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Terms and conditions

Last updated on 1 July 2022

GENERAL
Information about Klimato
These terms and conditions ("Terms") are applicable to all services provided by Klimato AB (company registration number 559139-1759) ("Klimato", "us", "our" or "we") to our customers ("you"). When we refer to the "parties" we mean you and us together.

Contact information
You may contact us by sending an email to support@klimato.co ("Contact Information").

Agreeing to the Terms
By creating an Account and using the Services, you agree to the Terms. If you do not agree to the Terms, you may not create an Account or use the Services.

Definitions
"Account" means the account that you register and create on the Site.
"Contact Information" means the information set out above.
"Functions" means the Site, your Account and the Services, jointly.
"Privacy Policy" means our Privacy Policy which describes how we process personal data.
"Services" means the services described under section "Description of the Services" below and which we have made available through the Site together with any such other related services and information made available by us to you.
"Site" means our website (https://app.klimato.se) relating to the Services.

THE SERVICES
Description of the Services
Klimato provides services which enable food companies to calculate, label and report the carbon footprint from the food. ("Services"). More information about the Services can be found on the Site. To be able to use the Services, adequate internet access is required.

The results provided on our Site are based on average sustainability data and do not always represent the exact climate impact of a specific food brand or recipe.  

Setting up an Account
To subscribe to the Services, you must create an Account. You confirm that all information provided to us in the creation of your Account is correct and agree to ensure that the information is accurate at all times. We are entitled to decline or adjust an order from you or shutdown your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account.

Once an Account has been successfully created, and payment has been made where prepayment is required, the Services will be available and ready to use or order, as detailed on the Site.

Credentials for your Account must be kept secure at all times. You may only create one Account. You are not allowed to transfer the Account to another person or to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using our Contact Information.

Ordering the Services
The Services shall be ordered in accordance with the instructions on the Site.

Your order has been confirmed when we send you an order confirmation through email. When an order confirmation has been sent, you have entered into an agreement with us.

YOUR OBLIGATIONS
Eligible customers
We offer the Services to companies and other legal entities. You warrant that you are authorised to enter into these Terms on the behalf of the legal entity as well as to use all Functions.

These Terms constitute the entire agreement between us in relation to the Services. You warrant that the persons (for example, employees and representatives) you authorise to create an Account and use the Services have read and understand the Terms. You are at all times responsible for the use of the Services under these Terms, including by such persons - as if it was you using the Services.

Use of the Functions
When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Functions in a manner contrary to our, or any third party's, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.

You are responsible for all activities that occur under your Account.

You also agree not to:

- defame, abuse, harass, threaten or otherwise violate the legal rights of any third party or us;
- publish, post or - in any other way express - any material or information that is inappropriate, defamatory, infringing, obscene, pornographic, - racist, terrorist, politically slanted, indecent or unlawful;
- contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm us and/or the Site in any way;
- monitor the Services' availability, performance or functionality for any competitive purpose, meaning, for example that you agree not to access the Services for the purpose of developing or operating a competitive product or service or copying the Services' features or user interface; or
- resell or in any way redistribute results generated on the Site or use the Services in order to create a competing service or product.

We may have to suspend the supply of any of the Functions to:

- deal with technical problems or make minor technical changes; or
- update the Functions to reflect changes in applicable laws or satisfy a regulatory requirement.

We will endeavour to contact you in advance in the event we need to suspend the supply of any Services, but may not be able to if the problem is urgent or an emergency.

Your provision of content
The Site includes functions for uploading and storing files and other information provided or created by you ("Content"). You are responsible for all distribution and other actions taken by you and in your name.

By adding Content to the Site, you warrant that you are a) the owner of the uploaded Content, or, b) entitled to manage the Content in such a way and that the Content or your use of the Content in no way violates any applicable legislation. We will not supervise whether any Content is lawfully uploaded or distributed through the Site.

By adding Content to the Site, you are aware that, depending on the settings of your Account, such Content might be shared with others. We are not liable for any loss of Content, and we advise you to always keep your own backup of your Content. We do not take any responsibility with regards to the validity of Content provided or created by you.

PRICES AND PAYMENT
Price information
Payment for the use of the Services is made in advance on a monthly basis or other regular time interval that we inform you about before the purchase.

You shall pay all applicable fees as described on the Site for the Services you have selected. The prices for the Services exclude value added tax (VAT) or other fees and taxes. The price of the Services provided to you will be indicated on the order pages when you placed your order or as otherwise notified by us to you in writing.

Price changes
We have the right to change the prices for the Services. If we change the prices, we will notify you in advance.

The new prices will take effect from the first day of the next Subscription Period which follows the date when the prices were changed.

By continuing to use the Services after the price change takes effect, you are bound by the new prices. If you oppose the price changes, you must terminate your subscription with us.

Payment methods
You can pay for the Services through any of the payment methods listed on the Site.

For payments made through a third-party supplier, this third-party supplier's terms and conditions apply. Such terms and conditions can be found on the relevant supplier's website.

You agree to pay within the set time for the applicable payment method. We have the right to close down your Account until you have paid for all the charges incurred by you. Payment after the due date can entail late payment fees and interest.

Refunds
Unless otherwise expressly set out in these Terms, we do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription, credits for any unused Account or credits by reason of your dissatisfaction with the Services and/or the Functions.

TERM AND TERMINATION
The agreement is valid from the date you create an Account and continues to be valid during the subscription period ("Subscription Period"). A Subscription Period is 12 months. At the end of each Subscription Period, your subscription will be automatically renewed for another 12-month period.

Your subscription will, however, not be renewed if you terminate it no later than 90 days before the end of your current Subscription Period.

You may terminate your subscription by going to the Site and follow the instructions given there or by contacting us via our Contact Information.

Upon termination, your right to access the Services will be revoked. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.

Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.

Termination from our side
We reserve the right to terminate or limit the Services if you:

- materially breach or otherwise violate these Terms or any other provisions set up by us;
- use the Site in any way that we believe does not comply with the intended purposes or is otherwise harmful for us or any third person;
- in our reasonable opinion, use the Site in violation of any applicable law; or
- are late in payment.

Upon occurrence of any of these events, we may contact you and request that you remedy your breach of these Terms before terminating or limiting the Services.

LIABILITY AND LIMITATION OF LIABILITY
Disclaimer of warranties
Except as expressly provided for in these Terms, the Services and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind, and we expressly disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. You acknowledge that we do not warrant the Services will be uninterrupted, timely, secure or error-free.

Limitation of liability
In no event shall Klimato, its subsidiaries, affiliates or any of their respective employees, officers, directors, agents, partners be liable for:

- loss of contracts;
- loss of reputation and/or goodwill;
- loss of profit, loss of revenue, loss of anticipated savings and/or loss of business; or 
- indirect, consequential or special loss, damage or liability even if such loss or damage was reasonably foreseeable, arising out of or in connection with your use of the Functions or the performance of our obligations under these Terms.

Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the Services under the applicable order/contract. We have no liability if you use the Services under a trial period or otherwise free of charge.

We shall not be liable for any loss or damages unless notice in writing summarising the nature of the damages (in so far as it is known by you) and, as far as is reasonably practicable, the amount of damages claimed, has been provided to us within 3 months of you becoming aware of the loss or, if earlier, within 6 months from when the loss occurring.  

Indemnification
You agree to defend, indemnify and hold harmless Klimato, its subsidiaries and affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including legal fees, arising out of or related to:

- any Content submitted or posted by you in connection with the Services or on the Site;
- fraud you commit or your intentional misconduct or gross negligence in connection with the Services; or
- your violation of any applicable law or rights of a third party.  

Defects and delays beyond our control (force majeure)
We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.

CONFIDENTIALITY
During the term of these Terms and thereafter, the parties undertake not to disclose to any third party information regarding these Terms, nor any other information that the parties have learned as a result of these Terms, whether written or oral and irrespective of form ("Confidential Information").

The parties agree and acknowledge that the Confidential Information may be used solely for the fulfilment of the obligations under these Terms and not for any other purpose. The receiving party further agrees to use, and cause its directors, officers, employees, sub-contractors or other intermediaries to use, the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information.

The confidentiality undertaking above shall not apply to any Confidential Information that the receiving party can establish is or becomes available to the public (otherwise than by breach of these Terms or any other confidentiality undertaking).

The parties also undertake to ensure that any information disclosed under this section, to the extent possible, shall be treated confidentially by anyone receiving such information. This confidentiality undertaking shall remain in force 3 years after the termination of the Services.

CHANGES AND ADDITIONS
We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email. You are responsible for keeping yourself informed of any changes to the Terms. The latest version of the Terms will be available on the Site. Amendments to the Terms become effective the business day following the day they are posted.

All new functionalities, features and content introduced and added to the Services or the Site will be subject to what is stipulated in the Terms.

COMPLAINTS AND CUSTOMER SUPPORT
If you have any complaints, you may contact our support department by using our Contact Information.

PERSONAL DATA AND PRIVACY
You acknowledge that you are the data controller for any personal data processed by us on your behalf in conjunction with your use of the Services. You also acknowledge that we are considered as your data processor. Therefore, you agree to enter into a separate data processing agreement with us.

More information about how we process personal data can be found in our Privacy Policy.

PROPERTY AND INTELLECTUAL PROPERTY RIGHTS
Our rights
The Site is owned and operated by Klimato. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes, etc.) are our property or third party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our prior written consent.

Licence
Klimato grants you a non-exclusive right and licence to use the Site and the Services for the sole purpose of us providing the Site and the Services to you. Upon expiry or termination of this agreement, this right and licence shall end.

Respect for our property
You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source codes or information for any purposes.  

Respect for our intellectual property
The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our prior written consent.

ASSIGNMENT
You may not assign any of your rights or obligations under the Terms to any third party without our prior written consent.

We may assign the Terms, and we may assign, transfer or subcontract any of our rights or obligations under the Terms, to any third party without your prior consent.

APPLICABLE LAW AND DISPUTES
Swedish law shall apply to these Terms.

Any dispute, controversy or claim arising out of or in connection with these Terms shall be settled by a general court in Sweden.

COMPANY INFORMATION
Klimato AB is an entity registered in Sweden with its address at Medborgarplatsen 3, 11826 Stockholm.