PROPERTY

6.1 Platform. We respect the Intellectual Property (‘IP’) of others and we ask you to do the same. All the IP including, but not limited to, trademarks, graphics, logos, software, and domain name on the Platform are our property. It is strictly prohibited to use any of our IP in any way that is not authorised by these Terms. For example, you must not modify, distribute, transmit, replicate, reproduce, republish, create derivative works, sell or attempt to do any of these actions with our IP.

6.2 License. You and the Customer do not have any rights to use our IP. However, as an exception, we grant the following licenses:

6.2.1 We grant you a non-exclusive, revocable license which allows you to use the Platform only in accordance with these Terms. This license is personal and non-transferable. It cannot be assigned or sublicensed to third parties. Additionally, the license is valid until your Account is suspended or deleted.

6.2.2 We grant the Customer a non-exclusive, revocable license which allows it to use the Platform only in accordance with these Terms. This license non-transferable and cannot be assigned or sublicensed to third parties. Additionally, the license is valid until the Account associated with the Customer Account is suspended or deleted.

6.3 Customer Data. The Customer acknowledges and accepts that Customer Data may be used on the Platform and grants us the right to use it in form a non-exclusive license for the following purposes:

6.3.1 To give effect to the Service;

6.3.2 To collect statistics in which case the data will be anonymized; and

6.3.3 For improvement of our Platform or Service.

7. YOUR RESPONSIBLITIES

7.1 Don’ts. We’d like to keep our relationship with all Users constructive, so we have a list of things we would like you not to do. By agreeing to these Terms, you agree that you will not misuse our Platform. Misuse of our platform includes but is not limited to, any action described in 7.1.1 to 7.1.15. You agree that you will not:

7.1.1 Attempt to or actually gain unauthorized access to the Platform or related systems or networks, decompile, reverse engineer, hack, disable, interfere with, disassemble, modify, copy, translate, defeat, avoid, bypass, remove, deactivate, circumvent or otherwise disrupt any features, functionality, integrity, software protection, monitoring mechanisms or performance of the Platform (including any mechanism used to restrict or control the functionality of the Platform), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law); or otherwise attempt to derive the source code for the Service or any related technology that is not open source.

7.1.2 Upload to, transmit from or through the Platform any software or hardware, or telecommunications equipment, any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, corrupted file or other harmful or malicious component, software, program or technology that unlawfully accesses or downloads content or information stored within the Service or may damage or adversely affect the operation of the Service or another person’s computer in any way.

7.1.3 Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Platform or otherwise copy profiles and other data from the Platform.

7.1.4 Monitor the Platforms’ availability, performance or functionality for any competitive purpose or conduct any systematic or automated data collection activities on or in relation to our Platform without our express written consent.

7.1.5 Probe, scan, override, bypass, circumvent any access controls or use limits, or test the vulnerability of the Platform or any security feature or mechanism used in the Platform.

7.1.6 Take any action that interferes with the operation of or imposes an unreasonable or disproportionately large load on the infrastructure of the Platform (e.g., spam, denial of Service attack, viruses, gaming algorithms);

7.1.7 Access the Services in order to build a similar or competitive product or Platform or copy any ideas, features, functions, or graphics of the Platform.

7.1.8 Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform.

7.1.9 Overlay or otherwise modify the Platform or its appearance (such as by inserting elements into the Platform or removing, covering, obscuring or placing an advertisement on the Platform).

7.1.10 Reproduce, duplicate, copy, sell/re-sell, rent, lease, loan, sublicense, trade or otherwise monetize the Platform or related data, access to the same, or any portion of the Platform without express written permission by us.

7.1.11 Create a false identity on the Platform, misrepresent your or Customer’s identity or attempt to use another’s Account.

7.1.12 Deliberately provide incorrect data about yourself or the Customer.

7.1.13 Participate or procure any action that violates or compromises our Platform, Services, information or any IP.

7.1.14 Imply, state or create an impression that you are affiliated with or endorsed by us, impersonate or attempt to impersonate us or our representative, any other User, person or entity without our express consent.

7.1.15 Engage in any behaviour that inhibits or restricts anyone’s lawful use of the Platform.

7.1.16 Use the Platform in any way that violates the applicable law, these Terms and our Policies, or carry out any activities in course of using the Platform that are illegal, libellous, defamatory, abusive, threatening, harassing, hateful, offensive, cause damage to us or any third party or otherwise violates any law or infringes upon the right of any third party.

7.2 Compensation. If any misuse occurs you agree to compensate us for any damages, including consequential damages, for any damage that we, our affiliates, partners or personnel may incur as a result of your breach.

7.3 Suspension, Blocking or Closure. We may suspend your right to use the Platform, block or close your Account indefinitely if you violate these Terms. If we restrict your right to use the Platform, we shall not be liable for any damages or expense which you may incur as a result.

8. OUR DISCLAIMERS

8.1 Technical. We intend to provide you and the Customer with a Platform of the highest quality and security but, as some events are uncontrollable, we cannot guarantee that our Platform will be uninterrupted, timely or error free at all times. We cannot guarantee absence of breaks related to technical failures or scheduled maintenance but we promise to make all commercially reasonable efforts to ensure functioning of the Platform. We will not be responsible for any impediment to use the Platform or for any damages arising therefrom, such as errors, shortcomings and interruptions on the Platform, including as a result of any act or omission of any web hosting, internet service provider, or other third party.

8.2 Updates. We may update or improve the Platform from time to time, and its form and nature may change. If this happens, we may have to cancel the operating, maintaining, or offering of the Platform, in whole or in part, temporarily or permanently, upon giving you and/or the Customer at least 14 days’ notice, if it is a material issue. There is no obligation, however, for us to provide prior notice for minor changes in the features of the Platform that do not restrict the use of the Platform.

8.3 Databases. Our Platform relies on and sources data from generally approved and credible third party databases, the used databases information is accessible on the results report on the Platform. Although we have taken all reasonable efforts to ensure that all our sources are credible, there is always a risk of inaccuracies in third party data. We cannot verify their accuracy 100%. In the rare event that any inaccuracies occur, we will not be responsible for any related negative consequences, but we will do our best to fix any errors that are in our control to fix.

8.4 Own risk. The access and use of our Platform and the use of the data therein is at your own risk and the Customer’s risk. The Customer and User understand and agree that the Service is provided on an “as is” and “as available” basis. Without limiting the foregoing, to the fullest extent permitted under applicable laws, we disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee and do not promise any specific results of using the Platform. We therefore shall not be liable for any damages of any kind arising from the use of this Platform, including but not limited to direct, indirect, incidental, punitive or consequential damages.

8.5 General Liability. We are not responsible or liable for:

8.5.1 The accuracy of User Content, Customer Data or any information or other data provided by you or the Customer;

8.5.1.1 in case we have any doubts about the information that will impact the Platform’s service outcome, we may contact you for details and with your consent, adjust/add the relevant data.

8.5.2 the safety of information stored on the Platform. The protection of Customer Data and User Content is a priority for us so we will do our best to maintain technical, administrative, and physical safeguards and reasonable best practices.

8.5.3 any loss sustained by any Customer or User because of interruption, alteration, destruction or deletion on the Platform, if such event occurred for reasons beyond our control;

8.5.4 any direct or indirect damages to you or the Customer which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity;

8.5.5 any failure where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, global pandemic, nuclear accident and terrorist activity; or

8.5.6 any loss sustained by the Customer or User because of the use of third party links, resources references, products or services that we have no control over.

8.6 Indemnity. You and the Customer agree to indemnify and hold us, and our affiliates, officers, agents, co-branders, or other partners, representatives, employees, and volunteers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from any inappropriate use of this Platform or violation of these Terms by you.

9. TERMINATION

9.1 Termination by us. We have a right to terminate the Terms with you at any time, or if you violate any the Terms, applicable law, or do not use your Account for a period of more than twelve (12) months.  In case of a single violation of the Terms we have a right at any time, and in our sole discretion, to suspend access to and the availability of the Platform without compensation to you for any costs, losses of any kind, or other expenses. You agree that we shall not be liable to you for any termination of your access to the Platform for above reasons.

9.2 Termination by User. You have the right to terminate the Terms at any time by closing your Account, without prejudice to Section 9.3 on Survival clauses.

9.3 Survival. In case of termination of these Terms Section 3.4, 5.1, 5.4, 6, 7, 8 and 10.2 shall remain in force.

10. RESOLVING DISPUTES

10.1 Concerned. If you have any questions or concerns about our Platform, please reach us [email protected] at or through the chat function in my.greenspect.eu

10.2 Unhappy We hope this does not happen but if you are unhappy or have any concerns about any issues in these Terms, we agree to try to settle it amicable through negotiations.

10.3 DisputeIn case an amicable solution is not possible or fails after negotiations between the disputing Parties after at least thirty (30) days, both Parties agree to submit to the exclusive jurisdiction of the Harju County Court and any dispute relating to or connected with these Terms shall be governed by the law of the Republic of Estonia.

10.4 Your Rights. Please note that if you are a User registered through this Platform who is accessing it from a European Union (‘EU’) member state you enjoy all the rights provided by the EU legislation on consumer protection. General information on the consumers rights applicable in the EU can be found here.