Terms of Use

These Terms and Conditions (hereinafter referred to as "Terms") set out the general terms and conditions of business between Greenometer s.r.o. (ID No. 07638990, hereinafter referred to as "Green0meter") and the Client (entrepreneur), are governed by Act No. 89/2012 Coll., the Civil Code, as amended, and regulate the use of services provided by Green0meter.

1. SERVICES AND THEIR USE

Green0meter

provides ESG consulting services,
operates the website www.green0meter.com,
operates the website https://marketplace.green0meter.com,
provides the Green0meter platform, available at app.green0meter.com, which allows access to the following services after setting up a user account:
- CO2 module,
- CSRD module,
- SFDR module,
- ESG module,
- any other module that is part of the Green0meter platform.

Website

Green0meter owns all rights, in particular copyright and related rights, to the actual content of the Website, including text and design, graphics, trademarks, logos, generated reports and recommendations, as well as to the selection and arrangement of files contained on the Website. The content of the Website may also be protected by the rights of third parties.
The Operator and all persons using or intending to use the Website (hereinafter referred to as "Users") are governed by these Website Terms of Use (hereinafter referred to as "Rules"). A User signifies his/her acceptance of these Rules by accessing any of the web pages accessible on the Website.
Any information or data presented on the website is non-binding and is published for informational purposes and may be changed or removed by Green0meter at any time. The publication of any data or information on this website, with the exception of these Rules and the Privacy Policy, does not constitute any legal action aimed at creating a legal relationship between the Operator and the User.

Green0meter platform

If you use the Green0meter Platform, Green0meter grants you a non-exclusive and non-transferable license. Such license authorizes the user to use the platform solely for the contractually specified purpose, and the user is not authorized to modify, copy, distribute or provide the software to third parties in any way without the express consent of Green0meter.
All rights to the software, including copyright, remain the exclusive property of Green0meter. Your company agrees to respect these rights and not to engage in any activities that may infringe these rights.
The Platform Service is intended for use by entrepreneurs or public administration bodies for the purposes of their business or other professional or public administration activities only. You represent and agree that you will use the Platform as or on behalf of a business or public entity and solely for purposes related to such activities. The Service is not intended for use by consumers.
Data collection into the platform can be done through i) online forms, ii) file uploads, iii) technical integration such as APIs.
The Green0meter platform has the following characteristics:
1. The online web platform uses Microsoft Azure technology located in the European Union. Green0meter stores all personal data in Western Europe, including data stored on the Azure Cloud in Frankfurt and on the Google Cloud in the Netherlands and Belgium. This data is encrypted both in transit and at rest using standard https and Azure Cloud data encryption procedures, with access to personal data restricted to authorized personnel.
2. Green0meter uses 4 key components for data processing: MS SQL database and procedures hosted on Microsoft Azure, Google Firebase Cloud Functions and Azure Flows hosted in Western Europe. Green0meter's database is supported by Microsoft SQL Server, while Firebase Functions is used to orchestrate user creation and platform functionality, including user account management and data backup.
3. Green0meter's front-end technical architecture is built on React.js with a modular component design, organized folder structure for source code, and uses React Router for client-driven routing and navigation, with environment configuration defined in .env files for various environments including development, staging, and production.

2. USER ACCOUNT

The Green0meter platform can be accessed via a master user account, which can be set up using the online registration form. You agree to provide only true, accurate, complete and current information when registering and to keep it up to date. You are responsible for any activity you perform under your account.
If you are agreeing to the Terms on behalf of an entity (for example, your employer or the company you work for), by accepting the Terms, you represent that you have the legal authority to bind that entity. In this case, we consider that entity to be our client.
User credentials are managed in the platform environment. Users have different rights based on 4 roles (Owner, Manager, Responder, Viewer). For your organization, other users are managed by the Owner of that organization, who can also create access for other users in your organization, e.g. to collect data or manage associated entities.
Keep your login details safe and do not share them with others. In order to prevent any breach of your user account, you must (i) protect any device used in connection with the Service from misuse, (ii) set up secure login credentials, (iii) prevent any third party access to your login credentials, and (iv) protect your login credentials and prevent their misuse.
You must notify us without undue delay of any breach of security or unauthorised use of your user account.
We reserve the right to us, our suppliers or employees to access your user account and the information you have provided, especially for support and maintenance purposes or for any security, technical or billing reasons.
The user account and access to the platform is established for an indefinite period of time, its cancellation is governed by the partial provisions of these terms and conditions.

3. PRICE AND PAYMENT TERMS

The content of the website is publicly accessible and its use is free of charge.
There is a fee for using the Green0meter platform. The price of the service depends on the number of modules you subscribe to and the size of your company. As part of your registration to the platform, you have the option to take advantage of a free trial period, before the end of which you will be contacted by a Green0meter representative for a quote.
The price for the Green0meter platform can be paid on a monthly or annual basis unless otherwise agreed. Payment may be made by subscription using a credit/debit card through an integrated payment gateway ("Subscription") or by invoice. The price of the service is payable in advance.
In order to subscribe to a paid service, you agree to provide accurate and truthful billing information, agree to keep it up to date, and represent that you are authorized to use the payment method selected.
You are entitled to change your chosen payment method, please contact customer support for this purpose. If you wish to continue using the Services, you are required to provide the necessary details for an alternative method of payment for the Service.
In the case of a "subscription", you agree to allow recurring payments and authorize Green0meter to store your payment instrument.
In the event that automatic billing of recurring subscription payments fails or we record an outstanding invoice, we will notify you by email and you will provide us with a new payment method and/or any information necessary to process the payment within 7 days in the event that you wish to continue using the Service. Otherwise, your services may be suspended or cancelled. Suspension or cancellation of services for non-payment may result in loss of access to your Green0meter account. In the event of late payments, you are also responsible for the reasonable costs incurred in collecting late payments.
We may unilaterally change the price for the service at any time. We will notify you of the updated price at least 15 days in advance. The price change does not affect the price already paid for the period you have selected. If you do not reject the updated price within this period, we will charge you the new price at the start of the new period. If you do not agree to the new price, the Service will be terminated at the end of the current period.
The Service will automatically renew for the same period on a recurring basis unless you or we cancel it by written notice of non-renewal no later than the last day of the current period for which you have paid for the Service. You may cancel a renewal period by emailing info@green0meter.com.
Unless otherwise stated, our prices are exclusive of VAT, Green0meter is obliged to add the relevant amount of VAT to the price of the service if it becomes a VAT payer and if VAT is applicable to the price of the service according to applicable legislation.
Unless we agree otherwise for good cause, we will not provide any refunds, regardless of the reason or manner of termination of your use of the Service. Termination of use of the Service will not affect your obligation to pay us the full price of the Service for the agreed period.

4. USE OF THE SERVICE, SUPPORT

Services are available only via the internet. It is your responsibility to properly set up your devices and network connections to make full use of the Services, including web browser settings. We are not responsible for the operation of your Internet connection or the proper setup of your devices or networks.
We are constantly trying to improve our services. We may change the Services, remove features, or discontinue access to third party applications and services at any time without restriction. If you lose access to your content as a result of a change to the Services, we will notify you in advance.
We do our best to operate the Services without interruption, i.e. with an SLA (Service Level Agreement) of 99.9%. However, in some cases, your access to the Service may be limited or suspended, particularly due to (i) downtime or maintenance windows, (ii) technical failures, (iii) acts or omissions of third parties (e.g., hosting provider failures, irregularity or termination of support for third party services on which the Services depend, attacks on the Service, etc.), (iv) connectivity issues, or (v) force majeure. Any unavailability caused by the malfunction of third party services used to provide the Service (in particular telecommunications service providers, etc.) may, under the circumstances, exclude liability for the availability of the Service pursuant to Section 2913 CC. Otherwise, you (the Client) are entitled to a discount in the following amount 99.89% - 99.5%: 10% price reduction, 99.49% - 99.0%: 20% price reduction, 98.9% - 95.0%: 50% price reduction, below 95.0%: 70% price reduction. Price means the total amount of consideration under this Agreement.
You may not (i) commercially exploit the Service in any way, except as otherwise provided in another Agreement, (ii) reproduce or otherwise duplicate the Service, make modifications to the Service or derivative works from the Service, including making backup copies, (iii) distribute, license, sublicense, sell, transfer, assign, lease the Service, (iv) display the Service or make it or your user account publicly available, (v) translate, process, modify or otherwise alter the Service, (vi) reverse engineer, decompile, disassemble, or otherwise attempt to obtain the source code of the Service, (vii) attempt to break the security measures of the Service or otherwise attack the Service, (viii) develop or participate in the development of a service that is based on, derived from, or otherwise competes with the Software, (ix) use the Service in violation of any law, regulation, or statute, or (x) remove or alter our markings on the Service.
As part of the Service, we provide support by answering your questions regarding the use and setup of the Service, etc. You can contact us during working days from 9:00-17:00 via info@green0meter.com, chat in the Green0meter platform, or on +420 792 931 443. We will make every effort to advise you within a reasonable time.

5. YOUR CONTENT AND PRIVACY

In order to perform our obligations set out in the Terms, it is necessary for us to process some of your Personal Data (if you are an individual) or the Personal Data of your employees or other collaborators who use the Service on your behalf and who have access to your user account. Full details of how we process this Personal Data are available in our Privacy Notice https://www.green0meter.com/cs/ochrana-osobnich-udaju.
Personal data means any information relating to an identified or identifiable natural person (personal data) as defined in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR). It is your sole responsibility to comply with all applicable laws and regulations when using the Service and the collection of personal data by the Service.
In an effort to improve the provision of the Services, the Website contains features (cookies) that allow us to track and analyze certain aspects of the use and performance of the Website and the Platform. For more information, please see the link - "link to cookies policy".
Our services allow you to store or share content with other users. We do not claim ownership of your content and it remains your property.
Your company is fully responsible for all content it creates or imports into the platform. Green0meter assumes no responsibility for any errors, inconsistencies or omissions in such content.
Green0meter reserves the right to review your Content in the event of an investigation of a suspected violation of these Terms or applicable law. We reserve the right to block or remove your content from the Services at any time if we determine that it violates the Terms or applicable law. We may also take action against you, including but not limited to immediate suspension of the Services or termination of your Green0meter account.
We mutually agree to use each party's brands, logos and trade names in the usual manner to identify the other party in promotional and marketing materials, including the Website.

6. CONFIDENTIALITY

Confidential Information is any non-public information of a commercial, technological or other nature, including trade secrets, whether or not expressly marked as confidential, that you or we have learned or will learn about directly or indirectly, by any means of communication or observation, in connection with your use of the Service. Confidential Information includes, but is not limited to, know-how, computer programs and their operating principles, computer program source and machine code, data files, algorithms, architectural designs, analyses, preliminary and conceptual materials, specifications and descriptions, pricing policies, business plans, etc. Confidential Information also includes information that you shared with us before you began using the Service if it would otherwise be considered confidential as defined in the Terms.
The parties acknowledge that for the purposes of demonstrating the functionality of the Software, Greenometer may use dummy data that does not serve any actual business purpose and is created for illustrative purposes only. Users are not permitted to publish, reproduce, distribute or otherwise use data that is not their own, does not bear their name and that has been used for demonstration purposes only within the Software. All dummy data provided by Greenometer within the Software is considered confidential information and is protected under the Terms. Users agree to maintain the confidentiality of such data and protect it from unauthorized access by third parties.
Except as otherwise provided in the Terms, we and your company will keep confidential from each other all confidential information as defined in the Terms, and such confidential information will be used solely for the purpose of using and providing the Service. We and Your Company agree to use our best efforts to prevent the leakage or misuse of Confidential Information (including, without limitation, by adequately securing electronic devices and communication channels).
The confidentiality obligation lasts for as long as you have a user account on the Service, and thereafter for 5 years from the date of termination of the user account.
It is not a breach of the duty of confidentiality with respect to confidential information to disclose information to third parties (including confidential information) on the basis of your company's instructions and consent. This includes in particular the following cases:
1. If you express an interest in third party services, we are entitled to provide the following information to the third party through the Green0meter Services: your company ID, company name, name, surname and telephone number of the contact person, NACE, the product you have expressed interest in.

7. LINKS TO THIRD PARTY SITES OR SERVICES

The Service may contain links to third party websites or services that are beyond our control. We provide links to these services in good faith and with vetted partners, but we are not responsible for the operation or terms of use of these websites or services or for any damages or losses you incur in connection with your use of them. We encourage you to read the terms and conditions of use of this website or services in advance. In the event that the provision of the Service requires the transfer of information to a third party, you will be asked to consent to the transfer of information.

8. VALIDITY AND TERMINATION

You have the right to cancel your Green0meter master account at any time and for any reason. If you wish to terminate your user account and thus your use of the Green0meter platform, please contact us at info@green0meter.com .
If you ask us to cancel your Green0meter master account, you can choose to suspend it for 30 or 60 days in case you change your mind. After these 30 or 60 days, your Green0meter account will be cancelled.
In case of cancellation of the master user account Green0meter:
1. Your right to use the Green0meter platform and the master user account, including associated user accounts, will immediately terminate,
2. We will remove your data or your content related to your Green0meter Account or otherwise terminate the connection between you and your Green0meter Account (unless we are required by law to retain, return or transfer the content or data to you or a third party you designate),
3. you will lose access to your content and services provided on the Green0meter platform. It is your responsibility to back up your important data. We are not responsible for providing any backups of your data.
Green0meter is entitled to terminate the contractual relationship in writing without giving any reason. The notice period is 2 months and starts on the 1st day of the calendar month following the delivery of the notice to your company.
We may restrict, suspend or terminate the contractual relationship with immediate effect in serious cases of (i) breach of the Terms, our Privacy Policy or any applicable law, (ii) your activities are linked to criminal activity, (iii) we suspect or detect any malware, code or other malicious activity in your user account, (iv) we become aware that you are bankrupt, enter into liquidation or are subject to enforcement proceedings.

9. WARRANTIES AND LIMITATIONS OF LIABILITY

Green0meter provides the Services with professional care and necessary knowledge. Nothing in these Terms limits or excludes our liability for breach of this obligation.
Green0meter, its agents or attorneys shall not be liable for indirect damages, including financial losses such as lost profits, unless Green0meter, its agents or attorneys acted with gross negligence or willful intent.
The content of the website, including the calculations provided free of charge, is of an informative and non-binding nature only and does not constitute auditable outputs. Green0meter is not responsible for decisions taken by the User on the basis of this information and outputs.
Green0meter may make changes to the information on the website at any time without notice.
The Service is designed and offered as a service for general use, not for the specific purposes of any user. The Service includes only the tools and features expressly set forth in the Terms; if the Service has no additional features, this will not be considered a defect in the Service. The Service is not intended to be used, and is not suitable for use, in operations where failure, delay or inaccuracy of features, data or content of the Service may result in death, personal injury or serious damage to property or the environment.
Green0meter shall not be liable for any failure or delay in performing its obligations under these Terms if such failure is due to circumstances beyond Green0meter's control (Force majeure), war or terrorist activities). However, Green0meter will use its best efforts to minimize the impact of such events and to perform the obligations that have not been affected.
If you provide Green0meter with an idea, suggestion, or feedback, including, but not limited to, ideas for new products, technologies, promotions, product names, product feedback, and product improvements ("Feedback"), you grant Green0meter, without any obligation to pay you a fee or royalty or other obligation, the right to create or have created derivative works based on your Feedback or to use, share, and commercially exploit your Feedback in any manner and for any purpose. You will not provide Feedback that is subject to a license that requires Green0meter to license its software, technology or documentation to third parties because it contains your Feedback.
By agreeing to these terms, you agree to abide by the following rules.
1. Not to engage in illegal activities.
2. Do not use our platform to spread spam.
3. Do not publicly display inappropriate content or other material (including, for example, nudity, cruelty, pornography, offensive language, graphic violence, or criminal activity) and do not use the Services to share such content.
4. Not to engage in fraudulent, false or misleading activities (e.g., soliciting money under false pretenses, impersonating someone else, manipulating the Services to increase views, or influencing ratings and comments).
5. Do not intentionally circumvent restrictions on access to or availability of services.
6. Not engage in activities that could harm you, the Services or other users (such as transmitting viruses, stalking, posting content that promotes terrorism or violent extremism, hate speech, or promoting violence against others).
7. Do not engage in activities that invade the privacy of other users.
8. Do not help others to break these rules.
You (as the aggrieved party) will promptly indemnify us (as the aggrieved party) for all losses, expenses incurred (including, without limitation, attorneys' fees, out-of-court costs, litigation costs, damages, fines, settlements, etc.) and reputational harm resulting from any administrative proceeding, lawsuit or other litigation brought against us by a third party as a result of your misuse of the Service or other failure to comply with the Terms, applicable data protection law, privacy policy or applicable law.
Each Party represents that it will (i) at all times comply with applicable anti-bribery and anti-money laundering laws and (ii) not take any action, directly or indirectly, that would expose the other Party or any of its Affiliates to the risk of being subjected to a criminal offence for violation of applicable anti-bribery or anti-money laundering laws.

10. FINAL PROVISIONS

All rights and obligations arising out of or in connection with the use of the Service and the Terms shall be governed by the laws of the Czech Republic.
We may unilaterally change the Terms at any time (i) to comply with applicable law, including, but not limited to, to change the Terms; (ii) as a result of recommendations or guidance under applicable law; (iii) for the purposes of developing the Service; (iv) for technical reasons; (v) based on operational requirements; or (vi) as a result of a change in the Terms for the benefit of the User.
We will always give you at least 7 days' notice of any change to the Terms by posting the new Terms on our website and notifying you via your user account or email.
If you use the Services after the effective date of the new Terms, you will be deemed to have accepted the amended Terms. If you do not agree to the new terms, you have the option to stop using the Services and cancel your user account. In the event that you fail to do so, Green0meter reserves the right to terminate the Contractual Relationship, including cancellation of your User Account, within 60 days of your expression of disagreement.
Any disputes between you and us will preferably be resolved amicably through . If we both fail to resolve the dispute amicably, any such disputes arising out of or in connection with the Terms and/or use of the Service shall be finally resolved by the courts of the Czech Republic having local jurisdiction. If a court determines that we cannot enforce a portion of these Terms as set forth herein, we may replace these Terms with the most similar terms that are enforceable under applicable law. If any provision or portion of these Terms becomes invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms will not be affected.
Our failure to enforce or exercise any provision of the Terms or any of our rights under the Terms will not be deemed a waiver of future enforcement of that or any other provision of the Terms or right.
Our communication will be in Czech or English, mainly electronically, using your user account, email or other contacts available on our website. The written form is also deemed to be complied with by sending an electronic message with a simple electronic signature.
The rights and obligations set out in these Terms, which by their nature or by operation of law survive termination of the contractual relationship, shall survive termination of the Service. This includes, but is not limited to, provisions relating to privacy, confidentiality and dispute resolution.
The Terms may be translated into other languages available on our website. In the event of any inconsistencies between the language versions of the Terms, the Czech version shall prevail.

Valid from 1.1.2025

Version valid from 3.3.2024

These terms and conditions (the "Terms") set out the general terms and conditions between Greenometer s.r.o. ("Green0meter", registration number 07638990) and you if you choose to use Green0meter's products, websites and services (the "Services").

Please read these terms and conditions carefully. By agreeing to them, you confirm that you have read, understood and agreed to the Terms. If accepted, these Terms constitute a mutual obligation. If you are agreeing to the Terms on behalf of an entity (such as your employer or the company you work for), by accepting the Terms you represent that you have the legal authority to bind that entity. In this case, we consider that entity to be our client.