Terms of Use

Date of last amendment: February 14, 2023.

Please read these terms of use (the Terms of Use) carefully before using the Carbon+Alt+Delete Software Platform. By clicking the “I agree” button, you agree that your use of the Software Platform will be governed by these Terms of Use. You hereby state that these Terms of Use are in English, that you understand the content and agree to these Terms of Use. If you do not agree to any provision of these Terms of Use, you may not access and use the Software Platform in any manner.

The Software Platform is operated and managed by Carbon+Alt+Delete, a private limited liability company, registered with the Crossroads Bank for Enterprises under company number BE 0757.689.269 (Carbon+Alt+Delete).

These Terms of Use describe the terms and conditions under which users (User(s), you or your) can use the Software Platform. The access to and use of the Software Platform is subject to acceptance without modification of all terms and conditions as contained in these Terms of Use.

If you have any questions about the Software Platform or these Terms of Use, please contact Carbon+Alt+Delete directly via info@carbonaltdelete.eu.

Article 1: Definitions

The following definitions (and additional definitions provided throughout these Terms of Use) will apply to these Terms of Use:

Company Account: The company account through which the User gains lawful access to the Software Platform.

Data: means (i) any content, data, information or material provided or submitted by the User or on its behalf to Carbon+Alt+Delete in the course of utilizing the Software Platform, and (ii) any content, data, information or material that is collected or generated by the Software Platform that result from queries made by the User.

Personal Data: Any information about a natural person that can be used directly or indirectly to identify this person, such as a name, an identification number, location data, an online identifier or one or more elements characteristic of the identity of that natural person.

Software Platform: Web-based platform, developed, owned and commercialized by Carbon+Alt+Delete, to calculate and reduce the carbon footprint of companies, including but not limited to all developed source code and databases.

Article 2: Applicability

These Terms of Use govern the use and access of the Software Platform of a User, as well as all persons a User represents or has lawfully offered permission to use and access the Software Platform. The Terms of Use also govern the content, information and services, provided through the Software Platform.

Each time you access and use the Software Platform you state and confirm your acceptance and agreement, and the acceptance and agreement of all persons you represent or allow access to, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all persons you represent or allow access. Therefore, the Terms of Use constitute a legally binding agreement between Carbon+Alt+Delete and you. If you do not agree with each provision of these Terms of Use, or you are not authorized to agree to and accept these Terms of Use, you must immediately cease your access and use of the Software Platform.

If you want to use the Software Platform, you acknowledge that you have read and understood the following policies of Carbon+Alt+Delete which govern the processing of your Personal Data and the way Carbon+Alt+Delete uses cookies: Privacy policy.

Each time you access and use the Software Platform, the Terms of Use as they then read will govern your access and use. Accordingly, when you access and use the Software Platform you should check the date of these Terms of Use (which appears at the top of these Terms of Use).

Carbon+Alt+Delete reserves the right at any time, and from time to time, with or without cause to change, modify or supplement these Terms of Use. Any such modification or changes made will be effective immediately upon Carbon+Alt+Delete making such amendments or changes available or otherwise providing notice thereof. You agree that your continued use of any of the Software Platform after such changes or amendments constitutes your acceptance of such changes.

Article 3: Use of the Software Platform

The Company Account through which you lawfully accessed the Software Platform allows you to use the Software Platform, to integrate certain (external) data sources in order to to calculate and reduce the carbon footprint of your company and modify dashboards, in order to get actionable insights from this data.

To use the Software Platform, your device requires a WIFI or (mobile) internet connection. The access to such WIFI or (mobile) internet connection is your sole responsibility. Please make sure that your (mobile) device meets the minimum system requirements. If your (mobile) device does not meet these minimum system requirements, Carbon+Alt+Delete cannot ensure that the Software Platform will function properly. Carbon+Alt+Delete will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Unless such use has been expressly approved in writing by Carbon+Alt+Delete, the User acknowledges and agrees that any use of the Software Platform outside or beyond the what is allowed according to these Terms of Use will entitle Carbon+Alt+Delete to immediately terminate or suspend the Company Account, without any formalities being required and without prejudice to any other right or remedy available to Carbon+Alt+Delete. Carbon+Alt+Delete reserves the right to make, in its sole discretion, changes and updates to the Software Platform from time to time without prior notification to the User.

The User agrees to use commercially reasonable efforts to prevent unauthorized access to, or use of, the Software Platform, and will notify Carbon+Alt+Delete promptly in writing of any such unauthorized use which the User may become aware of.

Article 4: Restrictions on use

You will be solely responsible for maintaining the confidentiality and security of your Company Account login information such as your password and will be fully responsible for all activities that occur under your Account. You agree to immediately notify any unauthorized use or suspected unauthorized use of your account or any other breach of security and at the latest within twenty-four (24) hours. Carbon+Alt+Delete will not be liable for any loss or damage arising from your failure to comply with the above requirements.

The User agrees to use the Software Platform only for its intended use as set forth in these Terms of Use. The User agrees to comply with all laws, rules and regulations applicable to the use of the Software Platform.

The User agrees that it will not itself or through any parent, subsidiary, affiliate, agent, (sub)contractor or other third party:

  • use or copy the Software Platform otherwise than for the use permitted in these Terms of Use;
  • provide, make available to, license, sub-license, sell, re-sell, rent, lease, transfer, distribute or permit other individuals to use the Software Platform, either in whole or part, except as expressly set forth in the Agreement.;
  • modify or create derivative works of the Software Platform, except as expressly provided in these Terms of Use;
  • decompile, disassemble, reverse engineer or attempt to derive, reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software Platform by any means whatsoever, or disclose any of the foregoing except to the extent expressly permitted by applicable law;
  • encumber any lien or security interest on the Software Platform;
  • use the Software Platform in an environment not expressly permitted under the Terms of Use or use the Software Platform in any way that (i) is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or (ii) violates or infringes upon the rights of a third party, including those pertaining to: contract, intellectual property, privacy, or publicity;
  • circumvent any technical or other protective measures (including any user limits or view restrictions) embedded in the Software Platform; and
  • perform any act or fail to perform any act the omission of which, infringes, misappropriates, or otherwise violates any Intellectual Property Rights of Carbon+Alt+Delete or violates any applicable law.

No express or implied license or right of any kind is granted to the User regarding the Software Platform or any part thereof, including but not limited to any right to obtain possession of any source code, data or other technical material relating to the Software Platform, unless otherwise provided in the Agreement.

Carbon+Alt+Delete may terminate, suspend or limit with immediate effect your right to access and use of the Software Platform if Carbon+Alt+Delete believes or has reasonable grounds to suspect that you are violating these Terms of Use.

Article 5: Emission factor datasets

Carbon+Alt+Delete offers access to certain emission factor datasets through sub-licensing.

The User has no right to sell, distribute, scrape, disseminate, publicly display, reproduce, or re-use the emission factor data in any other product or service outside the Software Platform. Carbon+Alt+Delete is not responsible for the validity and integrity of the emission factor datasets it sublicenses. It is the responsibility of the User to verify and assess the validity and integrity of the emission factor datasets, and to decide whether or not it fits for the intended use.

Article 6: Intellectual property

Intellectual property rights means any and all now known or hereafter existing (i) patents, patent applications, patent disclosures and inventions (whether patentable or not), (ii) trademarks, service marks, trade dress, trade names, logos, corporate names, internet domain names, registrations and applications for registration thereof together with all of the goodwill associated therewith, (iii) copyrights and copyrightable works, including mask works, and registrations and applications thereof, (iv) computer software programs, including source code and object code, databases and documentation thereof, (v) trade secrets and other confidential information, including ideas, formulas, compositions, inventions, improvements, know-how, manufacturing and production processes and techniques, research and development information, drawings, specifications, blueprints, flowcharts, schematics, protocols, programmer notes, designs, design rights, developments, discoveries, plans, business plans, proposals, technical data, financial and marketing plans and customer and supplier lists and information, and (vi) all other forms of intellectual property.

All Intellectual Property Rights relating to the Software Platform shall remain the exclusive property of Carbon+Alt+Delete and shall under no circumstances be transferred to the User. The User will obtain no right, title or interest therein other than expressly set forth in these Terms of Use.

Carbon+Alt+Delete’s name, logo, trademarks and product names associated with the Software Platform may not be used without Carbon+Alt+Delete’s prior written consent.

In the event that, notwithstanding any prohibition thereto, the User modifies, improves or creates derivative works of or from the Software Platform or any part thereof (the Improvements), Carbon+Alt+Delete shall immediately and irrevocably own all right, title and interest, including any and all Intellectual Property Rights, in and to such Improvements and the User hereby assigns any rights (including any Intellectual Property Rights) in such Improvements to Carbon+Alt+Delete and agrees to secure any additional confirmations, assignments or other instruments or documents as may be necessary to vest title to any such Improvements in Carbon+Alt+Delete as contemplated by this article. No amount shall be payable by Carbon+Alt+Delete to the User for the assignment of any rights in Improvements.

The User agrees not to remove, suppress or modify in any way any proprietary marking, including any trademark or copyright notice, on or in the Software Platform.

Article 7: Data

All Data submitted by the User during the term of the Agreement will remain the sole and exclusive property of the User.

The User will have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness of and copyright permissions for all Data. Carbon+Alt+Delete will not use the Data for any purpose other than to provide the Software Platform.

The Customer grants Carbon+Alt+Delete a non-exclusive, royalty-free, worldwide, non-sublicensable, non-transferable, revocable license to use, copy, store, modify, transmit and display the Data to the extent useful or necessary to provide the Software Platform.

Carbon+Alt+Delete reserves the right, but is not obliged, to review and remove any Data which are deemed to be in violation with (i) the provisions of these Terms of Use or otherwise inappropriate, (ii) any rights of third parties, or (iii) any applicable legislation or regulation.

The Customer shall in its sole discretion be entitled to cease any access to, remove, process and/or modify Data and make such Data available to the User.

Customer agrees that Carbon+Alt+Delete may collect, use, and disclose quantitative data derived from the use of the Software Platform for industry analysis, benchmarking, analytics, marketing, and other business purposes. All Data collected, used, and disclosed will be in aggregate form only and will not identify the User.

Article 8: Liability and indemnification

Carbon+Alt+Delete does not accept any liability for your access and/or use of the Software Platform. For that reason, the following provisions apply to your access and use of the Software Platform.

Disclaimer. Your access and use of the Software Platform are at your own risk. The Software Platform is provided on an “AS IS” and “AS AVAILABLE” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy or completeness, all of which are hereby disclaimed by Carbon+Alt+Delete and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers to the fullest extent permitted by law.

You are solely responsible for obtaining, configuring and maintaining all computer hardware, software, telephone services, and other equipment and services necessary for you to access and use the Software Platform.

The internet is not a secure medium, may be subject to interruption and disruption, and inadvertent or deliberate breaches of security and privacy. The operation of the Software Platform may be affected by numerous factors beyond Carbon+Alt+Delete’s control. The operation of the Software Platform may not be continuous or uninterrupted, secure or private.

Without limiting the generality of the foregoing, Carbon+Alt+Delete, and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers make no representation, warranty or condition that:

  • the Software Platform will be compatible with your computer and related equipment and software;
  • the Software Platform will be available or will function without interruption or will be free of errors or that any errors will be corrected;
  • the Software Platform or (analyses) derived therefrom will meet your requirements;
  • the information contained in the Software Platform or (analyses) derived therefrom will be accurate, complete, sequential or timely;
  • certain or any results may be obtained through the use of the Software Platform;
  • the use of the Software Platform, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or
  • the use of the Software Platform will not infringe the rights (including intellectual property rights) of any person and Carbon+Alt+Delete and providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.

Carbon+Alt+Delete and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers will not be liable to you or any other person for any loss or damages suffered by you or any other person as a result of any failure or refusal by Carbon+Alt+Delete to give effect to, or for any failure or delay by Carbon+Alt+Delete in receiving, accessing, processing or accepting, any communication sent to Carbon+Alt+Delete by means of the Software Platform or e-mail, or for any loss or damages suffered as a result of the operational failure, malfunction, interruption, change, amendment or withdrawal of the Software Platform or email services, or for any damages in connection with the Software Platform or any content.

Carbon+Alt+Delete does not and cannot review all the content and material, including software, uploaded, downloaded, posted, emailed, analyzed or otherwise transmitted on or through the Software Platform.

You expressly agree that use of the Software Platform, including all content, data or software distributed by, downloaded or accessed from or through the Software Platform, is at your sole risk. You acknowledge that Carbon+Alt+Delete does not control in any respect any information, products, or services offered by third parties on or through the Software Platform.

Liability exclusion. To the fullest extent permitted by law, Carbon+Alt+Delete nor its directors, affiliates, subsidiaries, contractors, agents, representatives or employees or providers will under any circumstances (unless in case of gross negligence or willful misconduct) be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, incidental, indirect or consequential loss or damage or exemplary or punitive damages, whether in contract, tort, negligence, strict liability, or under any other theory of law or equity, arising from, connected with, or relating to the use of the Software Platform by you or any other person, and regardless of any negligence or other fault or wrongdoing nor awareness of the possibility of loss or damages, by Carbon+Alt+Delete or its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers.

Indemnity. You agree to indemnify, defend and hold harmless each of Carbon+Alt+Delete and its directors, affiliates, subsidiaries, contractors, agents, representatives and employees and providers and all of their respective franchisees, partners, agents, directors, officers, employees, information providers, service providers, suppliers, subcontractors, licensors and licensees, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of the Software Platform, your uploads, downloads, posts, emails, analyses or otherwise transmissions of Content or information or your breach of these Terms of Use. You will assist and cooperate as fully as reasonably required by the Indemnified Parties in the defense of any claim or demand.

Article 9: Miscellaneous

Force Majeure. Carbon+Alt+Delete will not be liable for any failure or delay in the performance of its obligations with regard to the Services if such delay or failure is due to causes beyond our control including by not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, pandemics, telecommunications, network, computer, server or Internet downtime, cyber-attacks, unauthorized access to Carbon+Alt+Delete’s information technology systems by third parties or any other cause beyond the reasonable control of Carbon+Alt+Delete (the “Force Majeure Event”).

Assignability. You may not assign or transfer these Terms of Use or any rights or obligations to any third party. Carbon+Alt+Delete will be free to (i) transfer or assign (part of) its obligations or rights under the Terms of Use to one of its affiliates and (ii) to subcontract performance or the support of the performance of these Terms of Use to its affiliates, to individual contractors and to third party service providers without prior notification to the User.

Severability. If a court of competent jurisdiction determines any provision, or any portion of these Terms of Use to be unenforceable or invalid, then such provision shall be deemed limited to the extent that such court deems it valid or enforceable and the remaining provisions of these Terms of Use shall nevertheless remain in full force and effect. The Parties agree in such case to start good faith negotiations in order to substitute such invalid or unenforceable provision by a like provision to accomplish the intent of Parties to the extent permitted by applicable law.

Applicable law and jurisdiction. These Terms of Use will be exclusively governed by and construed in accordance with the laws of Belgium, without giving effect to any of its conflict of law principles or rules. Any dispute with respect to the validity and/or interpretation of these Terms of Use will be finally settled by the competent courts of Antwerp, division Antwerp, Belgium.