Version #1, June 2023
These Terms and Conditions of Use (“ Terms ”) establish the general conditions for the use of the Climate Impact Calculator, through the website www.aondaverde.com.br/calculadora, (“Platform”), by CLIMATE VENTURES (“ CLIMATE VENTURES ” or “ we ”), applicable to any mobile device and computer.
To use the Platform, you must indicate that you have read, accept and agree to comply with these Terms in their entirety by clicking the button below “I DECLARE that I have read, understood and agree with these Terms and Conditions of Use”.
If you do not agree with these Terms, you may not access or use the Platform in any way. If you wish to stop using the Platform at any time, simply stop using the services.
We emphasize that these Terms may be changed at any time by publishing updated versions. Therefore, in order to guarantee the transparency and accuracy of the information contained herein, you will be notified if there are any substantial changes to these Terms. If you do not agree with these changes, you will no longer be able to use the services available on the Platform.
1. ABOUT THE PLATFORM
1.1. The Platform refers to the “Climate Impact Calculator” project and consists of collecting information regarding the impact produced by the solutions. By filling in data on the Platform, information is sought about the participating organization, the key sector of activity, the related impact factors, the extent of the impacted area, the types of inputs to be reduced, among other information.
1.2. By gathering such information, the Platform calculates the climate impact of each organization's solution and provides information on tons of carbon, equivalent emissions in cars, share of avoided emissions per area of impact of the initiative, etc.
2. OUR USERS: WHO CAN USE THE PLATFORM
2.1. The Platform can be used by any natural person (“USER” or “you”), within the limits established by law and these Terms, as it does not have content subject to age restrictions.
3. OBJECT OF THE PLATFORM
3.1. CLIMATE VENTURES makes its Platform available for public and free use to its USERS, to enable the calculation of the climate impact of a given initiative, based on data provided by USERS.
3.2. The USER may use the Platform for the purpose listed above based on their business. Improper use of the Platform may result in the limitation or suspension of the USER's use of the Platform, as provided for in these Terms.
4. LIMITS TO POSTS ON THE PLATFORM
4.1. CLIMATE VENTURES values the free expression of USERS on the Platform, with freedom of expression, communication and expression of thought being guaranteed, safeguarding the limits provided for by law and outlined in this Item of the Terms.
4.1. USERS understand their obligation not to share, transmit or otherwise publish through the Platform any content that:
i) Is unlawful, racist, sexist, defamatory, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful;
ii) Would constitute, encourage or provide instructions for a crime, violate the rights of any party, endanger the safety of USERS or otherwise create liability or violate any local, state, national or international law;
iiii) May infringe or violate any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party;
iv) Configure advertising content containing promotions, political campaigns, advertising or requests;
v)Include links or files that contain or are viruses, spyware, malware or other content harmful to the Platform or USERS; or even if
vi) Restricts or inhibits any USER from using or enjoying the Platform, or that may expose CLIMATE VENTURES or its USERS to any danger or liability of any nature.
4.3. The USER further acknowledges that they must have the express authorization of the owners or authors to share content or make publications that are not their own or exclusive authorship.
4.4. The USER acknowledges that they are exclusively responsible for the content they post or transmit using the Platform, and CLIMATE VENTURES does not have any responsibility, including prior editorial control, over the content published on the Platform.
5. SECURITY AND LIMITS TO THE USE OF THE PLATFORM
5.1. The USER must not in any way impair the perfect functioning of the Platform, including, but not limited to:
i) The introduction of viruses, trojans, worms or any other malicious or harmful device;
ii) Unauthorized access to the platform or any server, computer or database related to the Platform;
iii) To carry out any action that imposes or may impose, at our discretion, an unjustifiable or disproportionate burden on CLIMATE VENTURES' infrastructure.
5.2. The USER further agrees not to:
i) Modify or otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software, products or services obtained from or through the Platform;
iii) Access, monitor or copy any content or information from the Platform using any type of bot or other automated means or any manual process for any purpose, without the express authorization of CLIMATE VENTURES to do so;
iii) Frame, mirror or otherwise incorporate any part of the Platform into any other website or application without the express authorization of CLIMATE VENTURES to do so; or
iv) Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program related to the Platform.
5.3. CLIMATE VENTURES will make every effort to ensure that its virtual security is not breached. However, in view of the technological advancement of cyber invasions, CLIMATE VENTURES is not responsible for any loss, damage or damage resulting from the violation of our virtual security by third parties, except with regard to those arising from incidents involving USERS' Personal Data and that result in relevant risk or damage to these holders, in accordance with the provisions of the General Data Protection Law (“LGPD” or “Law 13,709/2018”).
6. PLATFORM AVAILABILITY
6.1. Access to the Platform will be available, as a rule, on an uninterrupted basis.
6.1.1. Exceptionally, the USER acknowledges that the Platform may experience interruptions scheduled by CLIMATE VENTURES for maintenance or testing of the Platform, or due to possible problems inherent to the use of technologies, software and systems.
6.1.2. Without prejudice to the provisions above, the USER further acknowledges that technical or operational failures may occur that make the use of the Platform difficult or impossible, for any reason.
6.2. In any case, CLIMATE VENTURES will not be held responsible for damages caused as a result of any interruption, suspension, discontinuation or unavailability of the Platform services for any reason, nor in any way for any technical malfunction that may occur on the Platform. CLIMATE VENTURES will not be held responsible for any direct or indirect damages that may arise due to technical defects, failures or short- or long-term malfunctions.
6.3. Your use of the Platform may be limited or suspended in case of misuse of the tool or legal violation or of these terms. Therefore, CLIMATE VENTURES reserves the right to unilaterally cancel, suspend, deactivate, block or terminate the USER's access to the Platform, with unilateral termination of the Terms, if:
ii) The practice of fraudulent attitudes is identified, directly or indirectly, through the use of the Platform;
iii) Your actions result in any direct or indirect damage to CLIMATE VENTURES, its USERS or third parties;
iv) You use the Platform for commercial or advertising purposes;
v) Requested to CLIMATE VENTURES through a request from a competent judicial or administrative authority;
vi) CLIMATE VENTURES identifies other scenarios in which, at its sole and discretionary discretion, it deems the adoption of these measures necessary.
7. PROTECTION OF PERSONAL DATA
7.1. Upon acceptance of these Terms by the USER, CLIMATE VENTURES may process the user's Personal Data in accordance with the provisions of its Privacy Notice, which is an integral part of these Terms and prepared in accordance with the requirements established by current legislation.
8. INTELLECTUAL PROPERTY
8.1. Unless otherwise specified, you must assume that all information and content that is available through the Platform is protected under copyright legislation and must not be used in any way other than that established in these Terms or without the express authorization of CLIMATE VENTURES and any other party that CLIMATE VENTURES deems necessary.
8.2. You undertake not to copy, reproduce, modify, republish, upload, publish, transmit or distribute any documents or information from the Platform in any form or by any means, without the prior authorization of CLIMATE VENTURES.
8.3. CLIMATE VENTURES' trademarks may not be used commercially, in whole or in part, without prior authorization.
8.4. Any products, services, programs or technologies described on the website and the Platform may be protected by intellectual property rights (which includes, but is not limited to, copyrights, software, trademarks or patents) owned by CLIMATE VENTURES or third parties. Any of these rights that are not expressly licensed in this document are reserved to CLIMATE VENTURES or their respective holders, as applicable.
9. RESPONSIBILITY OF THE PARTIES
9.1. Under no circumstances will CLIMATE VENTURES or its advisors, partners, employees or agents be liable for any damages, indirect or unforeseen, or for any other damages of any kind, arising from or in any way linked to the use of or inability to use or view the Platform , services, products, USER content or other materials on the Platform, or due to the improper and/or intentional use by third parties of the content published on the Platform by USERS.
9.2. No responsibility of any kind, be it accessibility, veracity, legality of the content or any other, may be attributed to CLIMATE VENTURES when the USER, through the Platform, accesses websites or links owned, administered and/or third party control.
9.3. Any and all material, data or information included by the USER on the Platform will be their full and total responsibility, being exclusively responsible for any losses caused to third parties or to CLIMATE VENTURES.
10. GENERAL PROVISIONS AND ACCEPTANCE OF TERMS
10.1. New tools, services and activities may be added to the Platform at any time, as well as existing ones may be excluded, without any prior notice to the USER. Any and all new tools or activities included in CLIMATE VENTURES will automatically be linked and subordinated to these Terms.
10.2. If any of the conditions of these Terms are considered invalid, illegal or unenforceable, the provision in question will be enforced to the maximum extent permitted by applicable law, without affecting the validity, legality and enforceability of the other conditions.
10.3. Any concession or tolerance for non-compliance with any obligation related to these Terms will be considered mere liberality, not constituting a novation, invocable precedent, tacit alteration of the Terms, waiver of rights or acquired rights of the USER of the Platform.
10.4. If you have any questions regarding the interpretation and scope of these Terms, you can contact us via email email@example.com.
10.5 By using the Platform you represent, warrant and agree that your access and use do not violate any applicable law or regulation.