OpenCO2.net – Terms of Service (December 1st, 2023)

These Terms of Service apply between OpenCO2net Oy (hereinafter “Vendor”) and you, either an individual or a single legal entity (hereinafter “You”, “User”, “Non-Commercial User”, “Commercial User” “Enterprise User”, “Service Provider User”, “SME User”).

These Terms of Service apply to the OpenCO2.net Service provided by OpenCO2net Oy (hereinafter “Service”).

These Terms of Service define the rights and obligations of all Users granted a temporary right to use the Service.

By using the Service, registering as a User of the Service, or accessing the data provided by the Service, the User agrees to these Terms of Service and undertakes to comply with them. If the User does not agree to the Terms of Service, registration cannot proceed, and the User may not use the Service.

The Vendor may suspend or terminate the provision of the Service to a User who fails to comply with the Terms of Service.

The Service is constantly being developed, and when functionalities are changed or added, the Vendor reserves the right to update these Terms of Service accordingly.

Purpose of the service

The service is intended for organisations and individuals who want to use the carbon footprint and carbon handprint calculation tools and emissions database provided by OpenCO2.net.

Definitions

Users and Data set

The Data Set contained in the Service is managed in the OpenCO2.net database maintained by the Vendor. The Vendor has a full and unrestricted right to use, modify, reproduce, license, and sell the Service and the data included in the Data Set.

A Non-Commercial User has the right to use the free emission factor data and services, open to all, by referring the OpenCO2.net service as a data source. A Commercial User has the right to use the Information in accordance with the separate OpenCO2.net Pricing and Service Terms.

A User has the right to save the Data needed to use the Service in the database. Data added to the Service can only be edited by the User who added the data, another User connected to the same Client, or the Service administration team.

The Data Set stored by Users is managed in the OpenCO2.net database. The Data Set is maintained by Users and the Vendor. The User grants the Vendor the full and unrestricted right to use, modify, reproduce, license, and sell the data included in the Data Set.

Registration for the Service

To register for the Service, the User selects a username (email address) and password. These log-in details are personal or organizational and may not be disclosed to others. The User registered for the Service is responsible for these log-in details. The User cannot obtain a refund or other compensation from the Vendor if any third parties use the log-in information. In such cases, the User must immediately report abuse of login information to the Service administration team via the feedback form found on the website or by sending an email to info(a)OpenCO2.net.

A minor must have their parent’s or legal guardian’s permission to register for the Service.

After registering as a Non-Commercial User of the Service, a User can gain access to the commercial service by subscribing a user right from the Vender for Enterprise User, Service Provider User, Scope 1 & 2 Calculator for SMEs, Enterprise Calculator for SMEs or Product Calculator for SMEs.

The service can be ordered using the feedback form found on the website or by sending an email to info(a)OpenCO2.net.

Processing of personal data and privacy

The Vendor processes personal data in accordance with the current data protection legislation. Personal data collected by the Service are stored in the OpenCO2net Oy’s customer and user register maintained by the Vendor.

The Vendor will never disclose the personal data it collects from Users to third parties, except for contractual partners belonging to the Service administration team.

The User agrees that the data may be used for statistical or research purposes, so that an individual User cannot be identified.

Under current data protection legislation, the User has the right to access, request a correction to and prohibit the use of his/her own personal data. The User can ask for his/her personal data to be deleted by sending a message via the feedback form found on the website or by sending an email to info(a)OpenCO2.net. Data may be deleted if the controller is not required by the law to retain the data.

Personal data will be stored only for as long as the purpose of the register or the applicable legislation requires.

Other terms and conditions

The Vendor reserves the right to regularly maintain and update the Service, which may temporarily limit the availability of the Service. The Vendor does not guarantee the uninterrupted availability of the Service for Non-Commercial Users.

The availability and service level for Commercial Users is defined in the separate OpenCO2.net Pricing and Service Terms.

The Vendor has the right to suspend the provision of the Service at any time for a valid reason.

The Vendor has the right to disable the Service partially or completely or limit the use, for example, due to excessive load, upgrade, or other inevitable reasons.

Ownership and copyright of the Service and all other intellectual property rights (including copyrights, unregistered and registered trademarks, design rights, patents, domain names, trade secrets, and database rights) related to the Service and the material contained therein belong to the Vendor or its affiliates. All rights not explicitly granted in these Terms of Service are reserved. The use of the Service does not give the User any direct or indirect rights to any intellectual property rights of the Service.

Non-Commercial User may refer to the use of the OpenCO2.net Service when publishing calculation results only if the Non-Commercial User has ensured in writing that the Vendor or its contractual partner has verified the calculations, and reports.

The Service may include advertising.

By registering for the Service, the User accepts that the Vendor may send them membership and marketing communications via email or other communication channels. The User also has the right to prohibit marketing communications.

Warranties

The Vendor guarantees that the Service will be provided for Commercial Users under the conditions of this Agreement until December 31st, 2025. The Vendor does not guarantee the quality of the Data Set. The Vendor does not guarantee the suitability of the Data Set for the User’s intended purpose. Use of the Data Set is at the User's own risk.

Liability, Limitation and Exclusion

The Vendor shall not be held responsible for the accuracy of the source data it uses in the production of the Service, nor for the accuracy of the data entered into the Service by the Users. The Vendor does not guarantee the correct operation of the Service or its functionalities or features.

The Vendor shall not be held liable for any indirect or direct consequences of using the Service.

The Vendor shall not be held liable for delay or damage caused by an impediment beyond its control and which the Vendor could not have reasonably taken into account at the time of conclusion of the Agreement and of which consequences it could not reasonably have avoided or overcome. Such force majeure events shall include, unless proven otherwise, inter alia, war or insurrection, flood, earthquake or other similar natural catastrophe, interruptions in general traffic, data communication, denial of service or supply of electricity, import or export embargo, strike, lockout, boycott or other similar industrial action.

The Vendor is only liable in the event of mandatory liability defined by law. For each case, the Vendor’s liability is limited to a maximum of the user right fee fully paid by the User, during a 12-month period.

The User will indemnify and hold the Vendor free against all claims, liability, damages, cost, and expenses arising out of or related to the User's breach of these terms and conditions of the Agreement. Any User who is not allowed to use the Data Set or who is in breach of any of the provisions of this Agreement shall be liable for any damage or loss caused by the use of the Data Set (including but not limited to license fees, business profits, direct and consequential losses and damages).

Prohibitions

Copying the website, even in part, is prohibited under copyright law. It is prohibited to use the website for commercial purposes without the written permission of the Vendor (such as the agreement regarding the user rights of the Service Provider User).

The Vendor may enter into agreements with other legal entities to utilize the services on the website. However, the Vendor will never disclose personal contact details or other information about its Users to its contractual partners, except for contract partners in the Service administration team.

Governing law and dispute resolution

This Agreement and all claims arising out of this Agreement are subject to the Law of Finland, without regard to its conflict of laws provisions.

Any dispute related to this Agreement will primarily be resolved through negotiations between the Parties. If no consensus is reached during the negotiations, the dispute will be resolved in the Helsinki District Court.

Contact details

OpenCO2net Oy (2796796-7)
Luuvantie 42
02620 Espoo

You can contact us via the feedback form found on the website or by sending an email to info(a)OpenCO2.net.