On behalf of all the team at Cosora Tech SL ("Cosora", “Company”, “we”, “us”, or “our”):
We're excited to have you here. First, we'll need you to
go over our Terms & Conditions carefully, so please read on.
Don't worry — there's nothing out of the ordinary here,
but we still need to make sure you read it all and agree to
everything before moving on.
If you have any questions or concerns about our policy, or our
practices with regards to your personal information, please
contact us at contact@cosora.earth.
Cosora is licensed to You (End-User)
by Cosora Tech SL, located at Can Pere Riera S/N, Granollers 08402,
Barcelona, Spain (hereinafter: Licensor), for use only under the
terms of this License Agreement. By accessing the web app
https://cosora.earth
(Application) and any update thereto, or accessing our service (as
permitted by this License Agreement), You indicate that You agree to
be bound by all of the terms and conditions of this License
Agreement, and that You accept this License Agreement.
The
parties of this License Agreement acknowledge that Cosora is solely
responsible for the licensed Application and the content thereof.
All rights not expressly granted to You are reserved.
Cosora (hereinafter: Application) is a piece of software created to make it possible for anyone to understand and manage their own carbon footprint.
2.1 Cosora is not obligated, expressed or
implied, to provide any maintenance, technical or other support
for the Application.
2.2 Cosora and
the End-User acknowledge that no other Party has an obligation to
furnish any maintenance and support services with respect to the
licensed Application.
To the extent permitted under law (and unless Cosora has entered
into a separate written agreement that overrides this license
agreement), Cosora and its affiliates (and those that Cosora work
with to provide the Cosora services) shall not be liable to you or
others for any indirect, incidental, special, consequential or
punitive damages, or any loss of data, opportunities, reputation,
profits or revenues, related to the services (e.g. offensive or
defamatory statements, down time or loss, use of, or changes to,
your information or content).
In no event shall the
liability of Cosora and its affiliates (and those that Cosora work
with to provide the Cosora services) exceed, in the aggregate for
all claims, an amount that is the greater than the fees you have
incurred in using the Cosora services.
This limitation
of liability is part of the basis of the bargain between you and
Cosora and shall apply to all claims of liability (e.g. warranty,
tort, negligence, contract, law) and even if Cosora or its
affiliates have been told of the possibility of any such damage,
and even if these remedies fail their essential purpose.
4.1 Licensor warrants that the Application is
free of spyware, trojan horses, viruses, or any other malware at
the time of Your download. Licensor warrants that the Application
works as described in the user documentation.
4.2
No warranty is provided for the Application that is not
executable on the device, that has been unauthorizedly modified,
handled inappropriately or culpably, combined or installed with
inappropriate hardware or software, used with inappropriate
accessories, regardless if by Yourself or by third parties, or if
there are any other reasons outside of Cosora’s sphere of
influence that affect the executability of the Application.
4.3
You are required to inspect the Application immediately after
installing it and notify Cosora about issues discovered without
delay by e-mail to
contact@cosora.earth.
The defect report will be taken into consideration and further
investigated if it has been mailed within a period of 60 days
after discovery.
4.4 If we confirm
that the Application is defective, Cosora reserves a choice to
remedy the situation either by means of solving the defect or
substitute delivery.
4.5 If the user
is an entrepreneur, any claim based on faults expires after a
statutory period of limitation amounting to twelve (12) months
after the Application was made available to the user. The
statutory periods of limitation given by law apply for users who
are consumers.
Cosora and the End-User acknowledge that Cosora is responsible for
addressing any claims of the End-User or any third party relating
to the licensed Application or the End-User’s possession and/or
use of that licensed Application, including, but not limited
to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any
applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar
legislation.
You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.
For inquiries, complaints, questions or claims concerning the
licensed Application, please email us at contact@cosora.ai or by
post to:
The license is valid until terminated by Cosora or by You.
Your
rights under this license will terminate automatically and without
notice from Cosora if You fail to adhere to any term(s) of this
license. Upon License termination, You shall stop all use of the
Application, and destroy all copies, full or partial, of the
Application.
Cosora represents and warrants that Cosora will comply with applicable third-party terms of agreement when using licensed Application.
Cosora reserves all of its intellectual property rights in the
Cosora services. Using the Cosora services does not give you any
license or ownership in the Cosora services. Cosora and related
logos are the trademarks of Cosora.
If you believe in
good faith that your copyright has been violated, you may send us
a notice of infringement pursuant to the Digital Millennium
Copyright Act (17 U.S.C. § 512) at the following address: Can Pere
Riera S/N, Granollers 08402, Barcelona, Spain.
You agree that the laws of Spain, excluding its conflict of laws
rules, shall exclusively govern any dispute to this License
Agreement or the Cosora services.
You agree that all
claims and disputes can be litigated only in the courts in Spain,
and that you agree to personal jurisdiction in those courts.
When retiring carbon offset units such units are retired
permanently.
Neither Cosora nor any third party has any
further rights to take the benefit of such units nor the
underlying environmental benefits corresponding to such units.
Thus, once a purchase is made it can not be refunded, given that
our listed carbon offsets are automatically retired upon
completion of purchase.
At the time of purchase by the
User, any corresponding carbon credits might not be immediately
purchased by Cosora from the appropriate provider; however, the
payment is always redirected to a secure escrow account until the
next carbon credit transfer as agreed upon with the respective
provider.
Cosora also ensures that a sufficient amount
of carbon credits is reserved to Cosora so that all carbon credit
contributions by the User can be satisfied. In the event that a
purchase by the User is made and the corresponding carbon credits
cannot be purchased from the provider, Cosora will communicate the
issue to the User and will let the User choose between receiving a
refund or redirecting the payment from the purchase to another
available carbon offset project.
13.1 If any of the terms of this agreement should
be or become invalid, the validity of the remaining provisions
shall not be affected. Invalid terms will be replaced by valid
ones formulated in a way that will achieve the primary purpose.
13.2
Collateral agreements, changes and amendments are only valid if
laid down in writing. The preceding clause can only be waived in
writing.
13.3 We may change, modify,
add or delete portions of this License Agreement from time to
time. The updated version will be indicated by an updated
“Revised” date and the updated version will be effective as soon
as it is accessible. If we make material changes to this License
Agreement, we may notify you either by prominently posting a
notice of such changes or by directly sending you a notification.
Your use of our services constitutes your binding acceptance of
such change.
13.4 If there are any
discrepancies or conflicts between this Agreement and
Cosora's Privacy Policy, then the conflicting terms from the
Privacy Policy shall be prioritized over those outlined in this
Agreement.
Thank you for reading this far! By continuing to use the Application, you agree to all of our Terms and Conditions as outlined in this Agreement, as well as our Privacy Policy.