This Terms of Service sets forth the terms, conditions and limitations that apply to your use and access of the mobile application called PlaNET (the “App”) and the related web app and service available via the website located at ourplanet.app and associated sub-domains (the “Site”).
In this Terms of Service, the “we”, “us” or “our” means Climate Action Systems, Inc., a non-profit corporation formed under the laws of the State of Delaware (as the context suggests) its directors, officers, employees, agents, representatives, affiliates, contractors, service providers, and/or designees; “both of us” means both you and us; “Terms of Service” or “TOS” means this Terms of Service and other documents incorporated herein by reference; “Platform” means our mobile apps, including, without limitation our app called PlaNET, which is available at, and should be downloadable by a user from the “Apple” virtual store called the App Store and/or the “Google” virtual store called Google Play (together “Virtual Stores”), and the relater web app that is available at the Site (the “Apps”), and the services that we provide through the Site and the Apps, collectively or individually as the context suggests, offered by us; “you” or “your” means the person or company using the Platform, and if you are using the Platform on behalf of an entity (i.e., a corporation, limited liability company, partnership or other business entity), then you represent and warrant to us that (a) you have the right, authority and capacity to do so and to bind such entity (and in which case, the terms “you” and “your” as used in this TOS shall refer to such entity), and (b) such entity accepts this TOS.). “Personal Information” means any information processed through the Platform or otherwise collected and processed by us via the Platform that is personally identifiable, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual; and “participants” or “users” means other end-users of the Platform.
Description Of The PLATFORM AND WHO SHOULD JOIN AS A PARTICIPANT
Description of the Platform: The PlaNET platform helps individuals take positive climate action. The platform provides a powerful way to turn good intentions into tangible outcomes by connecting individuals with shared skills, interests, or needs and providing them with the collaboration tools necessary to make progress. Through the platform, participants can create or join a learning community; set climate action goals; make joint decisions; co-create meaningful solutions; exchange knowledge, experiences, and ideas; and track and amplify their progress towards their climate action goals.
Who Should Join as a Participant: We Are Committed to Positive Climate Action. If you are uncertain about the climate crisis or do not believe in it, you should not join our Platform. If you are pro-climate but your primary interest is in sharing your thoughts and feelings about what is wrong in this world, you should seek other networks. Our goal is to make a positive impact on the Climate Crisis. You are more than welcome to join us, if you share our goal and you want to help make it happen. This is what participation in the Platform is all about.
Use of the PLATFORM
We grant you a nonexclusive, limited, royalty-free, revocable license during the term of this TOS to use our Platform strictly to facilitate your personal, non-commercial use of our Platform. Use of the Platform for any public purpose or to provide services to third parties is strictly prohibited. Unless you are a Sponsor (as defined below), you may not assign (or grant any sub-license of) your rights to use the Platform or otherwise transfer any part of your rights to use the Platform, and in no instances may you grant a security interest in or over your rights to use the Platform.
You recognize that the Platform is intended to facilitate communication in real time between participants (“User Communications”). You acknowledge that we cannot, and do not intend to, screen User Communication in advance for accuracy or conformance to this TOS or any laws. However, we may elect, at our sole discretion, to monitor some, all, or none of the Platform’s areas for adherence to this TOS. Accordingly, you acknowledge that neither us, our affiliates, nor any participant shall assume or have any liability for any action or inaction by us, our affiliates, or any participant with respect to content available on the Platform. Any conduct by a participant that in our sole discretion restricts or inhibits any other participant from using the Platform or another service shall entitle us to immediately suspend and/or terminate usage and access without notice.
Without limiting the foregoing, you agree that you will NOT do any of the following: (a) use our Platform for illegal purposes; (b) use our Platform to transmit anything that is unlawful, libelous, intended to harass or violate the rights of another; (c) resell or make any commercial use of the Platform, as the Platform is intended solely for your use as an end user; (d) decipher, decompile, disassemble or reverse engineer any technology associated with the Platform, including but not limited to any software applications, Java applets or plug-ins associated with the Platform; (e) use any robot, spider, webcrawler, scraper, deep link or similar automated extraction or data gathering mechanism, program or tool to access, copy or monitor our Platform or any portion thereof without our prior written consent; (f) post or transmit any file or email which contains viruses, worms, Trojan horses or any other damaging or destructive elements; or (g) otherwise access the Platform through unauthorized means, including, but not limited to, by using an automated device, script, bot, spider, crawler, scraper or through any interface not provided by us.
In addition, we expect and demand that all participants agree to and follow each of the rules described below:
Be Kind and Courteous. Healthy debates can be productive, but kindness is required.
No Hate Speech or Bullying. Make sure everyone feels safe. That means offensive language is prohibited, and content that is discriminatory or reflective of hate language is not allowed. The network will not tolerate bullying or degrading comments including, but not limited to, defamatory content about topics such as race, sex, gender, gender identity, sexual orientation, age, ability status, national origin, religion, culture, or any aspect of one’s identity.
Respect Everyone’s Privacy. Being part of the network embodied by the Platform requires mutual trust. Authentic, expressive discussions make groups great, but may also be sensitive and private. Private information that is shared in the group should stay in the group.
False, misleading or illegal content is prohibited. So that everyone can enjoy a productive, collaborative action experience, we ask that you refrain from posting self-promoting materials, spam, repetitious comments, or off-topic material.
Your access and use of the Platform may be interrupted at any time and from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Platform or other actions that we, in our sole discretion, may elect to take. In no event will we be liable to you or any third party for any loss, cost, or damage that results from any scheduled or unscheduled downtime. In addition, we cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalized settings or other service interruptions. We assume no responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalized settings.
Your sole and exclusive remedy for any failure or non-performance of the Platform, including any associated software or other materials supplied in connection with the Platform, shall be for us to use commercially reasonable efforts to effectuate an adjustment or repair of the Platform.
Service providers, vendors and other third parties (“Sponsors”) who have entered into a separate written agreement with us regarding their use of the Platform (a “Sponsor Agreement”) have the additional rights to use the Platform as set forth in the applicable Sponsor Agreement. Sponsor’s use of the Platform is subject to the terms and conditions contained in this TOS. Notwithstanding the foregoing, to the extent that the terms and conditions contained in the applicable Sponsor Agreement conflicts with the terms and conditions contained in this TOS, the terms and conditions contained in the applicable Sponsor Agreement shall govern the Sponsor’s use of the Platform. Sponsor’s customer’s or other user’s use of the Platform shall be governed by this TOS.
We may provide software products or services under the terms and conditions of a separate agreement between you and us (each, an “Other Agreement”). Our obligations with respect to any product, service, or access that we make available to you under any Other Agreement shall be governed solely by the Other Agreement under which such product or service is provided, and this TOS shall not be deemed or construed to alter the terms and conditions of such Other Agreement.
The use of other software and services provided by us is governed by the terms and conditions of the end user license agreement, if any, which accompanies or is included with such materials (as applicable, each a “License Agreement”). You may not install any software that is accompanied by or includes a License Agreement unless you first have agreed to the terms and conditions of the License Agreement. If no License Agreement accompanies or is included with such software, then such software shall be deemed to be Our Materials (as defined below) hereunder and this TOS shall govern your use of such software. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
- GENERAL TERMS REGARDING THE APP
You hereby warrant, represent and undertake as follows:
1. You will use the App according to the terms herein and not abuse the App and/or the Terms of Service for any foreign purposes other than as allowed and in accordance with the Terms of Service.
These Terms of Service are concluded between you and us, and not between you and Apple Inc. or any of its respective affiliates and/or subsidiaries (together shall be referred to, above and hereinafter, as "Apple"), or between You and Google Inc. or any of its respective affiliates and/or subsidiaries (together shall be referred to as “Google").
Your use of the App on your mobile device is subject to the platform's respective terms and conditions as available in the applicable Virtual Stores (as may be amended from time to time by the any of the platforms), and you agree to be bound by such terms;
Platform’s disclaims any and all responsibilities and warranties for: (a) the license granted herein by us for the use of the App; (b) Your personal information and any use of it by us and/or by third party's acting on our behalf; (c) maintenance and support services with respect to the App. In case of any problem, bug or other malfunction, you can contact us (see contact details below); Subject to the below Disclaimer of Warranties and Liability, in the event of any failure of this App to conform to the limited warranty herein (if and to the extent applicable), you may notify the relevant platform, and subject to such platform's terms, the applicable platform will refund you the purchase price for the App (if applicable) and to the maximum extent permitted by applicable law, such refund will be provided as a sole and exclusive remedy from such applicable platform. Other than that, the platform disclaims any and all warranties or obligations whatsoever with respect to the App.
Any claims you may have regarding the App (such as product liability, consumer protection, applicable legal or regulatory requirements etc.), shall not, in any case, be addressed to the platforms, but rather to us
By downloading the App you hereby warrant and represent that you are not located in a country that is subject to U.S. Government embargo, or otherwise designated by the U.S. Government as "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Information From Third Party Sites
By accessing and using the Platform, you expressly authorize and direct us, on your behalf, to electronically retrieve information maintained by third party sites. We do not review third party data for accuracy, legality or non-infringement. We are not responsible for and cannot guarantee the accuracy or timeliness of the third party data we retrieve on your behalf directly from third any party technology or data provider.
Third Party Software and Service Providers
FEES; BILLING; TAXES
You may access and use some portions of the Platform without being required to pay any fees. Other portions of the Platform, however, may be accessible only if you pay the applicable fee. You agree to pay all charges, recurring fees, applicable taxes and other charges (collectively herein “Charges”) incurred by you at the rates in effect for the billing period in which those charges are incurred.
Before you incur any Charges, you must provide us with valid credit card or approved purchase order information. An authorized system administrator may add subscriptions by adding users to the account. Added subscriptions will be subject to the following: (a) added subscriptions will be coterminous with the preexisting subscription term (either the initial term or the renewal term); (b) the subscription fee for the added subscriptions will be the then current, generally applicable subscription fee; and (c) authorization for end users added in the middle of a billing month will be charged in full for that billing month. We reserve the right to modify our fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
We charge and collect in advance for any Charges related to your use of the Platform. We will automatically renew and bill your credit card or issue an invoice to you each month or as otherwise mutually agreed upon. Fees for other services will be charged on an as-quoted basis.
You are responsible for all charges incurred, including applicable taxes and purchases made by you or anyone who is using an authorized account that you have caused to be created or for which you have otherwise indicated your agreement to be responsible for payment. This means that, unless your account or credit card information is obtained unlawfully or fraudulently, you will be responsible for all usage and purchases made on your card.
A service charge, up to the maximum allowed by the state you reside in, will be assessed to your account for each check that is returned to us for insufficient funds. If your account is delinquent, your account (and accordingly use of the Platform) may be suspended or canceled at our sole discretion. If your account is suspended, regular charges continue to accrue until you cancel your account. We may, at our sole discretion, charge a fee to reinstate a suspended account. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all collection fees and reasonable attorney fees arising from efforts to collect any unpaid balance on your account.
You agree to provide us with complete and accurate billing and contact information. This information includes your legal company name (if applicable), street address, e-mail address, and name and telephone number of an authorized billing contact and System Administrator (meaning those end users designated by you who are authorized to add end users and to create end user accounts and otherwise administer your use of the Platform). You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate your access to the Platform in addition to any other legal remedies.
You should let us know about any billing problems or discrepancies within 60 days after they first appear on your account statement. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies. Additionally, if any charges are being collected by us on behalf of a supplier, then such supplier shall be an express third party beneficiary of this Section.
All currency references are in U.S. dollars. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You, and not us, are responsible for any such taxes, levies, or duties related to your transactions, excluding only our United States federal or state income taxes.
In order to allow you to use the Platform, you will need to provide us with certain data we use to provide you with access to the Platform; in addition, if you contact us for help or information concerning usage of the Platform, you may provide us with contact information and a description of your issue or request in order for us to provide you with support, which may include Personal Information (all such provided information being collectively referred to as “End User Data”).
We do not claim ownership of the End User Data you submit or otherwise make available for use with the Platform. This means that you, and not us, are entirely responsible for all End User Data that you upload, post, email, transmit, store or otherwise make available through the Platform. You are responsible for any lost or unrecoverable End User Data. By submitting End User Data to us, you represent that you have all necessary rights in such End User Data, without any obligation by us to pay any fees or be subject to any restrictions or limitations, and hereby grant us the right to use, host, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the End User Data in connection with the provision of the Platform.
We may access, preserve, and disclose your End User Data if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any End User Data violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect our (or our users or the public’s) rights, property, or personal safety.
You may voluntarily provide (in connection with your use of the Platform or related to the Platform) suggestions, comments or other feedback. We are not required to hold such feedback in confidence, and such feedback may be used by us for any purpose without obligation to you of any kind; provided, that we will not disclose the source of specific feedback without your consent.
Our Proprietary Rights
The technology and content used to offer, or provided in connection with, the Platform, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, music, sounds, data, videos, messages, illustrations, tutorials, promotional materials, editorial content, notices, proprietary software (including html-based computer programs) and other content that we may make available through the Platform are either owned by us or licensed by us from third party licensors (collectively, “Our Materials”). The Platform and Our Materials are protected under both United States and other applicable copyright, patent, trademark and other intellectual property laws. As between you and us, we own the Platform and Our Materials, and all underlying software, inventions, ideas, trade secrets, trademarks and services marks related to the Platform and Our Materials. All other product names and company logos found on promotional materials presented to you through the Platform are the copyrights, trademarks or service marks of their respective owners. You agree not (and to not allow any third party) to copy, modify, reverse engineer, reproduce, duplicate, perform, create derivative works from, republish, upload, post, transmit, sell, trade, exploit or otherwise distribute in any way whatsoever any of Our Materials or our information, trademarks or service marks without our express, written consent. You agree not to use, or permit any third party to use, the Platform or Our Materials in any manner that violates any applicable law, regulation or this TOS.
General Practices Regarding Use and Storage
You acknowledge that we may establish general practices and limits concerning use of the Platform, including without maximum data storage limitations and limitations on the maximum number of times (and the maximum duration for which) you may access the Platform in a given period of time.
We have no responsibility or liability for the deletion or failure to store any information maintained or transmitted by the Platform. We may modify these general practices and limits at any time and from time to time.
The Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by us and/or content providers who provide content to the Platform. You may not attempt to override or circumvent any of the usage rules embedded into the Platform. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Platform, in whole or in part, is strictly prohibited.
This TOS will continue to apply until terminated either by you or us as set forth below. If you want to terminate your legal agreement with us, you may do so by terminating the use of the Platform and removing our Apps and/or other software from your devices.
The termination of this TOS will not affect any of our rights or your obligations arising under this TOS prior to the date of termination.
You hereby agree to defend, indemnify and hold us and our subsidiaries, affiliates, officers, members, stockholders, co-branders, and employees, consultant and agents harmless from any claim or demand (including reimbursing us any reasonable attorneys’ fees incurred by us in the defense of any such claim or demand), made by any third party due to or arising out of End User Data you submit, post, transmit, store or otherwise make available through the Platform, your infringement of any intellectual property rights, your use of the Platform, your use of the Platform, your purchase of products or services through the Platform, your violation of this TOS, or your violation of any rights of another. We retain the right to retain counsel of our choosing in our sole discretion. Furthermore, you must cooperate in good faith to assist us in our defense and any settlement negotiations related thereto, and to reimburse us for reasonable settlement amounts, if any.
Disclaimer of Warranties and Liability
- YOUR USE OF THE PLATFORM AND ALL RELATED SERVICES, INCLUDING ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM OUR PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE ASSUME NO RESPONSIBILITY FOR ERRORS OR OMISSIONS MADE BY YOU OR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION OR OTHER DATA AND DOCUMENTS WHICH ARE REFERENCED BY, LINKED TO OR PROVIDED BY OR THROUGH THE PLATFORM AND ALL RELATED SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Use of the Platform may be available through a compatible mobile device, Internet, and/or network access and may require software. You may be required to download our mobile application in order to use the App. Users of the App will be governed by the terms and conditions provided to you at the time you download the App. You agree that you are solely responsible for these requirements, including any applicable equipment, changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER OF THE TELECOMMUNICATION SERVICES AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OR INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE WILL NOT BE LIABLE FOR AND MAKE NO WARRANTY THAT (i) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (ii) YOUR USE OF THE PLATFORM OR THE SERVICES PROVIDED THEREON OR IN CONNECTION THEREWITH WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE OR COMPLETE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE PLATFORM OR ANY SOFTWARE THAT WE PROVIDE OR THAT WE USE IN OFFERING THE PLATFORM WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
Limitation of Liability; RELEASE
WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM OR ANY SERVICES OFFERED THROUGH THE PLATFORM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS TOS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL IN NO EVENT EXCEED THE AMOUNT ACTUALLY RECEIVED BY US FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE EVENT WHICH GAVE RISE TO SUCH LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE OR EXTEND THIS LIMIT.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
We may at any time and from time to time provide certain communications to you such as service announcements, administrative messages and other notifications (“Notices”).
Notices will in general be sent by means of a general notice through the Platform. By providing us with your email address, you consent to receive all required Notices regarding our Platform and other offerings electronically. All Notices in electronic format will be considered to be in writing, and to have been received no later than five (5) business days after our dissemination of such notice, whether or not you have received or retrieved the communication. Your consent to receive Notices electronically is valid until you end your relationship with us. We reserve the right to terminate or change the terms and conditions on which we provide electronic Notices and will provide you notice thereof in accordance with applicable law.
Any notice you desire to send to us must be sent exclusively by submitting an electronic message via email at firstname.lastname@example.org, unless explicitly instructed to do otherwise in this TOS.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice to you. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform. We may also revise this TOS at any time, and therefore we suggest that you check this TOS from time to time. We may notify you of any changes by a Notice as provided above. If you do not agree to the changes after receiving notice of the changes to the Platform, you may stop using the Platform as provided above. Your continued access or use of the Platform after Notice of any changes is provided to you indicates your agreement to be bound by any such changes.
This TOS constitutes the entire agreement between both of us and governs your use of the Platform, superseding any prior agreements between both of us with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third party content, or third-party software. The foregoing does not apply to Sponsors who are subject to separate Sponsor Agreements.
Choice of Law and Forum
This TOS and the relationship between both of us shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. Your exclusive forum for bringing any claim or cause of action against us is the courts located in Boston, Massachusetts. You hereby accept and submit to the personal and exclusive jurisdiction of such courts in any proceeding or action. With respect to any such proceeding or action brought in such courts, you hereby irrevocably waive, to the fullest extent permitted by law: (a) any objection you may have now or in the future to such jurisdiction or venue, and (b) any claim that such action or proceeding has been brought in an inconvenient form. Nothing limits our right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or any other form of relief.
Notwithstanding anything herein, if we elect in our sole discretion to resolve any claim through arbitration, you must cooperate fully with and be bound by such arbitration, without further recourse of any kind. The American Arbitration Association (“AAA”) shall preside over such arbitration. Such arbitration shall be exclusively governed by the laws of the United States and the Commonwealth of Massachusetts without regard to its conflict of law provisions. All proceedings shall take place in Boston, Massachusetts. If there is a conflict between the rules of the AAA and any provision of this TOS, this TOS shall govern. You are responsible for all costs that you incur in the arbitration, including without limitation, expert witnesses or attorneys. The reasonable filing fees and arbitrator’s costs and expenses shall be advanced by us. However, if the arbitration is decided in our favor, you must reimburse us for all of our fees, costs, and expenses related to the arbitration, including without limitation, all fees, costs, and expenses related to filing, arbitrators, expert witnesses, attorneys, and other third parties.
Waiver and Severability of Terms
We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this TOS shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal governmental agency, the validity or enforceability of any other provision of this TOS shall not be affected, and the other provisions of the TOS remain in full force and effect.
No Third-Party Beneficiaries
Except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this TOS.
No Right of Survivorship and Non-Transferability
Your right of access to the Platform is non-transferable and any rights to information we store with respect to your usage terminates upon your death or dissolution.
Statute of Limitations
Notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Claims of Copyright and Trademark Infringement
If you believe that your intellectual property is being used on the Platform in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section 512(c)(3) of the Digital Millennium Copyright Act):
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on our Platform;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The information specified above must be sent to our Designated Agent, whose contact information is as follows:
Attention: Privacy & Security
Climate Action Systems, Inc.
P.O. Box 380188
Cambridge, MA 02238
Call +1 617-993-4258
Email us at email@example.com
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims. Any information or correspondence that you provide may be shared with third parties, including the person who provided the allegedly infringing material. Upon receipt of a bona fide infringement notification by the Designated Agent, we will remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user’s access to the Platform.
If you believe that your content should not have been removed for alleged copyright infringement, you may send our Designated Agent a written counter-notice with the following information:
- Identification of the copyrighted work that was removed, and the location on the Platform where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of a mistake or misidentification; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
CLIMATE ACTION SYSTEMS, INC.
Last updated March 29, 2022
HOW DO WE COLLECT INFORMATION, What DO We Collect And HOW DO WE Use IT?
We collect and store information that you voluntarily provide to us (and we hereby inform you, and you hereby acknowledge, that you have no legal obligation to provide us with any Personal Information, or any other information, and that your provision of Personal Information to us is solely based on your own free will), as well as data related to your use of the Platform. Below is a more specific list (though in no way an exhaustive list) of the Personal Information we collect and how we use it with your consent. You may be asked additional questions regarding items on this list to ensure we have your consent to collect and use your personal information for specific purposes.
- Registration: When you register to use the Platform, you will have to provide personal identifiers (email address, username, and optionally, a password). Note that the username you provide will be visible throughout the Platform. You are not required to provide your real name for this purpose. We use this information to facilitate the provision of your right to access and use the Platform, and to provide you with support in accordance with the terms and conditions of the TOS. Where the European Union (“EU”) General Data Protection Regulation 2016/679 (the “GDPR”) applies, the legal basis for this is to be able to provide to you the ability to access and use the Platform so that we may perform our obligations under the TOS.
- Profile: If you choose to create a personal profile, you may include a free-text description of your climate-related profile, which may include your name and other biographical information that you choose to share in your profile, your topics of impact, topics of interest, areas of expertise, and any other content you may choose to share with us (and which may include media or files from your device(s)). This information will be available to all participants. Please do not include information which you would not like to be available to all such participants. Where GDPR applies, the legal basis for this is your consent. You may access your profile through the Platform’s ‘Profile’ section. You may revoke consent and request that the profile be deleted at any time by sending an email to firstname.lastname@example.org. Please note, however, that any information which you share in a Pod or a ReachOut (as such terms are described below) or other message which was sent to other participants will not be deleted.
- Newsletter and Marketing Communications: If you opt in to receiving communications from us, we will use the email address(es) you provided to send to you general or personalized service-related messages (for example, by using the name and/or username you provided as the greeting to the email communication), and to transmit marketing and promotional communications regarding the Platform, subject to your consent. You may opt out at any time by clicking the unsubscribe link included in each email. Please note that our email distribution service provider uses pixels embedded in the emails to track your interaction with the email (though you may disable this by disabling the download of photos in your email).
- User Communications. Our Platform provides the opportunity to interact with other participants who are not representatives of or employed by us via User Communications (as described in our TOS). User Communications may consist of group chats, “ReachOuts” related to your topic(s) of impact, which will be associated with your profile and will be available to all participants, and you also may engage in joint workspaces, called “Pods”, where information provided would be available to all participants invited to join the Pod. Accordingly, any information you provide through User Communications (including Personal Information) may be publicly posted and otherwise disclosed without effective limitation as to its use by other participants. We do not require participants to include sensitive data (e.g., race, ethnicity, political opinions, religious or philosophical beliefs, membership of a trade union, physical or mental health, sexual life or criminal record) in their User Communications. If you choose to provide any such information in User Communications, please know that it may be available to others. We have no obligation to keep private any sensitive information or personally identifiable information that you have made available to other participants using these functions. Where GDPR applies, the legal basis for this is your consent.
- Surveys and User Research: We may send you surveys or contact you with questions to provide us with feedback on our Platform. We collect any responses that you provide. Participation in surveys or research tasks is elective and does not affect your access to the Platform. Where GDPR applies, the legal basis for this is your consent and is our legitimate interest to improve the Platform.
- Personal Information Automatically Collected or Generated from Your Use of the Platform: We automatically collect your interactions, including each activated function (i.e., created a ReachOut, sent a chat message, etc.), the time it was initiated, and its technical completion status (i.e., whether it was a ‘success’ or caused or resulted in an ‘error’). These interactions are not part of your user account, and are associated with anonymized IP addresses. We use this information to provide our IT team with statistics about network problems, latency, traffic by geographical regions, for allowing us to optimize the content delivery network, and the locations of our hosting provider’s (i.e. AWS’s) regions that we use. Where GDPR applies, the legal basis for this is our legitimate interest to improve the Platform.
- Sponsor Access: If you are a Sponsor customer who sponsors the use of the Platform for your users (as opposed to an individual user), we may require you provide us with contact information for administrators or finance personnel as part of the setup and provision of the right for you and your users to access and use the Platform.
How Do We Use Information We Collect?
Our primary purpose in collecting information is to provide the Platform to you and to maximize your experience in using the Platform. We may use the information you provide to us for other purposes, as describe below (which is by no means an exhaustive list):
- Business Partners: When we operate the Platform (including the Apps) on behalf of our business partners, they will have the right to access the information collected through the App from participants that signed-up to access and use the Platform. Please note, any use our business partners will make of the information is subject to their privacy policies or practices.
- Compliance with Applicable Laws, Legal Orders and Authorities: We may disclose or allow government and law enforcement officials access to certain Personal Information in response to a subpoena, search warrant or court order (or similar requirement), or in compliance with applicable laws. Such disclosure or access may occur if we have a good faith belief that we are legally compelled to do so, or that disclosure is appropriate in connection with the efforts to investigate, prevent, or take action regarding actual or suspected illegal activity, fraud, or other wrongdoing.
- Affiliates: We may share your Personal Information with any of our affiliates where we consider that it is in our legitimate interests to do so for internal administrative purposes (for example, ensuring consistent and coherent delivery of the right to access and use the Platform to our participants, corporate strategy, compliance, auditing and monitoring research and development and quality assurances).
- Enforce Our Rights. We may transfer Personal Information in order to establish, protect, or exercise our legal rights, as required to enforce our TOS or other contracts; to defend against legal claims or demands; to detect, investigate, prevent, or take action against illegal activities, fraud, or situations involving potential threats to our rights; or take any action in case of any dispute involving you with respect to the Platform.
- Business Transfer: As with any other business, it is possible that in the future we could sell or buy subsidiaries or business units. In any such transaction, as well in the event all or substantially all of our assets are acquired by a third party, personal information of our users will generally be one of the transferred assets. We reserve the right to share Personal Information in connection with any such proposed transaction or financing, and to include your Personal Information, collected as an asset, in any such transfer to a third party.
- Marketing Analytics: We may share Personal Information with companies that assist us in our marketing, advertising and promotional activities; or with analytics and search engine providers that assist us in the improvement and optimization of our APPs and process Personal Information in the context of provision of analytical services to us.
- Support the Platform: We may use the information you provide us to provide any customer support you request, including troubleshooting problems, to monitor such requests, and to inform you about updates to the Platform.
- Improve the Platform: We may use the information you provide us to customize, measure, and improve the Platform, including through data analysis, testing, research, statistical and survey processes.
If you have any questions regarding the foregoing, or our privacy practices, you may contact us at email@example.com.
CAN WE USE De-identified information?
In addition to the uses of Personal Information described above, we may remove the identifiable parts of your information to create de-identified forms of such information (“De-identified Information”). De-identified Information may be compiled with other data in aggregated forms. We use this De-identified Information in the following ways:
- Disclosure for Business Purposes: We may license, sell or otherwise share De-identified Information with clients, partners, investors and contractors for any purposes related to our business practices.
- Platform Improvement: We may use De-identified Information to improve the Platform, as well as to share it with third-parties to evaluate their products or services.
- Research: We may use De-identified Information for research whether scientific, marketing, or business in nature. This research may be made public through publication, such as within scientific journals.
WHERE CAN WE STORE YOUR INFORMATION
We are based in the United States and we collect information directly from users worldwide. Information collected by or sent to us may be hosted, stored, processed, maintained or transferred in any country or other jurisdiction worldwide in which we and our affiliates, subsidiaries, or service providers (including cloud-based service providers) maintain facilities. We reserve the right to transfer your personal information outside of the jurisdiction or country where you reside and/or from which you use our Platform, including to the United States, where the privacy laws may not be as protective as those in your jurisdiction and where the United States surveillance laws may allow government authorities to access your information and may not allow you access or redress in connection with such surveillance. By using our Platform, you hereby provide your informed consent to the transfer, hosting, storing, processing or maintenance of information outside of your jurisdiction or country.
RETENTION: How Long DO WE RETAIN Your Personal Information?
We retain a participant’s Personal Information for as long as such participant is using the Platform, and typically delete Personal Information within two years of the closure of a participant’s account. If a participant ceases to use the Platform, we may continue to retain certain Personal Information of that participant for the period required by our legal and regulatory obligations and/or for accounting purposes (i.e., as required by applicable laws regulating the Platform, for bookkeeping purposes, and in order to have proof and evidence concerning our relationship with that participant, should any legal issues arise following the participant’s discontinuance of use of the Platform). Information which was shared as part of a Pod or a ReachOut, or messages exchanged with other participants, will not be deleted. Please note, however, that except as required by applicable law, we will not be obligated to retain your data for any particular period, and we are free to securely delete it for any reason and at any time, with or without notice to you.
What Are Cookies And How Do We Use Them?
You can remove cookies, or set your browser to indicate when a cookie is being sent, by following directions provided in your internet browser (noting that each browser has its own way of reviewing and deleting cookies) or by visiting https://www.aboutcookies.org/ or www.internetcookies.org. When you remove or delete a cookie, an ‘opt-out’ cookie will be placed on your device. The opt-out cookie is browser and device specific, and will only last until cookies are cleared from your browser or device. The opt-out cookie will not work for strictly necessary cookies. If a cookie is removed or deleted, when you upgrade your browser or if you visit the Platform from a different device, you will need to return and update your preferences. Please note that if you reject cookies, you will still be able to view content via the Platform, but your ability to use some areas of the Platform may be limited.
How Do We Protect Your Personal Information?
We follow commercially accepted industry standards to protect the Personal Information submitted to or collected by us, both during transmission and once we receive it. We maintain reasonable administrative, technical and physical safeguards designed to protect the Personal Information we maintain against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example: Limiting access only to authorized administrators via username/password and role based access rights; and communications are secured by SSL. Although we make reasonable efforts to protect the Personal Information which you provide to us, the transmission of information over the internet and storage on IT systems and cloud-based servers are not completely secure. As such, you acknowledge and accept that we cannot ensure the security of any information you transfer to us, or guarantee that such information will not be accessed, disclosed, altered or destroyed. We will make any legally required disclosure in the event of any compromise of Personal information. To the extent the law allows us to provide such notification via email or conspicuous posting on the Platform, you agree to accept notice in that form. In the event of an inadvertent disclosure of your Personal Information, we will take all commercially reasonable steps to limit and remedy the disclosure as required by the applicable law. In light of the foregoing, your use and access of the Platform is at your own risk. If you have any questions about security of our Platform, please contact us in the manner set forth under the heading “Contact Us” below.
CAN Children USE THE PLATFORM?
The Platform is intended for the use of users who are at least 18 years of age. The Platform is not directed to persons under the age of 18. We do not knowingly collect or solicit information from, market to or accept services from persons under the age of 18 years old. If we become aware that a person under the age of 18 has provided us with personal information, we will take steps to remove such personal information.
How Far Does Our Responsibility Extend?
How Can You Access or Amend Your Personal Information (RIGHT OF OPT-OUT, ACCESS AND CORRECTION)?
You have the right to view, correct, complete or remove your Personal Information. Upon and subjection to verification of your identity (noting that we may ask you to provide certain credentials to make sure that you are who you claim you are and to avoid disclosure to you of Personal Information which is related to others that you are not authorized to receive), we will respond to requests to view, correct, complete or remove your Personal Information within a reasonable time. We also may ask you questions to better understand the nature and scope of the information that you are requesting to view, correct, complete or remove.
We will make all reasonable efforts to accommodate requests to delete Personal Information unless it is required by law or for any lawful business purpose, and we always will delete any personal information that we are required by applicable law to delete at your request. Your rights may differ depending on your jurisdiction.
You can help us maintain the accuracy of your information by notifying us of any changes to your Personal Information as soon as possible. Your rights to access, change, or delete your personal information are not absolute. We may deny you such rights when required by law or if the request would likely reveal personal information about a third party.
To request opt-out, review, modification or removal of personal information, you should submit a written request to us at: firstname.lastname@example.org.
Your California privacy rights
Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights relating to the collection, use, and sharing of their personal information for companies that do a minimum amount of business in or with California residents.
We currently do not meet the minimum necessary requirements to be subject to the CCPA. However, we also do not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale if required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information.
If you are a resident of California, you have the right to request to know what personal information has been collected about you, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow us to retain and use certain personal information notwithstanding your deletion request. You may also send your request to us by contacting us at the address below under “HOW CAN YOU CONTACT US?”.
Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what personal information they share with third parties for those third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed below.
Also, California Civil Code Section 1798.83 permits customers who are California residents and who have provided us with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident with questions regarding this, please contact us in the manner set forth under the heading “HOW CAN YOU CONTACT US?” below.
CAN EUROPEAN USERS USE THE PLATFORM?
While we are not subject to laws of the EU, including the GDPR, we will make reasonable efforts to provide you with information about your personally identifiable information held by us, to allow you to verify that the information is accurate and relevant for the purposes for which we collected it, and to correct or remove any information that is incorrect, or opt-out of collecting or storing that information. In particular, if you are located in the European Economic Area (the “EEA”), we will make reasonable efforts to provide you with the following rights:
- Access, Correction and Erasure Requests: You have the right to (a) ask us to confirm whether we are processing your Personal Information; (b) receive information on how your Personal Information is processed; (c) obtain a copy of your Personal Information; (d) request that we update or correct your Personal Information; (e) request that we delete Personal Information in certain circumstances.
- Right to Object to Processing: In certain circumstance, and specifically in connection with direct marketing, you have the right to request that we cease the processing of your Personal Information.
- Right to Restrict Processing: In certain circumstance, you have the right to request that we limit the processing of your Personal Information.
- Data Portability: You have the right to request that we provide you or a third party that you designate with certain elements of your Personal Information in a commonly used, machine readable format. Please note, however, that data portability rights apply only to Personal Information that we have obtained directly from you and only where our processing is based on consent or the performance of a contract.
- Right to Withdraw Consent: You have the right to withdraw your consent to any processing that we conduct solely based on your consent.
How can you contact us?