These terms and conditions (“Terms”) are applicable to all services provided by My Emissions Ltd, a company incorporated in England and Wales (registered no. 13183398), with registered address at 128 City Road, London, United Kingdom, EC1V 2NX (“My Emissions”, “us”, “we”, or “our”).
My Emissions and its Customers are jointly referred to as “Parties” or individually as “Party”.
1. Definitions
“Confidential Information“: All non-public, proprietary information disclosed between the parties, including business strategies, customer lists, and technical data.
“Customer Agreement” means the customer agreement to which these Terms apply.
“Platform“: The software application(s) and related services provided by My Emissions to the Customer, including all associated features, updates, and integrations.
“User“: Any individual authorized by the Customer to access and use the Platform under Customer’s account.
2. Agreement, Grant of License and Access
A Customer is agreeing to these terms by either (1) creating an account with My Emissions, (2) signing up to a subscription with My Emissions, or (3) signing a separate Customer Agreement.
Customers receive a non-exclusive, non-transferable, limited license to access and use the Platform during the Term.
Customers may assign access to different Users, who may be from their organisation or a third-party organisation. Customers are responsible for all User activities and adherence to this Agreement.
3. Fees and Payment
Price: Customers must pay the price agreed in your Subscription or Customer Agreement. and shall be valid for the full subscription period.
Price changes: My Emissions has the right to change the prices for the Services. In the event of price changes, we will notify you in advance, and new prices will take effect from the first day of the next Subscription Period which follows the date when the prices were changed.
Payment Terms: All invoices are due within 30 days of receipt unless otherwise specified.
Taxes: all prices exclude VAT or other applicable fees and taxes.
4. Platform Availability and Support
Uptime: My Emissions will use commercially reasonable efforts to ensure the Platform is available to Customers, excluding planned maintenance and force majeure events.
Maintenance and Updates: My Emissions will notify Customers of scheduled maintenance. Updates and new features may be added to the Platform periodically at our discretion.
Support: Customers may send any questions they have to their Account Manager or to hello@myemissions.co.
5. Client Responsibilities and Restrictions
Use of Platform: you shall not not use the Platform or other Services offered by My Emissions for unlawful purposes, violate third-party rights, or interfere with the Platform’s functionality.
Data Responsibility: Customers are wholly responsible for all data inputted into the Platform and compliance with any relevant data protection laws.
Restrictions: you agree not to reverse-engineer, decompile, or resell access to the Platform.
Environmental claims: Customers are wholly and entirely responsible for any environmental claims made based on data provided by My Emissions (in the Platform or otherwise). In particular, My Emissions is not responsible or liable for any deviations from assets in the Platform (e.g. carbon labels).
6. Confidentiality
Both parties agree to maintain the confidentiality of the other party’s Confidential Information and to use such information solely for the purposes of this Agreement.
Confidential Information does not include information that is publicly available, independently developed without reference to the disclosing party’s information, or disclosed by court order or law.
7. Data Privacy and Security
Data Security: My Emissions shall implement industry-standard security measures to protect Customer data.
Data Ownership: Customers retain ownership of all data entered into the Platform.
Data Processing: My Emissions will process Customer data solely as necessary to fulfil its obligations under this Agreement, in compliance with applicable data protection laws, e.g., GDPR.
My Emissions’ full privacy policy is available here: https://myemissions.co/privacy-policy/
8. Term and Termination
Term: The Term is defined in your Subscription or Customer Agreement, and usually runs for at least 12 months.
Automatic renewal: Unless notice is given 30 days before renewal, this agreement will automatically renew for another Subscription period, unless otherwise stated in your Customer Agreement.
Termination: Customers can cancel their subscription via the Platform or by giving written notice to their Account Manager. My Emissions will not issue any refunds to Subscriptions cancelled mid-term.
Termination for cause: My Emissions may terminate this Agreement if you materially breach any term in this agreement. We also reserve the right to cancel your Subscription if you fail to pay your fees.
Effect of Termination: Upon termination, Customers will no longer have access to their Account. My Emissions will permanently delete any personal information (except that which it is required to keep by law).
9. Intellectual Property
My Emissions IP: All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by My Emissions are property of My Emissions or third-party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without My Emissions` written consent and except as provided under this Agreement.
My Emissions retains all rights, title, and interest in and to the Platform and all intellectual property therein.
Customer IP: Customers retain all rights, title, and interest in its data uploaded to the Platform.
License to Use data: Customers receive a revocable licence to use our Platform and all data provided within it and our wider Services for the duration of this Agreement. Unless otherwise stated, this right and licence will end upon expiry or termination of this Agreement.
The Client shall not do or attempt to reverse compile, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services either for their own purposes or in order to build a product or service which competes with the Services.
10. Limitation of Liability
My Emissions’ total liability to you (regardless of whether arising directly or indirectly from this Agreement or as a consequence of the relationship between you and us, and regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall not exceed the subscription price paid by the customer. My Emissions shall not be liable for consequential, indirect, or special losses.
Notwithstanding the above, we do not purport to limit liability in connection to: death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other losses which cannot be excluded or limited by applicable law.
11. Warranties and Disclaimers
Warranty: My Emissions warrants that the Platform will perform substantially in accordance with the documentation. However, we do not guarantee uninterrupted or error-free service.
Disclaimer: Except as explicitly stated, the Platform is provided “as is,” and My Emissions disclaims all other warranties, express or implied, including merchantability and fitness for a particular purpose.
Similarly, whilst we work hard to ensure all values are as accurate as possible, we do not make any warranty as to the accuracy of our data and methodology.
12. Indemnification
My Emissions agrees to indemnify and defend Client against claims arising from third-party allegations that the Platform infringes on intellectual property rights, provided the Customer promptly notifies My Emissions in writing.
The Customer agrees to indemnify and defend My Emissions against claims arising from the Customer’s use of the Platform in violation of this Agreement or applicable laws.
13. Miscellaneous
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements.
Non-reliance: You acknowledge that you have not entered into this Agreement in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in this Agreement, or any documents entered into pursuant to it. You shall not have any claim for innocent or negligent misrepresentation on the basis of any statement in the Agreement.
Fraud: Nothing in these Terms purports to limit or exclude any liability for fraud.
Governing Law: This Agreement shall be governed by and interpreted in accordance with the law in England and Wales. Both parties irrevocably agree that any dispute shall only be settled in the courts of England and Wales.
Assignment: Neither party may assign this Agreement without the other’s prior written consent, except to a successor in a merger or acquisition.
Amendments: We reserve the right to change or modify these terms and conditions without prior notice or consent. You will be notified by email of any changes.
Severability: If any part of this Agreement is declared unenforceable, all remaining clauses will remain binding on the parties.
These terms were last updated on 29th October 2024