1.1 These terms and conditions (hereinafter Terms and Conditions) regulate the legal relationship between zerofy OÜ (hereinafter Zerofy; Estonian registry code 14955228), owner and operator of the Zerofy website and the Zerofy mobile application (hereinafter together referred to as the Zerofy platform), and the registered users of the Zerofy platform (hereinafter the User).
1.2. By visiting our website or registering a user account with Zerofy, the User agrees with these Terms and Conditions and thereby a legally binding agreement under these Terms and Conditions is concluded between Zerofy and the User. By using the Zerofy platform, the User confirms that they have read, understood, and accepted the then applicable Terms and Conditions.
2.1 Zerofy provides the following services (hereinafter the Services) to Users of the Zerofy platform:
2.1.1. Zerofy helps you measure your household’s carbon emissions automated and in real-time (hereinafter the CO2 service);
2.1.2. Zerofy provides information and third-party links to products and services which may enable you to reduce your carbon emissions (hereinafter the Information service);
2.1.3. Zerofy permits Eligible Users to rent legal shares of common ownership of solar parks developed, owned and/or operated by Zerofy or a subsidiary of Zerofy (hereinafter the Rental service). The Rental service is also regulated by the Zerofy Rental Service Terms and Conditions and the Rental service special terms (hereinafter the Special Terms).
2.2 Zerofy has the unilateral right to amend the scope and content of the Services provided at any time without prior notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Registration and account management
3.1 The Services are offered by Zerofy using the Zerofy platform. Services are offered to Users via their personalized user account (hereinafter the Account).
3.2 The User can apply for an Account by submitting their name, contact information and other information required by Zerofy into the respective environment. Zerofy has a right to request all documents and information it deems necessary for the registration of an Account. All information provided by the User to Zerofy shall be complete, truthful and current.
3.3 In order to use the Rental Service, a User shall submit an application to become an Eligible User. Only private persons located in the European Union who have passed Zerofy’s background check to the extent that Zerofy deems necessary can complete the registration of an Eligible User Account.
3.4 We reserve the right to refuse service to anyone for any reason at any time.
3.5 You may delete your Account any time. However, deleting the Account may limit or prevent Zerofy from providing the Services to you.
Use of the platform
4.1. To use the Zerofy platform, the User shall:
4.1.1. provide any information and documents needed for Zerofy to meet their statutory legal obligations;
4.1.2. keep a secure password for their use of Zerofy platform and shall ensure that such password is changed regularly and kept strictly confidential. The User shall inform Zerofy immediately upon becoming aware of any breach of security or unauthorized use of the Account.
4.1.3. make a reasonable effort in order to not access, store, distribute or transmit any viruses in connection with the Services and shall not introduce or permit the introduction of any virus or vulnerability into Zerofy’s information systems;
4.1.4. not spam, phish, pharm, pretext, spider, crawl, or scrape or otherwise interfere with or circumvent the security features of the Services or any related website or the Zerofy platform, other websites, or the Internet;
4.1.5. not use the Zerofy platform for unlawful or immoral purposes, such as illegal transactions or activities, including fraud, money laundering or other similar activities, or solicit others to perform or participate in any unlawful acts;
4.1.6. submit only complete, truthful and current data and information upon registration of the Account and in the application to be designated an Eligible User. If the User discloses unverified or uncertain data or information during the usage of Zerofy platform, the User is obliged to disclose such limitations;
4.1.7. not infringe upon or violate our intellectual property rights or the intellectual property rights of others;
4.1.8. not harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
4.1.9. not collect or track the personal information of others;
4.1.10. not give access of your Account to a third party;
4.1.11. not commercialise any Services, or any information or software associated with them;
4.1.12. ensure that the version of the Zerofy platform in use by the User is at all times the latest updated version available;
4.1.13. ensure that their personal data provided to Zerofy is up to date at all times;
4.2 In order to submit declarations of intent and give approvals that bear legal consequences, the User shall provide such means of authentication as is deemed necessary by Zerofy at any time.
5.1. The CO2 service helps you measure the carbon emissions of your daily activities such as electricity usage, transportation and the use of other products and services.
5.2 Any information that is available through the CO2 service is provided as-is. The CO2 service is an estimation only based on the information and studies used at Zerofy’s discretion to calculate carbon emissions of certain products and services. Zerofy is not responsible for the factual and scientific correctness of the information provided through the CO2 service.
5.3 The range of products and services covered by the CO2 service is limited and is updated from time to time at the sole discretion of Zerofy. Zerofy has no obligation to update or amend the information regarding the carbon intensity of any product or service.
6.1. The Zerofy platform provides Users with information and actions to reduce the carbon emissions of Users. Such information and actions may contain third party links as regulated by section 12 of these Terms and Conditions.
6.2. Products and services are included in the Information service in case Zerofy has determined in their sole discretion that such products and services may enable the User to reduce their carbon emissions or gain more insight into their carbon emissions.
6.3. Any information that is available through the Information service is provided as-is. Zerofy does not offer any representations or warranties on the exact carbon emissions of any products or services as this always depends on the methodology, exact product or service, location of the User and other such matters.
6.4. The range of products and services covered by the Information service is limited and is updated from time to time at the sole discretion of Zerofy. Zerofy has no obligation to update or amend the any information that is available through the Information service.
Assignment of claims and rights
7.1. The User may not assign or transfer their rights or obligations under these Terms and Conditions or any other agreement entered into between Zerofy and the User unless as stated in section 7.2.
7.2. The Lessee has a right to assign their claims or rights arising out of the Rental service against Zerofy to other Eligible Users. Zerofy has a right to publish terms which specify the terms for such transfers.
7.3 Zerofy shall have the right to assign all or some of the rights and obligations arising from the Terms and Conditions, the Rental agreement or any other agreement entered into between Zerofy and the User to a third party without the prior consent of the User.
Fees and Prices
8.1 Zerofy retains the right to amend the fees and prices of their services at any time without prior notice.
8.2 Zerofy does not charge any fees for the CO2 service or the Information service. The fees related to the Rental service are described in the Rental Service Terms and Conditions.
9.1 We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Zerofy shall not be liable for the temporary interruption in the access to the Zerofy platform or its functionality.
9.2. We do not warrant that the results that may be obtained from the use of the CO2 service or the Information service will be accurate or reliable.
9.3 The Services are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions, quality, fitness for a particular purpose, and non-infringement.
9.4 Although Zerofy shall take reasonable measures to ensure correctness and reliability of information published in the Zerofy platform, Zerofy shall not be liable if information made available through the Zerofy platform is not accurate, complete or current. The material is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Zerofy platform is at your own risk.
9.5 The Zerofy platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our platform. You agree that it is your responsibility to monitor changes to our platform.
9.6 Zerofy shall be liable only for the direct proprietary damages to the User caused by Zerofy’s wrongful material violation of obligations. Other damages or loss of profit shall not be subject to compensation.
9.7 In no case shall Zerofy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any other injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services, or for any other claim related in any way to your use of the Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Such liability of Zerofy shall be limited to the maximum extent permitted by law.
10.1. Certain content, products and services available via our Services may include materials from third parties.
10.2. Third-party links on the Zerofy platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
10.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to that party.
ERRORS, INACCURACIES AND OMISSIONS
11.1. Occasionally there may be information on the Zerofy platform or on our website that contains typographical errors, inaccuracies or omissions that may relate to Services descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Rental services agreements if any information in the Project documentation or on any related subpage of the Zerofy platform is inaccurate at any time without prior notice.
11.2 We undertake no obligation to update, amend or clarify information in the Services or Project documentation or on any related website or subpage of the Zerofy platform, except as required by law. No specified update should be taken to indicate that all information in the Project documentation or on any related website or subpage of the Zerofy platform has been modified or updated.
Termination of agreement
12.1. A breach or violation of any of the Terms and Conditions may, at the discretion of Zerofy, result in an immediate termination of your Services.
12.2. In case at the time of termination, the User was a Lessee, Zerofy shall repay to that Lessee the Rental services rent payment outstanding for the period from the date of termination until the term of the Rental services agreement within 90 days of termination by Zerofy.
14.1. The User acknowledges and agrees that Zerofy and/or its licensors own all intellectual property rights in the Zerofy platform. These Terms and Conditions do not grant the User any rights to any patents, copyright, database right, trade secrets, trade names, trademarks, or any other rights or licences in respect of the Services or the Zerofy platform.
14.2. You hereby grant Zerofy a non-exclusive, transferable, royalty-free, worldwide license to use any information, photos, text, audio, video, or other data that is covered by intellectual property that you have uploaded to the Zerofy platform.
Applicable law and choice of venue
15.1. These Terms and Conditions, the Special Terms, the Rental services agreements and any rights or claims arising out of or in connection with these Terms and Conditions (including any non-contractual claims) shall be governed by the substantive law of Estonia without giving effect to any conflicts of law rules.
15.2. Any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, the Special Terms or the Rental services agreement or the breach, termination or invalidity thereof, shall be finally settled by the courts of Tallinn, Estonia.
16.1. Any declarations of intent and other notices and communications issued by Zerofy shall be deemed delivered to the User one working day after such declarations of intent and other notices and communications have been made available to the User via the Zerofy platform and/or through e-mail.
16.2. If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected.
16.3. The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
If Zerofy fails to insist that the User perform any of their obligations under the Terms and Conditions, or if Zerofy does not enforce their rights against the User, or delays in doing so, that will not mean that Zerofy has waived their rights against the User and will not mean that the User does not have to comply with those obligations. If Zerofy does waive a default by the User, Zerofy will only do so in writing, and that will not mean that Zerofy will automatically waive any later default by the User.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
We may update, vary, and amend these Terms and Conditions from time to time without prior notice. Your continued use of the Zerofy platform following the posting of any changes constitutes acceptance of those changes. You can review the most current version of the Terms and Conditions at any time through the Zerofy platform.
Published on .11.2022.