Here you find

  • previous Terms of Use and

  • Terms of Use for those having registered prior to April 25, 2020 and have not agreed to the new Terms of Use effective as of April 25,2020.


TERMS OF USE OF THE COMPENSATE SERVICE

Effective as of April 25, 2020

Welcome to the Compensate services. These terms of use apply to the use of Compensate Group’s website, carbon footprint tests and calculator, compensation service, mobile apps, and corresponding services. Hereinafter, we refer to the various services we provide as the “Compensate Services.”  These terms of use apply to the relationship between you and Compensate Group when you use Compensate Services.

1. Definitions

Compensate Group” refers to Compensate Foundation sr (business ID: 2914937-8, address: Korkeavuorenkatu 47, 00130 Helsinki, Finland), a Finnish entity, and its subsidiary, Compensate Operations Oy (business ID: 2993434-1, address: Korkeavuorenkatu 47, 00130 Helsinki, Finland).

Foundation” refers to Compensate Foundation sr (business ID: 2914937-8, address Korkeavuorenkatu 47, 00130 Helsinki, Finland).

Compensate” or “we” refers to the Foundation’s subsidiary, Compensate Operations Oy (business ID: 2993434-1, address: Korkeavuorenkatu 47, 00130 Helsinki, Finland).

Carbon Footprint Test” refers to the carbon footprint test that is included in the Compensate Services and that can be used to calculate the User’s carbon footprint and the Compensation fee payable by the User.

Monthly Fee” refers to the fee that the Foundation charges the Customer in compensation for carbon offsets that the Foundation purchases on the Customer’s behalf from the Foundation’s selected developers of carbon offset projects. The Monthly Fee is based on the Customer’s carbon footprint as calculated by the Carbon Footprint Test.

Compensation fee” refers to the fee that the Foundation charges the Customer in compensation for the carbon offsets that the Foundation purchases on the Customer’s behalf from the Foundation’s selected developers of carbon offset projects, including the Monthly Fee. The amount of the Compensation fee is based on the carbon footprint of a certain product, service, or the Customer’s lifestyle as calculated by Compensate. 

Compensation Service” refers to the service by which Compensate enables the User to pay the Compensation fee, including the Monthly Compensation Service.

Monthly Compensation Service” refers to the service by which Compensate enables the Customer to pay the Monthly Fee. The Monthly Compensation Service is based on a completed Carbon Footprint Test. 

Mobile Apps” refers to the mobile apps owned by Compensate.

Customer” refers to a registered User of the Compensate Services who has ordered the Monthly Compensation Service and has undertaken to pay the Monthly Fee. 

User Account” refers to a User Account created for the purpose of using the Compensate Services.

Terms of Use” or “Agreement” refer to these terms of use of Compensate Services.

User” or “you” refer to registered or unregistered users of the Compensate Services, including Customers.

Website” refers to the website owned by Compensate.

2. Compensate Group’s Internal Responsibilities

The Foundation’s purpose is to prevent climate change and mitigate the emissions that harm the climate. Compensate was established to implement the Foundation’s operations, and, in practice, it is responsible for all of the actions under this Agreement, with the exception of receiving the Compensation fees and purchasing carbon offsets. The Foundation is responsible for receiving Compensation fees and using them in full to purchase carbon offsets. 

3. Entire Agreement

The terms of use of the Compensate Services and other appropriate terms and conditions are described in the Terms of Use and in Compensate’s privacy statement, as well as in the other relevant practices or agreements appended to these Terms of Use (hereinafter referred to as the “Supplementary Terms”). The Terms of Use, the possible Supplementary Terms, and all documents expressly referred to in these Terms of Use constitute the entire agreement between you and Compensate Group, and this agreement shall supersede all possible prior agreements between you and Compensate Group, you and the Foundation, and you and Compensate in this regard, irrespective of the manner in which the earlier expressions of intent arose. Compensate reserves the right to publish Supplementary Terms related to certain Compensate Services or parts thereof. The applicable Supplementary Terms shall apply to the use of such services in addition to these Terms of Use. 

If you began using the Compensate Services before April 25, 2020 and you do not order a new Carbon Footprint Test, use the Mobile Apps, or renew your Monthly Compensation Service Order or any other corresponding service, the terms of use You have agreed upon previously shall take precedence over these Terms of Use. Please see the previous terms of use above. 

4. Acceptance of the Terms of Use

You must accept the Terms of Use, privacy statements, and any Supplementary Terms before you begin using the Compensate Services. IN ADDITION, YOU MUST ACCEPT THESE TERMS OF USE BEFORE RENEWING AN ORDER ON THE BASIS OF A NEW CARBON FOOTPRINT TEST. You may be required to register a User Account on the Compensate Services. In order to register a User Account or otherwise use the Compensate Services, you must be at least 13 years old. If you are between 13 and 17 years old, your legal guardian must read these terms of use and accept them on your behalf. If you use the Compensate Services via a social network or corresponding service (hereinafter referred to as a “social media service”), such as Facebook or Google+, you must comply with the social media service’s own terms and conditions in addition to these Terms of Use. Compensate Group shall not be liable for the use of such third-party services nor for their content, irrespective of whether the Compensate Services refer to them or make them available.

If you do not accept these terms of use, please do not use the Compensate Services. If you accept the Terms of Use, but you do not accept the terms of use or Supplementary Terms applying to a certain Compensate Service, do not use the Compensate Service in question.  You can accept the Terms of Use by clicking a selection box or button that indicates your acceptance of the Terms of Use, or by using the Compensate Services. 

BY INSTALLING, USING, OR OTHERWISE LOGGING IN TO THE COMPENSATE SERVICE, YOU ARE ACCEPTING THE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, WE ASK YOU TO REFRAIN FROM USING THE COMPENSATE SERVICE. YOU ARE NOT ENTITLED TO USE THE COMPENSATE SERVICES IF YOU DO NOT COMPLY WITH THESE TERMS OF USE.

5. Use of the Compensate Services

Some of the functionality provided by the Compensate Services, such as the Carbon Footprint Test or some of the functionality of the Mobile Apps, is available to all Users free of charge. The Monthly Compensation Service is available to the Customer when the Customer has placed a monthly order and paid the Monthly Fee for the Compensate Services after registration or paid a different Compensation fee after registering for the Compensate Services. Please note that you cannot use every aspect of the Compensate Services without a User Account. The Compensate Services are only intended for consumer use. The Compensation Service may also be offered for purchase as a gift, enabling the Customer to purchase and pay for the Compensation Service for another person. 

Unless otherwise provided in this Agreement, you shall be entitled to use the Compensate Services we offer in the form in which the Compensate Group’s entities offer them to you for the purposes stated in this Agreement. The Compensate Services are under constant development, so the Compensate Group’s entities may alter or remove various components of the Compensate Services, including functionality and features, in whole or in part. The entities belonging to the Compensate Group shall not be liable for retaining the materials or information that Users add to the Compensation Services. Please do not use the Compensate Services to store or back up any material or information.

6. License

6.1. Granting of a Limited License to Use the Compensate Services

Compensate grants you a non-exclusive, inalienable, non-sublicensable, revocable, and limited right to use the Compensate Services for your private, non-commercial purposes in accordance with the Terms of Use. You must not use the Compensate Services for any other purposes. 

6.2. Your User Account

When the User creates a User Account and orders the Compensation Service, the User must enter correct and up-to-date information as requested on the Compensate Services. We request that you update your information if it changes. Your User Account and password are personal. Do not reveal your password to third parties or allow third parties to use your User Account. If you discover or have reason to believe that the security of your User Account has been jeopardized (for example, the theft or loss of your login details), you must notify Compensate immediately and alter your login details. 

The User shall be liable for all use of the Compensate Services with the User’s User Account, including purchases, irrespective of whether the User has authorized such use. 

We shall be entitled to delete your User Account or take control of individual User Accounts on the Compensate Services at any time if we deem a User to have breached this Agreement, added misleading, incorrect, inappropriate, unauthorized, or illegal content to the Compensate Services, or caused damage to us or other Users of the Compensate Services, including if a third party claims that a User Account violates its rights. 

6.3. Limitations Applying to the Use of the Compensate Services

The User may only use the Compensate Services in accordance with the terms of this Agreement for the purposes stated in this Agreement.

Unless otherwise stated in this Agreement, the User must not:

a) Create User Accounts or use the Compensate Services if the User is less than 13 years old. The User must not allow children less than 13 years old to access the Compensate Services. The User accepts full liability for the unauthorized use of the Compensate Services by minors, and the User shall be liable for all action taken by minors using credit cards or other means of payment in relation to the Compensate Services.

b) Bypass or attempt to bypass any of the features of the Compensate Services related to controlling usage or preventing copying.

c) Study, scan, or test any vulnerabilities in the Compensate Services.

d) Use any data mining, robots, or other corresponding data collection or data analysis methods.

e) Use bots or other automated methods to use the Compensate Services.

f) Use, copy, sell, rent, transfer, license, or otherwise offer the Compensate Services to third parties.

g) Interfere in other Users’ use of the Compensate Services.

h) Reverse engineer, decompile, open, or otherwise attempt to source code of the Compensate Services or ancillary technology in whole or in part.

i) Create User Accounts for the Compensate Services using false identities or another person’s identity.

j) Use the Compensate Services via any user interfaces other than those provided by Compensate, such as the Website or Mobile Apps.

k) Use the Compensate Services in violation of applicable legislation.

l) Use the Compensate Services in a way that violates the intellectual property rights, business secrets, or privacy of third parties.

m) Use the Compensate Services for unauthorized, inappropriate, or unethical purposes or activities.

n) Use the Compensate Services for transferring material that includes adware, malware, or spyware, software viruses, or any other computer code designed to disrupt, destroy, or restrict the functioning of computer software or hardware.

o) Modify or cause modifications to files that are part of the Compensate Service or Compensate Services without Compensate’s written consent.

p) Take action that Compensate considers contradictory to the spirit or purpose of the Compensate Services or abuse Compensate’s support services.

q) Attempt to purchase or sell the User Account or provide or rent it to another party, create User Accounts on behalf of anyone other than the User himself/herself, or use untrue personal details, or use the Compensate Services if the User Account has previously been deleted by Compensate or if the User has previously been blocked from using a Compensate Service.

r) Use the Compensate Services to advertise or convey any commercial advertisements to anybody, including chain letters, advertisements, or spam, or repeated or misleading messages.

Compensate reserves the right to specify which activities it considers to be violations of this Agreement or otherwise contradictory to the spirit of the Compensate Services. Compensate reserves the right to take measures, if necessary, that may result in the deletion of your User Account and blocking of the Compensate Services. 

6.4. Closure and Termination of a User Account and the Compensate Services

Without prejudice to our other legal remedies, we may restrict, close, or remove the Compensate Services, User Accounts, or parts thereof temporarily or permanently, deny access to the Mobile Apps and our Website and the services, tools, and other content they contain, delete content we maintain, or take technical or legal action to prevent Users from using the service if we believe that the Users cause risks or potential legal liabilities, violate the intangible rights of third parties, or behave in a way that is inconsistent with the content and spirit of the Terms of Use. In addition, we may close or terminate User Accounts for a fixed period if they repeatedly violate other parties’ intellectual property rights.

COMPENSATE RESERVES THE RIGHT TO TERMINATE ALL USER ACCOUNTS THAT HAVE NOT BEEN USED FOR AT LEAST 180 DAYS

Compensate and the Foundation reserve the right to discontinue the provision and/or support for the Compensate Services or a certain Compensate Service or a certain part of the Compensate Services at any time, whereupon your entitlement to use the Compensate Service(s) or part thereof shall end with immediate effect. In such circumstances, neither Compensate nor the Foundation shall be obliged to pay reimbursements, compensation, or other fees to the terminated Users. As a consequence of the termination of your User Account, you may not be able to access the Compensate Service or part thereof, including all of the content that you or any other party has produced.

You can close your User Account on the Compensate Services at any time by sending an email to info@compensate.com stating your name and email address along with your desire to terminate your order if it is not possible to close your User Account directly. 

7. Proprietary Rights

7.1. Compensate Services

All rights related to the Compensate Services, such as copyright and proprietary rights, belong to Compensate, its subcontractors, and its potential licensors, including all Mobile Apps, titles, machine-language and source code, themes, characters, character names, stories, dialog, slogans, concepts, illustrations, animation, audio, compositions, audiovisual effects, operating methods, moral rights, documentation, recordings of the internal discussions on Mobile Apps, recordings made of the use of the Mobile Apps, and the Mobile Apps’ software and server software. 

Unless otherwise specified, this Agreement does not grant the User any intellectual property rights to the Compensate Services. Compensate, its subcontractors, and potential licensors reserve all rights that are not expressly granted in this Agreement.

7.2. User Accounts

YOU UNDERSTAND AND ACCEPT THAT THE PROPRIETARY RIGHT TO YOUR USER ACCOUNT AND OTHER INTELLECTUAL PROPERTY RIGHTS RELATED TO THE USER ACCOUNT SHALL NOT BELONG TO YOU UNDER ANY CIRCUMSTANCES AND THAT ALL RIGHTS BELONGING TO AND RELATED TO THE USER ACCOUNT SHALL BELONG EXCLUSIVELY TO COMPENSATE.  

7.3. Virtual Objects

You understand and accept that you shall not have proprietary rights or other rights to any of the content appearing in the Compensate Services, including virtual products or virtual money earned in the Compensate Services or purchased from Compensate, or any other features connected with the User Account or stored in the Compensate Services.

8. User Content

8.1. Sending User Content

User Content” refers to all communication, images, audio, and other material that you upload or send via the Compensate Services or that other Users upload or send without limitation, including chat texts. By uploading or transferring any type of User Content when you use the Compensate Services, you certify that the upload or transmission of the User Content is: 

  • Free from errors, misleading information, and confidential information

  • Lawful and consistent with the Terms of Use, and does not violate third-party rights, and that you have received permission to send or upload the information from the party whose personal data or intellectual property rights are concerned by the material, and

  • Safe in the sense that it does not contain viruses, adware, spyware, worms, or other malicious code. 

In addition, you understand and accept that all personal data connected with content of this type will be processed as described in Compensate’s privacy statement. Compensate reserves the right to inspect, monitor, prohibit, modify, or delete User Content, or otherwise prevent Users from accessing any User Content (without limitation, including self-produced User Content) at any time, without notice, for any reason, or without stating a reason, if it so desires.

8.2. Liability for User Content and Privacy of Content

Compensate shall not be liable for the User Content provided by Users, nor for monitoring any inappropriate content or behavior occurring in the Compensate Services. We do not pre-approve User Content, nor are we able to monitor all User Content. You use the Compensate Services at your own risk. By using the Compensate Services, you may be exposed to User Content that is offensive, indecent, or otherwise contrary to your expectations. You bear the risk regarding the use of User Content related to the Compensate Services. 

If you have a dispute with one or more Users, you release us (and our executives, managers, representatives, parent company, subsidiaries, associated companies, and employees) from all liability for claims, demands, and damages of all types resulting from or otherwise connected to such disputes. Compensate shall be entitled but not obliged to participate in disputes concerning interaction in any way. 

You must cooperate with Compensate to investigate any suspected illegal, fraudulent, or inappropriate activity, including by allowing Compensate to access any part of your User Account protected by a password. 

We or the service providers we use may monitor and/or record your interactions on the Compensate Services if desired. This also applies to chat texts. By accepting the Terms of Use, you are granting your approval for monitoring and storage of this type. You understand and accept that you have no expectations related to privacy protection as regards any type of transfer or transmission of User Content (including chat texts and voice connections). 

Compensate reserves the right to inspect, monitor, prohibit, modify, delete, block, or otherwise prevent the availability of User Content at its own discretion, without prior notice, and for any reason. We shall be entitled but not obliged to modify, delete, or refuse to publish User Content.

8.3. Your License with Compensate

By accepting the Terms of Use, you grant Compensate an irrevocable, royalty-free, and global license to use, modify, and publicly present your User Content in conjunction with the provision of the Compensate in the manner it deems fit, either itself or by others, including for the purpose of marketing and promoting the Compensate Services. You also grant an irrevocable right to use and exploit your name, likeness, and all other information or material concerning all of the User Content without any express obligations to you. Unless otherwise stipulated in compelling legislation, you surrender all moral rights and rights to be acknowledged as the creator of your User Content, irrespective of whether the User Content you created is modified or altered in any way. Compensate shall not present demands concerning the proprietary right of your User Content, and none of the Terms of Use appearing herein are intended to limit your own rights to use and exploit your User Content. Compensate shall not be obliged to control or enforce the intellectual property rights related to your User Content.

9. Fees and Terms of Purchase

9.1. Compensation fees
9.1.1. Bases for the Fees

The amount of the Compensation fee is based on the carbon footprint of a certain product, service, or the Customer’s lifestyle as calculated by Compensate and the applicable price per tonne of carbon dioxide as specified by Compensate. The Monthly Fee is specified on the basis of the Customer’s Carbon Footprint Test and the applicable price per tonne of carbon dioxide as specified by Compensate. 

AS OF APRIL 25, 2020, THE PRICE PER TONNE OF CARBON DIOXIDE IS EUR (€) 28.00. COMPENSATE GROUP RESERVES THE RIGHT TO CHANGE THE PRICE PER TONNE OF CARBON DIOXIDE AND THE COMPENSATION FEE. THE GROUNDS FOR CHANGES ARE SPECIFIED IN SECTION 13 OF THESE TERMS OF USE (CHANGES TO THE TERMS OF USE AND COMPENSATION FEES). 

The Compensation fees do not include value-added tax, but Compensate Group reserves the right to add value-added tax to the Compensation fee in accordance with the guidelines of the authorities if the authorities so require. The User shall be liable for paying the value-added tax as shown in the Compensate Services.

9.1.2. Ordering the Monthly Compensation Service

A Carbon Footprint Test must be taken for the first time before ordering the Monthly Compensation Service. You can update the Monthly Fee at any time by first canceling the Carbon Footprint Test that is valid at the time, and the taking a new Carbon Footprint Test. Your invoicing period is one (1) month from the date when you order the Carbon Footprint Test for the first time, unless the invoicing date differs from the foregoing for reasons such as a rejected payment using your selected means of payment, or if you take the Carbon Footprint Test on a calendar day that does not occur every month. The Foundation shall begin to charge the Customer the updated Monthly Fee as of the date when the Carbon Footprint Test is re-taken. By ordering the Monthly Compensation Service in the Compensate Service, you are expressly requesting the initiation of the service immediately after the order.

9.1.3. Terms of Payment of Compensation fees

Compensation fees shall be paid using a valid credit card, and the credit card details must be provided when ordering the Compensation Service. Any supplementary fees collected by the credit card issuer, such as credit card fees, may be added to the Compensation fee payable. If it is not possible to charge a fee for reasons such as the expiration of the registered credit card or insufficient funds and if the User does not provide Compensate with valid credit card details, the Foundation shall be entitled to postpone the User’s order until the User has provided valid credit card details. With the exception of the Monthly Fee, the Compensation fee shall be charged to the User’s credit card immediately after the Order. The payment date for the Monthly Fee is the start date of the order period every one (1) month until the order is canceled as specified below. In some cases, the payment date may vary, for example, if the Compensation fee could not be charged due to insufficient funds.  

Compensation fees are charged to the User’s credit card. The penalty interest rate for late payment shall be determined in accordance with the Finnish Interest Act. The User shall be liable for all reasonable expenses that Compensate Group incurs in collecting overdue fees.

9.1.4. Right of Cancelation

The User shall be entitled to cancel the Compensation Service within 14 days of placing the order or updating the Carbon Footprint Test unless the Foundation has provided the Compensation Service in full before the moment of cancelation; in this case, there is no right of cancelation.

If you are entitled to cancel the Compensation Service in accordance with the foregoing, you can cancel the Compensation Service by sending us an email at info@compensate.com stating your name, email address, and desire to cancel the Compensation Service, or by using your User Account, if your Compensate Service allows this.

When you cancel the use of the Compensation Service, we will refund the Compensation fee you have paid into your stated bank account after deducting the price of the Compensation Service that has already been provided. Any refunds shall be settled within 14 days of receipt of a notice of cancelation by email or via your User Account. Any supplementary fees collected by the credit card issuer, such as credit card fees, may be added to the Compensation fee payable.

9.1.5. Purchasing Carbon offsets

The Foundation undertakes to purchase carbon offsets from its selected provider(s) of carbon offset projects. The Foundation undertakes to use the entire Compensation fee for purchasing carbon offsets.

Compensate publishes on its Website the carbon offset certificates for the carbon offsets it purchases on behalf of Users.

9.2. Other Purchases
9.2.1. Virtual Objects and Goods

Certain sections of the Compensate Services, such as the Mobile Apps, may allow you to spend real money on purchasing a limited, personal, and revocable right to use:  

  • Virtual currency, such as virtual money, for use in the Mobile Apps;

  • Virtual objects within the Mobile Apps (referred to as “Virtual Objects” in combination with “virtual currency”); and

  • Other goods and services (“Goods”). You can only acquire Virtual Objects from us or our official partners via the Mobile Apps if they are on offer in the Mobile Apps. You cannot acquire Virtual Objects in any other way.

Compensate may manage, regulate, control, alter, or remove Virtual Objects and/or Goods at any time, with or without notice. Compensate shall not be liable to you or to third parties if Compensate decides to exercise its rights.

The transfer of Virtual Objects and Goods is prohibited unless expressly permitted in a Compensate Service. Unless expressly permitted in the relevant Compensate Service, you must not sell, purchase, redeem, or otherwise transfer Virtual Objects or Goods to other persons or parties or attempt any of the foregoing, including to Compensate, another user, or a third party.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL PRODUCTS ON THE COMPENSATE SERVICE ARE FINAL AND NON-REFUNDABLE, AND THEY CANNOT BE RETURNED OR CANCELED.

The ability to use Virtual Objects on the Compensate Services is a service offered by Compensate, beginning as soon as Compensate has approved your purchase.

9.3. Payment

You undertake to pay for all of your purchases (including the applicable taxes) and all other purchases made via your User Account. Compensate reserves the right to review and adjust the pricing of products and services offered via the Compensate Service at any time. 

YOU UNDERSTAND THAT COMPENSATE DOES NOT NEED TO COMPENSATE YOU FOR PURCHASES FOR ANY REASON AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER RECOMPENSE FOR UNUSED VIRTUAL OBJECTS IF YOUR USER ACCOUNT IS CLOSED.

10. Updates to the Compensate Services

The nature of the Compensate Services is that they are evolving and developing. Compensate may require you to approve updates to the Compensate Services and Mobile Apps installed on your device or computer. You understand that Compensate may update the Compensate Services with or without advance notice. You may occasionally be required to update software released by third parties in order to use the Compensate Services. 

11. Limitation of Liability

We endeavor to maintain the functionality of the Compensate Services, but please be aware that we may temporarily or permanently suspend the Compensate Services at any time. We offer the Compensate Services to User as they are described on our Website or other user interfaces, and we do not grant any guarantee that the Compensate Services are suitable for the User’s purposes or that the Compensate Services are error-free and available uninterrupted. 

The User understands that various risks are associated with climate compensation. Compensate Group selects the entities providing carbon offsets with care, but it is not responsible for the effectiveness of the Compensation Service. Compensate is solely responsible for ensuring that the Compensation fees it receives are used to purchase carbon offsets.

Compensate shall not be liable to you for any indirect, consequential, or other corresponding damages, including loss of revenues or profits, lost information, or business disruption, or corresponding intangible losses that are in any way due or related to these Terms of Use or the Compensate Services. In any case, the total joint liability of Compensate and the Foundation shall be limited to the sum you have paid to Compensate in accordance with the Terms of Use over the six months preceding the date when your original claim was made. If you have not paid anything to Compensate during this period, your sole legal remedy is to discontinue the use of the Compensate Services and terminate your User Account.

Some legal systems do not permit the exclusion of certain additional guarantees or liabilities in regard to certain types of damage. None of the provisions of these Terms of Use shall limit your statutory rights as a consumer. 

You undertake to protect and defend Compensate and the Foundation (including our executives, managers, brokers, joint projects, and employees) from all claims, demands, claims for damages, and losses, including reasonable legal fees, claimed by a third party due to your use of the Compensate Services or for your breach of the Terms of Use. However, the foregoing shall not apply if the violation of rights is unconnected to your willful action or negligence.

12. Term and Termination

The Terms of Use shall be valid for as long as the User continues to use the Compensate Services, unless Compensate alters them. 

The Customer may terminate the Monthly Compensation Service order at any time. Following termination, the Monthly Compensation Service shall be in use until the end of the invoicing period that has been paid. 

In addition, you can close your User Account at any time. If you are a Customer, closing your User Account will also terminate the Monthly Compensation Service with effect at the end of the invoicing period in progress. 

You can terminate the use of the Monthly Compensation Service and/or close your User Account directly if the Compensate Service in question allows this. If you cannot terminate the service or close your account using your User Account on the relevant Compensate Service, you can terminate your Monthly Compensation Service and/or close your User Account by sending an email to info@compensate.com, stating your name, email address, and desire to terminate the Monthly Compensation Service and/or close your User Account. 

PLEASE NOTE THAT IF YOU CLOSE YOUR USER ACCOUNT IN ONE COMPENSATE SERVICE, IT MAY LEAD TO YOUR USER ACCOUNT BEING CLOSED IN OTHER COMPENSATE SERVICES.

When you close your User Account, you will lose access to your User Account immediately.

All terms and conditions of this Agreement that are intended to survive the termination or expiry of the Agreement shall remain in force.

Compensate may terminate this Agreement or part thereof with immediate effect by issuing written notice at any time.

13. Changes to the Terms of Use and Compensation fees

We shall be entitled to alter these Terms of Use, the basis for calculating the Compensation fee, and, therefore, the amount of the Compensation fee if this is necessary due to a material change in circumstances, changes in the operating, purchase, or other costs of the Compensate Services, or other valid reasons. 

IN ADDITION, COMPENSATE RESERVES THE RIGHT TO ALTER THE PRICE PER TONNE OF CARBON DIOXIDE IF THE PRICE OF CARBON OFFSETS RAISES TO THE EXTENT THAT A TRIPLE COMPENSATION AS THE MINIMUM REQUIREMENT IS NO LONGER POSSIBLE TO ACHIEVE, OR IF THE SCIENTIFIC ADVISORY PANEL THE FOUNDATION USES FINDS THE PRICE INSUFFICIENT. THE PRICE CHANGES SHALL BE BASED ON SELECTED CARBON OFFSET PROJECTS, A SUFFICIENT COMPENSATION MULTIPLIER AND AN OVERALL ASSESSMENT OF THE IMPACT OF COMPENSATION. PRICE CHANGES SHALL ALSO AFFECT THE COMPENSATION FEE YOU PAY. 

The altered Terms of Use, basis for calculating the Compensation fee, and price per tonne of carbon dioxide will be published on our Website, and Users will be notified by email at the email addresses they have provided to us.

THE ALTERED TERMS OF USE AND/OR COMPENSATION FEE WILL TAKE EFFECT 30 DAYS AFTER THE CHANGES ARE PUBLISHED AS DESCRIBED ABOVE. IF YOU DO NOT ACCEPT THE CHANGE, YOU SHALL BE ENTITLED TO TERMINATE YOUR ORDER WITH EFFECT BEFORE THE PAYMENT OF THE NEXT COMPENSATION FEE. BY CONTINUING TO USE THE COMPENSATE SERVICES AFTER THE PUBLICATION OF THE CHANGE, YOU ACCEPT THE NEW TERMS OF USE AND/OR NEW COMPENSATION FEE. IF THE CHANGES ARE MATERIAL IN NATURE, THE NEW TERMS OF USE AND COMPENSATION FEES WILL ONLY TAKE EFFECT IF YOU ACTIVELY ACCEPT THEM. 

IN CERTAIN CASES, COMPENSATE AND THE FOUNDATION SHALL BE ENTITLED TO IMMEDIATELY CHANGE THE TERMS OF USE AND COMPENSATION FEE IF THE CHANGE IS DUE TO A CHANGE IN EXCHANGE RATES, TAXES, PUBLIC LEVIES, DECISIONS BY THE AUTHORITIES, OR LEGISLATIVE OR REGULATORY AMENDMENTS THAT REQUIRE COMPENSATE OR THE FOUNDATION TO ALTER ITS PRICES OR TERMS OR THAT GIVE RISE TO CLEAR CHANGES IN COMPENSATE’S COSTS. IF YOU DO NOT ACCEPT THE RELEVANT CHANGE IN THE PRICE OR TERMS, YOU SHALL HAVE THE OPTION OF TERMINATING THESE GENERAL TERMS AND CONDITIONS WHEN THE NEW TERMS OF USE OR PRICE TAKE EFFECT BY NOTIFYING COMPENSATE OF THE MATTER.

You do not need to be notified of changes that are clearly beneficial to you as a User, and such changes may take effect immediately, without entitling you to terminate these general Terms of Use with immediate effect.

14. Assignment of the Agreement

You shall not be entitled to assign the rights or obligations deriving from these Terms of Use. Compensate and the Foundation shall be entitled to assign all of the rights and obligations deriving from these Terms of Use (including intellectual property rights and licenses) to our Group companies or any other party as part of the transfer or sale of our business or other corporate transaction.

15. Applicable Law and Dispute Resolution

We recommend that any disputes arising from the use of the Compensate Services and from these Terms of Use are resolved primarily by negotiation between you and Compensate. Please contact our customer service team first at legal@compensate.com.  Finnish law shall apply to the Terms of Use, and the Terms of Use shall be interpreted according to Finnish law, notwithstanding the connecting factor provisions. 

If you and Compensate are unable to reach a negotiated settlement to a dispute concerning the Terms of Use, efforts shall be made to reach an amicable settlement to the dispute between the User and Compensate via a mediation procedure. If no settlement can be reached, the dispute shall be settled by Helsinki District Court in the first instance. Consumers living in the European Union can also use the European Commission’s online dispute resolution service (at http://ec.europa.eu/odr). Finnish consumers can turn to the lower court in their place of residence or the Consumer Disputes Board (for instructions, see kuluttajariita.fi and kuluttajaneuvonta.fi).

The Terms of Use shall not limit any consumer protection rights applying to you under applicable and compelling legislation in your country of residence. If any provision of these general Terms of Use is considered invalid or unenforceable, it shall not affect the possibility of applying the other provisions of the Terms of Use.

Please send all notifications, questions, or demands related to the Compensate Services to us: 

Legal Team

Compensate Operations Oy

legal@compensate.com


COMPENSATE – TERMS OF USE

This terms of use only applies to you if you have registered prior to April 25, 2020 and have not agreed to the new Terms of Use.

Welcome to the Compensate Services. The Compensate Services are an online carbon footprint test and carbon offset services provided by Compensate Foundation for calculating and compensating your carbon footprint. The Compensate Services are only intended for consumer use.

By using the Compensate Services or by accepting this Agreement as part of the registration procedure to the Compensate Services, you enter into this Agreement with Compensate Foundation (Kompensäätiö sr, a Finnish foundation with organization ID 2914937-8 and registered office at Korkeavuorenkatu 47, 00130 Helsinki (“Compensate” or “we”). 

Definitions

Carbon Footprint Test” means the carbon footprint test forming a part of the Compensate Services by which the User’s carbon footprint and the Compensation payable by the Subscriber can be calculated. 

Compensate Services” means the services provided on the Website including but not limited to the Carbon Footprint Test as well as the carbon offset services provided by Compensate and available for the Subscribers.

Compensation” means the monthly compensation charged by Compensate from the Subscriber for the emission reduction units Compensate purchases on behalf of the Subscriber from an emission reduction project developer chosen by Compensate. The amount of Compensation is based on the Subscriber’s carbon footprint calculated by taking the Carbon Footprint Test.

Subscriber” means the registered User of the Compensate Services who has subscribed to the carbon offset services and committed to the Compensation.

Terms” or “Agreement” means these Terms of Use.

User” or “you” means both the unregistered and registered users of the Compensate Services, including the Subscribers.

Website” means our website available at compensate.com through which the Compensate Services are provided.

Use of the Compensate Services

Some functionalities and features of the Compensate Services, such as the Carbon Footprint Test, are available to all Users free of charge and without need for registration. However, the carbon offset services become available to the Subscriber through purchase of the monthly subscription and payment of the Compensation once the Subscriber has registered to the Compensate Services.

Subject to compliance with the terms agreed in this Agreement, you have a limited, non-exclusive, non-transferable, and non-sublicensable right to use the Compensate Services in the form offered to you by us from time to time for the purposes set out herein. 

We are continuously developing the Compensate Services and we may change or remove different parts of the Compensate Services, including its functionalities and features, in part or in whole. 

We are not responsible for retaining any materials or information that has been uploaded by the users to the Compensate Services. Do not use the Compensate Services for storing or backing up any materials or information.

Purchase of emission reduction units

Compensate undertakes to purchase emission reduction units from an emission reduction project developer chosen by Compensate. Compensate undertakes to use the entire Compensation for purchase of emission reduction units. 

Compensate publishes on the Website the emission reduction certificates relating to the emission reduction units purchased by it on behalf of the Subscribers.

User accounts

When creating a user account and subscribing to the carbon offset services, the User must submit accurate and current details, as requested on the Compensate Services. Please remember to update your details in case of any changes. 

Your user account and password are personal. Do not disclose your password to third parties and do not let third parties use your user account. Please note that you are responsible for all use of the Compensate Services under your user account.

We have the right to terminate your user account to the Compensate Services at any time, for example in case we deem that you have breached this Agreement, added misleading, inaccurate, inappropriate, unauthorized or illegal content to the Compensate Services or caused harm to us or the other Users of the Compensate Services.

Subscription and payment of the Compensation

The Compensation is determined based on the results of the Subscriber’s Carbon Footprint Test. The Carbon Footprint Test shall be taken for the first time prior to the subscription to the carbon offset services. The Compensation can be updated at any time by retaking the Carbon Footprint Test. The updated Compensation will be charged by Compensate as of the month following the month in which the Carbon Footprint Test was retaken.  

Subscriber acknowledges that, in connection with ordering the subscribtion to the carbon offset services, the Subscriber specifically requests the immediate commencement of the provision of the carbon offset services after the order. Subscriber shall have a 14-days cancellation right from ordering the subscription unless Compensate has fully performed the carbon offset services by the time of the cancellation, in which case the Subscriber shall not have the right of withdrawal.

In case you have the right to cancel your subscription to the carbon offset services in accordance with the above,  you can send a cancellation notice with your cancellation request, your name and email to info@compensate.com and receive a full refund of the Compensation paid to us, deducted with the price of the already provided carbon offset services. A possible refund is paid to you within 14 days of receipt of the cancellation notice. We will inform you of the receipt of the cancellation notice. We will refund amounts using the method you used for payment.

Payment of the Compensation shall be conducted with a valid credit card by submitting the relevant credit card information in connection with the subscription to the carbon offset services.  Additional fees collected by the credit card provider, such as credit card fees, may be added to the payable Compensation. If a payment cannot be charged successfully, due to e.g. expiration of the registered credit card or insufficient funds and the Subscriber does not provide Compensate with valid credit card information, Compensate has the right to suspend the Subscriber’s subscription until valid credit card information has been provided by the Subscriber.

The applicable Compensation will be charged from the Subscriber’s credit card. The date of the charging shall be the date of the commencement of each one-month subscription period until the subscription is terminated as described below. In some cases, the payment day may change, for example if it has not been possible to charge the Compensation due to insufficient funds.

Interest on overdue payments shall accrue according to the Finnish Interest Act. The Subscriber shall be responsible for the reasonable costs incurred by Compensate when collecting overdue fees.

Restrictions of use of the Compensate Services

You may use the Compensate Services only and strictly in accordance with the terms of this Agreement and only for the purposes set out herein.

Unless otherwise permitted in this Agreement, you may not:

a) circumvent or attempt to circumvent any usage control or anti-copy features of the Compensate Services;

b) probe, scan or test the vulnerability of the Compensate Services; 

c) use any data mining, robots, scraping, or similar data gathering or extraction methods;

d) use bots or other automated methods to use the Compensate Services;

e) use, copy, sell, rent, transfer, license or otherwise provide anybody with the Compensate Services; 

f) interfere with other Users’ use and enjoyment of the Compensate Services;

g) reverse engineer, decompile disassemble, decipher or otherwise attempt to derive the source code of the Compensate Services or any related technology, or any part thereof;

h) create an account in the Compensate Services using a fake identity or an identity of another person;

i) access the Compensate Services except through the interfaces expressly provided by Compensate, such as the Website;

j) use the Compensate Services in violation of applicable law;

k) use the Compensate Services in ways that violate intellectual property rights, trade secrets or privacy of third parties;

l) use the Compensate Services for unauthorized, inappropriate or unethical purposes or activities; or

m) use the Compensate Services to transmit any material that contains adware, malware, spyware, software viruses, worms or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or equipment.

Third-party services

Certain functionalities and content on the Compensate Services may be provided by third parties.

This Agreement covers exclusively the Compensate Services and the use thereof and any and all linked third-party services and content are provided by the relevant third parties and covered by their terms of service or other agreements or licenses. Compensate does not assume any liability in regard to use of such third-party services and content, whether or not they are referenced by or available on the Compensate Services.

Intellectual Property Rights

All intellectual property rights in or related to the Compensate Services and the data generated by the Compensate Services or the Users’ use of the Compensate Services and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Compensate.

Except as expressly stated herein, this Agreement does not grant the User any intellectual property rights in the Compensate Services and all rights not expressly granted hereunder are reserved by Compensate and its subcontractors or licensors, as the case may be.

Limitation of liability

We try to keep the Compensate Services up and running but please note that the Compensate Services may at any time be temporarily interrupted or permanently discontinued. Except as specifically provided under this Agreement, the Compensate Services are provided as described on our Website and with the functionalities available at each time without warranty of any kind, either express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. 

This section does not limit Compensate’s statutory liability for defects or delays in the Compensation Services to the Users or their statutory remedies under any applicable mandatory consumer protection laws.

Term and termination

This Agreement is in force and binding as long as the User is using the Compensate Services.

The Subscriber’s subscription to the carbon offset services shall stay in force for one (1) month at a time after which it will automatically renew for another subscription period of one (1) month unless terminated by the Subscriber at any time prior to the commencement date of the following subscription period, whereupon the subscription terminates at the end of the ongoing subscription period. 

Compensate may, by notifying you in writing thereof, terminate this Agreement or a part thereof at any time with immediate effect or, in case of Subscribers, terminate this Agreement or a part thereof to terminate at the end of the ongoing subscription period. You can terminate your user account to the Compensate Services at any time.

After the termination of your user account or this Agreement, you shall lose your access right to your user account at the end of the subscription period during which the user account or Agreement was terminated, or in case you are not a Subscriber, immediately upon the termination of the user account or the Agreement.

All provisions of this Agreement that are intended to survive the termination or expiry of this Agreement shall do so.

Amendments to the Terms and Compensation

We have the right to amend this Agreement and the calculation formula of the Compensation by publishing the amended Agreement on the Website and by notifying our registered Users of the amendments to the Agreement and Compensation by sending them an e-mail to the address they have submitted to us.

The amended Agreement and/or Compensation will become effective within 30 days after they have been published as stated above. 

By continuing to use the Compensate Services after the amendments have been published, you accept the new terms of this Agreement and/or the Compensation.

Assignment

You cannot transfer or assign this Agreement. We may, however, transfer and assign this Agreement and our rights hereunder (including intellectual property rights and licenses) to our affiliates or as part of a sale or transfer of our business or other corporate acquisition.

Applicable law and dispute resolution

This Agreement shall be governed by and construed in accordance with the laws of Finland, notwithstanding its choice of law provisions. 

Any dispute arising from or relating to this Agreement shall be subject to amicable negotiations between the User and Compensate. If no amicable settlement is reached, the dispute shall be settled by the District Court of Helsinki as the first instance. As a consumer residing in the European Union you may also refer a dispute to online dispute resolution provided by the European Commission (please see http://ec.europa.eu./odr). Finnish consumers may initiate proceedings in the court of their domicile or refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi and kuluttajaneuvonta.fi).

Any notices, complaints, questions or claims with respect to the Compensate Services should be directed to: 

legal@compensate.com