Terms & Conditions

Operator: PRYVY.IO GmbH

1. Scope of the General Terms and Conditions

These General Terms and Conditions apply to contracts between the company PRYVY.IO GmbH - hereinafter referred to as the "Operator" - and users of the web application - hereinafter referred to as Carbon Checkmate.

2. Services

The Operator enables the User to use Carbon Checkmate via the Internet as "Software as a Service / SaaS" for an unlimited period of time. For this purpose, the Operator makes Carbon Checkmate available for retrieval on its own servers or on the servers of a rights center in the EU. The software is made available for use via these servers and the data collected, used and stored when using the software is stored to the agreed extent and made available for retrieval via remote data access as intended. Access to the tool and the stored data must also be possible at all times outside the maintenance window, unless the operator has to carry out urgent support measures or other urgent measures to maintain usability.

The software is not made available in object or source code.

The operator grants the user a simple, non-transferable right to use the software for the duration of the contract.

The operator is not obliged to provide the user with documentation of the software / a user manual. The operator provides information on the basic functionalities in the tool itself and enables the user to access corresponding information, which the operator makes available online if required.

The software is made available to the user for use at the router output of the data center operated by PRYVY.IO GmbH or its service provider. The User shall be responsible for establishing and maintaining the data connection between the User's end device and the transfer point operated by PRYVY.IO GmbH. Server availability is not guaranteed, but it can be assumed that the annual availability is over 99.9%. If, contrary to expectations, this is not the case, there is no entitlement to compensation.

After termination of the contract, it is no longer possible for the user to view the data stored in the software.

3. Chargeable services

The operator offers fee-based services. In order to be able to use the services and functions of the paid services, the customer must take out a paid subscription.

Payment for this subscription is made exclusively online via the customer menu using the payment options provided there and is to be paid in advance for a specific period indicated to the customer.

The operator is obliged to provide the services for the entire period paid for.

Cancellation is possible on the date of the next payment with a notice period of seven days. Your right of termination remains unaffected. Upgrades are possible at any time.

4. Carbon offsetting

The content of the fee-based services provided by PRYVY.IO GmbH includes offsetting the carbon emissions generated by the websites posted by the customer. The carbon emissions attributable to the websites are calculated using an algorithm created by PRYVY.IO GmbH. In order to always calculate the best possible value, PRYVY.IO GmbH reserves the right to change the algorithm at any time.

The compensation of the calculated carbon emissions is carried out by PRYVY.IO GmbH.

The monthly payments of PRYVY.IO GmbH for the compensation of the websites set up by the customer are capped at a maximum of 90% of the monthly fee paid by the respective customer after deduction of all transaction costs. This is usually sufficient to offset the calculated monthly carbon emissions.

5. Changes to the tool, errors, maintenance windows, further development of the tool.

PRYVY.IO GmbH is entitled to change the design of the tool. It is also entitled to adapt the structure and functionalities of the tool. PRYVY.IO GmbH shall inform the user of any significant changes.

If PRYVY.IO GmbH is obliged to rectify errors/defects in the tool or to bring about/maintain the contractual condition of the tool, the company reserves the right to choose the type of rectification of defects.

PRYVY.IO GmbH shall be entitled to block access to the tool and the stored data once a week for a maximum of 2 hours (maintenance window) in order to be able to carry out changes to the tool or other maintenance work. PRYVY.IO GmbH shall endeavor to keep the restrictions for the user as low as possible, including carrying out the work at night.

6. Personal data of the user

If the user's data changes, e.g. the e-mail address, the user is obliged to inform PRYVY.IO GmbH of the new data, insofar as this is necessary for the proper execution of the contract.

7. Personal data for the creation of website statistics

In order for PRYVY.IO GmbH to be able to offer its services, data from visitors to the website entered by the user is collected and processed. This data is collected anonymously and no personal data is stored at any time. The legally compliant anonymized collection of website visitors is only guaranteed by Carbon Checkmate as long as the user does not collect personal data himself using the functions provided by Carbon Checkmate.

In particular, PRYVY.IO GmbH points out that legally compliant anonymized data collection with Carbon Checkmate is no longer guaranteed if the user saves personal data with the help of the "Events" function. In the event that personal data is collected through the user's settings and entries, liability lies solely with the user.

8. Backup copies, archiving, deletion, backup obligations of the user.

In order to ensure the proper operation of the tool, PRYVY.IO GmbH regularly creates backup copies, which also include the content entered by the user and the data entered by the user in the tool. In addition, PRYVY.IO GmbH is entitled to make copies for archiving purposes and to store them for 12 months. If legal regulations prescribe longer archiving, archiving shall take place in accordance with these periods. Thereafter, the copies shall be deleted or destroyed in any other form.

If PRYVY.IO GmbH has a further legitimate interest in partial backup/partial archiving of content, e.g. if a third party asserts claims against the User or PRYVY.IO GmbH in connection with this User Agreement, PRYVY.IO GmbH shall be entitled to maintain the partial backup/partial archiving until this dispute has been settled with legal certainty.

9. Defects of the tool, liability.

If PRYVY.IO GmbH fraudulently conceals a defect in the Tool and/or its other services from the User, PRYVY.IO GmbH shall be obligated to compensate the User for any resulting damages.

Otherwise, PRYVY.IO GmbH shall only be liable for intent and gross negligence.

10. Duration of the contract

The contract shall run for an indefinite period and may be terminated by either party with seven days' notice. The right to terminate without notice remains unaffected by this.

The termination must be made by the user himself in the customer menu.

11. Applicable law, miscellaneous

German law applies.

The place of jurisdiction is Hamburg.

Should any provision of this contract be or become invalid, this shall not affect the validity of the remaining provisions.

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