Terms and Conditions

Terms and Conditions and Privacy Policy of the Climatesavior app applicable from 01.03.2020

Introduction

Climatesavior is a trademark of Bulgaria company RHIAGANO OOD, Reg. Nr.: 206598179 (hereafter Climatesavior) offers an app that can help the individual user reduce their own carbon footprint. Climatesavior is also a community where users can stay up-to-date on climate change through comments from climate experts and selected videos about climate change, as well as share their views on climate change and ideas and suggestions on how to individually contribute to reducing global carbon emissions.

These terms and conditions form the basis of your (hereinafter the “User”) rights and obligations in connection with the use of the Climatesavior app.

The User is kindly requested to ensure that the User has read and understood the following terms and conditions which form the basis of agreement between Climatesavior and the User regarding the use of our app. When the User creates an account, the User agrees to be bound by our terms and conditions, and the User has understood its rights and obligations in connection with the use of our app.

In order to use the Climatesavior Service and access any Content, you need to (1) meet the age requirements in the chart below, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where Service is available. You also promise that any registration information that you submit to Climatesavior is true, accurate, and complete, and you agree to keep it that way at all times. If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions:

If your country is marked with an asterisk (*) in the chart below, and you require parent or guardian consent, your parent or guardian will enter into the contract on behalf of you.

If the User needs further information in accordance with this Agreement or has any other questions to be answered regarding creating an account, please write to this email: kontakt@climatesavior.com.

Terms for Climatesavior subscriptions with auto-renewal

The community part of the Climatesavior app is free of charge to all users and include access to: climate news, climate videos and user content. If a user wants to: create 30 days climate challenges, calculate CO2 savings, earn goldstars, define individual CO2 fingerprint, use widget to report daily compliance and adopt new green habits it requires a subscription. A subscription to Climatesavior is an ongoing subscriptions that continue until terminated. Payment is made in advance of the agreed period and at the end of the period payment is charged for the coming period. Cancellation of subscriptions may occur without notice.

When you subscribe through Climatesavior’s mobile application, you will receive a confirmation of its creation.

Payment of subscription

After the 14-day free trial ends, the first payment for your subscription will be deducted. The free trial period is reserved for new Users. Payment will be deducted from the date of the month you subscribed. However, the coming business day, if the date is on a weekend / holiday.

Terms and termination

You can cancel your subscription no later than the day before the next payment day to avoid paying for another month, quarter or year – whichever subscription you have created.

If you have subscribed through Climatesavior’s Iphone mobile application, it will be canceled on your phone as follows:

1. Go to Settings> [your name]> iTunes & App Store.
2. Touch your Apple ID at the top of the screen.
3. Touch View Apple ID. You may need to log in or use Touch ID.
4. Touch Subscriptions.
5. Touch the subscription you want to manage.

If you have subscribed through Climatesavior’s Android mobile application, it will be canceled on your phone as follows:

1. Open the Climatesavior app on your phone
2. Select “My Climatesavior” from the sidebar
3. In the top right corner, touch the profile icon
4. Touch “My Subscription” at the bottom of the page and then “Manage Subscription”
5. You will now be directed to Google Play where you can change or cancel your subscription.

If you have subscribed to our mobile application, you must do the following if you have a new debit card.

1. Go to Settings> [your name]> iTunes & App Store.
2. Touch your Apple ID. You may be asked to confirm your Apple ID.
   Touch Payment Details.
3. Enter your new payment information. To remove your payment method, select None. Read more about what to do if you do not see the option None or cannot select it.
4. Make sure the name and billing address match the information registered with your bank. Then press OK.

After you change your payment method to a credit card, the iTunes Store makes a temporary reservation on the card to check the updated account information.

Non-payment

This may be due to several things, but the most common reason is that you received a new debit card or there was no cover for the payment.

relating to. new debit card – see above.

If there is no cover on your card when we deduct the payment for the next subscription period, your subscription will automatically be paused and you will receive an email. We will try to process the payment over the next few days and try a maximum of 5 times before your subscription is subsequently canceled.

Rights you grant us

In consideration for the rights granted to you under the Agreements, you grant us the right to (1) allow the Climatesavior Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service.

If you provide feedback, ideas, or suggestions to Climatesavior in connection with the Climatesavior Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Climatesavior to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

You grant Climatesavior a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any “moral rights” or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

Third Party Applications and Devices

The Climatesavior Service is integrated with or may otherwise interact with third party applications, websites, and services (“Third Party Applications”) and third party Devices to make the Climatesavior Service available to you. These Third Party Applications and Devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications and Devices will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Climatesavior does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or Device or for any transaction you may enter into with the provider of any such Third Party Applications and Devices, nor does Climatesavior warrant the compatibility or continuing compatibility of the Third Party Applications and Devices with the Service.

Intellectual Property Rights and Copyrights

The User understands that all copyrights and other intellectual property rights in relation to the App are owned and / or licensed to Climatesavior. The user is therefore not entitled to copy any information, image, logos, text or icons from the app.

Climatesavior constantly seeks to update information in the app as well as provide service 24 hours a day, but there may be times when the service is delayed, offline or undergoing routine maintenance.

Therefore, Climatesavior does not assume responsibility for the availability of the app or service. However, Climatesavior will endeavor to inform the User in the best possible way if we can predict the above in advance.

Upon registration in the app, the User accepts the Terms of Use and Privacy Policy.

This Agreement does not confer any intellectual property rights. The User is solely entitled to use the Climatesavior app in accordance with the Terms of Use applicable at any time. They appear on the About OS page in the app under Settings

Climatesavior owns the right to use all software, databases, graphics, images, texts, logos and everything that appears on Climatesavior’s app websites and applications.

User guidelines

Climatesavir respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Climatesavior stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. The following is not permitted for any reason whatsoever:

1. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Climatesavior Service, Content or any part thereof except to the extent permitted by applicable law.
2. circumventing any technology used by Climatesavior, its licensors, or any third party to protect the Content or the Service;
3. selling, renting, sublicensing, or leasing of any part of the Climatesavior Service or the Content;
4. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
5. providing your password to any other person or using any other person’s username and password;
6. “crawling” the Climatesavior Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Climatesavior or the Climatesavior Service;
7. artificially promoting Content by automated means or otherwise.

Please respect Climatesavior, the owners of the Content, and other users of the Climatesavior Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

15. is offensive, abusive, defamatory, pornographic, threatening, or obscene;
16. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Spotify or a third party;
17. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
18. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
19. is intended to or does harass or bully other users;
20. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
21. involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar;
22. interferes with or in any way disrupts the Climatesavior Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Climatesavior’s computer systems, network, usage rules, or any of Climatesavior’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
23. conflicts with the Agreements, as determined by Climatesavior.

You acknowledge and agree that posting any User Content that violates these User guidelines (or that Climatesavior reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Climatesavior account. You also agree that Climatesavior may reclaim your username where it is reasonable for us to do so, including if you have violated the Agreements.

Please be thoughtful about how you use the Climatesavior Service and what you share. The Climatesavior Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Climatesavior or across the web, so please use Climatesavior carefully and be mindful of your account settings. Climatesavior has no responsibility for your choices to post material on the Service.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

Privacy policy

Climatesavior emphasizes that all handling and processing of personal data will be carried out in accordance with the Personal Data Act and the EU’s GDPR directive and the applicable Danish law at all times. Our Privacy Policy is part of this agreement and you can read it here: https://www.climatesavior.com/2020/02/20/privatlivspolitik

Service limitations and modifications

Climatesavior will make reasonable efforts to keep the Climatesavior Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. Climatesavior reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Climatesavior Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Climatesavior Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons.

Notwithstanding the foregoing, if you have prepaid fees to Climatesavior for Paid Subscriptions that Climatesavior permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Climatesavior will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Climatesavior will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service. This section will be enforced to the extent permissible by applicable law.

Marketing

The user accepts receiving mail, in-app messages and push messages from Climatesavior via the app.

The marketing that the User agrees to receive is, for example, but not limited to:

Climatesavior notifications regarding the User’s earning of Gold Stars, messages regarding the User’s subscription with Climatesavior and sent via mail, news and messages via app and push and in-app messages.

The User’s email and data will not be shared with any third party at any time without the User’s consent.

As long as this agreement is in effect, Climatesavior undertakes to keep the data so that the User can access it via the company’s app. If the User chooses to delete his profile, data will also be deleted from our databases.

User-Generated Content

Climatesavior users may post, upload, or otherwise contribute content to the Service (which may include pictures and text (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Climatesavior Community.

Climatesavior may, but has no obligation to, monitor, review, or edit User Content. In all cases, Climatesavior reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in Climatesavior’s sole discretion, violates the Agreements. Climatesavior may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

You are solely responsible for all User Content that you post. Climatesavior is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST CLIMATESAVIOR RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD CLIMATESAVIOR HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

Customer support

For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our Customer Service department using the Customer Service on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no promises that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to answer any such queries.

Export control

Climatesavior products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.

You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Climatesavior under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.

Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE CLIMATESAVIORS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. CLIMATESAVIOR AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER CLIMATESAVIOR NOR ANY OWNER OF CONTENT WARRANTS THAT THE CLIMATESAVIOR SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, CLIMATESAVIOR MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE CLIMATESAVIOR SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND CLIMATESAVIOR IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING.

NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM CLIMATESAVIOR SHALL CREATE ANY WARRANTY ON BEHALF OF CLIMATESAVIOR. WHILE USING THE CLIMATESAVIOR SERVICE, YOU MAY HAVE ACCESS TO EXPLICIT CONTENT FILTERING FEATURES, BUT USE OF THESE FEATURES MAY STILL RESULT IN SOME EXPLICIT CONTENT BEING SERVED AND YOU SHOULD NOT RELY ON SUCH FEATURES TO FILTER ALL EXPLICIT CONTENT.

WITHOUT LIMITING THE FOREGOING, NOTHING IN THIS SECTION SHALL HAVE THE EFFECT OF LIMITING CLIMATESAVIOR’S LIABILITY IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE OF ITS ESSENTIAL OBLIGATIONS FOR PROVIDING THE SERVICE UNDER THE AGREEMENTS. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

Limitation

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE CLIMATESAVIOR SERVICE IS TO UNINSTALL ANY CLIMATESAVIOR SOFTWARE AND TO STOP USING THE CLIMATESAVIOR SERVICE. YOU AGREE THAT CLIMATESAVIOR HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE CLIMATESAVIOR SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO CLIMATESAVIOR, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL CLIMATESAVIOR, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT; (2) ANY: (A) LOSS OF USE; (B) LOSS OF DATA; (C) LOSS OF BUSINESS; (D) LOSS OF PROFITS; OR
(E) DAMAGE TO DEVICES, TO THE EXTENT YOU COULD HAVE AVOIDED SUCH DAMAGE BY FOLLOWING OUR ADVICE TO APPLY UPDATES TO THE SERVICES OR CONTENT OR IF SUCH DAMAGE IS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US,

IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE CLIMATESAVIOR SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER CLIMATESAVIOR HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CLIMATESAVIOR SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO CLIMATESAVIOR DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR

(4) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND SPOTIFY’S REASONABLE CONTROL.

Nothing in the Agreements removes or limits Climatesavior’s liability for fraud, fraudulent misrepresentation, death, or personal injury caused by its negligence, and, if required by applicable law, gross negligence.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.

Third party rights

You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Climatesavior, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Climatesavior only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Termination of the agreement and cancellation

The User may terminate this Agreement at any time and without notice. The user can terminate the agreement by contacting Climatesavior at kontakt@climatesavior.com or by deleting his profile in the app or canceling his subscription or not paying for the subscription.

Note that uninstalling the app is NOT the same as deleting its profile through the app.

Climatesavior may terminate the Agreement without notice when:

• The user does not pay for his subscription.

Climatesavior may also terminate the Agreement without notice, provided that there are significant grounds to do so, including that Climatesavior chooses to terminate the App.

If there is a material breach of the agreement, or of one party’s obligations to the other party, the non-defaulting party is entitled to terminate the agreement with immediate notice.

Considerable material breaches include:

• The user has made unreasonable or fraudulent use of the service provided by Climatesavior,
• User Content that, in Climatesavior’s sole discretion, violates the Agreement.
• The user has provided Climatesavior with false, misleading or false information.

Amendment of agreement

Climatesavior may change these Terms of Use. This may be due to a change to our services or the terms on which the Climatesavior service is made available to the User.

Any changes to this Agreement will be made available to the User through our app and notified to the User via in-app notification or email. These changes will take effect 30 days after being notified to the User.

Other changes to Climatesavior may be posted as a notice on the Climatesavior website.

The amended terms notice should highlight the changes in question and the User’s right to terminate the agreement free of charge. The user is considered to have accepted the change if the User uses the app after the new terms have come into force.

If a User does not accept a change of terms, the User may terminate his agreement with Climatesavior by deleting his profile, canceling his subscription and uninstalling the app on his smartphone.

Indemnification

You agree to indemnify and hold Climatesavior harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Climatesavior Service; and (4) your violation of any law or the rights of a third party.

Entire Agreement

Other than as stated in this section or as explicitly agreed upon in writing between you and Climatesavior, the Agreements constitute all the terms and conditions agreed upon between you and Climatesavior and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that certain aspects of your use of the Climatesavior Service may be governed by additional agreements. That could include, for example, access to the Climatesavior Service as a result of a gift card, free or discounted Trials, or together with other services. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Climatesavior’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

Severability, waiver, and interpretation

Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

Any failure by Climatesavior or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Climatesavior’s or the applicable third party beneficiary’s right to do so.

As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”

Assignment

Climatesavior may assign the Agreements, and any of its rights under the Agreements, in whole or in part, and Climatesavior may delegate any of its obligations under the Agreements. You may not assign the Agreements, in whole or in part, nor transfer or sub-license your rights under the Agreements, to any third party.

Choice of law, mandatory arbitration and venue

Governing Law / Jurisdiction

Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.

Further, you and Climatesavior agree to the jurisdiction of the courts listed below to resolve any dispute, claim, or controversy that arises in connection with the Agreements (and any non-contractual disputes/claims arising out of or in connection with them). (In some cases, that jurisdiction will be “exclusive”, meaning that no other countries’ courts can preside over the matter; have jurisdiction; in other cases, the jurisdiction is “non-exclusive”, meaning that other countries’ courts may have jurisdiction as well. This is indicated in the chart as well.)