OpenCO2.net – Terms of Service (January 1, 2022)

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

These Terms of Service apply to the OpenCO2.net Service provided by Clonet Oy.

These Terms of Service define the rights and obligations of all Users who are using the Service (hereinafter “Service”).

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

The Vendor may suspend or terminate the provision of the Service to a User who does not comply with the Terms of Service.

The Service is constantly being developed, and when functionalities are changed or added, these terms may be updated accordingly by the Vendor.

Purpose of the service

The Service is intended for organizations and individuals who wish to distribute emission factor data to other Service Users directly or indirectly via Service Provider User and/or use the information contained in the emissions database to determine carbon footprints and carbon handprints.

Definitions

User Any user of the Service including Non-Commercial Users and Commercial Users
Non-Commercial User Any registered or non-registered User of the Service with non-commercial rights. The registered Non-Commercial User has limited access to data and available functionalities. The non-registered Non-Commercial User has limited access to data.
Commercial UserEnterprise User or Service Provider User that has entered into a separate commercial service agreement with Clonet Oy.
Enterprise User User representing a company or organization that has ordered one or multiple temporary concurrent enterprise user rights to Service.
Service Provider User User representing a company or organization that has ordered one or multiple temporary concurrent service provider user rights to Service and provides services based on the utilization of the OpenCO2.net Service.
Data set Database including emission factors, product data, technical data, and all feed-in or calculated data or reports.
VendorClonet Oy

Users and Data sets

The Data set contained in the Service are managed in the user database of OpenCO2.net maintained by the Vendor. The Vendor has full and free right to use, modify, reproduce, license, and sell the Service and the data included in the Data set.

Non-commercial Users and Commercial Users have the right to use the Data set by acknowledging OpenCO2.net Service as a source of data.

Commercial Users have a right to store data in the Data set. Data added to the Service by an Enterprise User or Service Provider User can be either defined as open data to all Users of the Service or as confidential information only available to the entity that added the data in the Service. Data added to the Service can only be edited by the Commercial User who added the data or the Service administrative team.

The Data set contained in the Service and stored by Enterprise Users is managed in the user database of OpenCO2.net and maintained by Enterprise Users and by the Vendor. The Enterprise User may define data to be public, and by publishing the data the Enterprise User grants the Vendor a full and free right to use, modify, reproduce, license, and sell the data included in the Data set.

The Data set contained in the Service and stored by Service Provider Users is managed in the user database of OpenCO2.net and maintained by Service Provider Users and by the Vendor. The Service Provider User may define its own or its customers' data to be public, and by publishing data the Service Provider User grants the Vendor a full and free right to use, modify, reproduce, license, and sell the data included in the Data set.

Registration to the service

To register to the Service the User selects a username (e-mail address) and password. These log-in details are personal or organizational and may not be passed on to others. The User who has registered to the Service is responsible for these log-in details, and it is not possible for the User to obtain a refund or other compensation from the Vendor if the log-in details are used by any third parties. In such cases, the User must promptly report improper usage to the Service administrative team via the feedback form at the bottom of the page or by e-mail to OpenCO2.net(a)clonet.fi.

Minors must have their parent’s or legal guardian’s permission to register to the Service.

After registration as a Non-Commercial User of the Service, the user right can be upgraded to a user right of Commercial User. The Enterprise User and Service Provider User may get access to commercial Service by purchasing the commercial user rights from the Vendor and providing the registration details to the Service administrative team via the feedback form at the bottom of the page or by e-mail to OpenCO2.net(a)clonet.fi.

Processing of personal data and privacy

Personal data are processed by the Service as required by current applicable data protection legislation (GDPR). Personal data collected by the Service are stored in the User database of OpenCO2.net maintained by the Vendor.

The Vendor will never disclose its Users’ personal contact or other information to third parties.

The User agrees that the data may be used for statistical or research purposes, etc., in such a way an individual User cannot be identified.

Under applicable data protection legislation, User has the right to review, rectify and prohibit the storage of personal data. It is possible for a User to delete all information related to themselves by sending a message to the Service administrative team via the feedback form at the bottom of the page or by e-mail to OpenCO2.net(a)clonet.fi.

Other terms and conditions

In any case, the Vendor reserves the right to maintain and update the system regularly which may limit the availability of the Service temporarily. The Vendor does not guarantee a non-interrupted availability of the Service for Non-Commercial Users.

The availability and service level for Commercial Users are defined in the separate Commercial Service Schemes, Pricing, and User Right Terms.

The Vendor may suspend the Service at any time with a valid reason.

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

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

A User may refer to the use of the OpenCO2.net Service only if the User has ensured in writing that the Vendor has verified the emission factors, calculations, and reports.

The Service may include advertising.

By registering to the Service, the User accepts that the Vendor may send them membership and marketing communications via e-mail or other communication channels. The User also has the right to unsubscribe to marketing communications.

Warranties

The Vendor warrants that the Service will be provided for Commercial Users under the conditions of this Agreement until the 31st December 2022 The Vendor does not warrant the quality of the Data set. The Vendor does not warrant the suitability of the Data set for the User’s intended purpose. The use of Data set by the User 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 Commercial Users. The Vendor does not guarantee the correct operation of the Service or the functionality of the Service or its 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 and 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, if not 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 the price of the annual Service fee fully paid by the User, in the maximum.

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

Prohibitions

Copying pages, even in part, is prohibited under copyright law. The site is designed to be used by organizations and individuals for carbon footprint and carbon handprint calculations. It is prohibited to use the site for commercial purposes without the written permission of the Vendor (like Enterprise User and Service Provider User Service Agreement).

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

Applicable Law

This Agreement and all claims arising out of this Agreement are subject to the Law of Finland.

Contact details

Clonet Oy (2796796-7)
Luuvantie 42
02620 Espoo

You can contact us via the feedback form at the bottom of the page or by e-mail to OpenCO2.net(a)clonet.fi.