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TERMS AND CONDITIONS

Last updated on August 2024

1. General

1.1 Information about Klimato

These terms and conditions ("Terms") are applicable to all services provided by Klimato AB, registration number: 559139-1759 ("Klimato", “us”, “we” or “our”) to its customers and users (“Customer”, “Customers”, “you”). Klimato and its Customers are jointly referred to as “Parties” or individually as “Party”.

1.2 Contact information

Customers may contact Klimato by sending an email to support@klimato.com ("Contact Information").

1.3 Definitions

"Account" means the account that Customers register and create on the Site. 

“Customer Agreement” means the customer agreement to which these Terms apply.

"Functions" means the Site, your Account and the Services, jointly. 

"Services" means the services described under section 2.1 and any other services provided by Klimato to its Customer specified in the Customer Agreement.

"Site" means our website (https://app.klimato.se) relating to the Services.

1.4 Agreeing to the Terms

A Customer is agreeing to these Terms by either (1) signing a Customer Agreement with Klimato or (2) creating an Account on the Site.

2. The Services

2.1 Description of the Services 

Klimato provides services which enable food companies to calculate, label and report climate impact from food. More information about the Services can be found on the Site. To be able to use the Services, adequate internet access is required. The results provided on our Site are based on average climate impact data and do not always represent the exact climate impact of a specific food brand or recipe.

2.2 Setting up an Account 

You confirm that all information provided to Klimato in the creation of your Account is correct and agree to ensure that the information is accurate at all times. Klimato is entitled to decline or adjust an order from a Customer or shut down an Account in the event of the Customer providing untrue, inaccurate, not current, or incomplete information when creating an Account, or if the Customer does not fulfil any of the obligations stated in the Customer Agreement. 

Once an Account has been successfully created, the Services will be available and ready to use. The specific Services available to you are specified in your Customer Agreement.  

Credentials for an Account must be kept secure at all times. You are not allowed to transfer or share the Account with another person, within your organisation, or to share data relating to an Account with any third party. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using Klimato’s Contact Information.

3. Your Obligations

3.1 Eligible customers

Klimato offers the Services to companies and other legal entities. You warrant that you are authorised to enter into these Terms on the behalf of the legal entity as well as to use the Functions. 

These Terms, the Customer Agreement and any associated appendices constitute the entire agreement between the Parties in relation to the Services. You warrant that the persons (for example employees and company representatives) you authorise to create an Account and use the Services have read and understood these Terms. 

3.2 Use of the Functions 

When using the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site other than through interfaces provided by us and as otherwise expressly authorised under these Terms or your Customer Agreement. You may not use the Functions in a manner contrary to Klimato’s, or any third party of Klimato’s, rights and interests.

You are responsible for all activities that occur under your Account. 

You agree not to: 

      • defame, abuse, harass, threaten or otherwise violate the legal rights of any third party or Klimato; 
      • publish, post or - in any other way express - any material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful; 
      • contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm Klimato and/or the Site in any way;
      • monitor the Services' availability, performance or functionality for any competitive purpose, meaning, for example that you agree not to access the Services for the purpose of developing or operating a competitive product or service, or copying the Services' features or user interface; 
      • resell or in any way redistribute results generated on the Site

Klimato withholds the right to suspend the supply of any of the Functions to: 

      • deal with technical problems or make technical changes; 
      • update the Functions to reflect changes in applicable laws or satisfy a regulatory requirement 

Klimato will contact you in advance if the supply of any Services will be suspended to its best abilities, but may not be able to do so if the problem is urgent or an emergency.

3.3 Your provision of content 

The Site includes functions for uploading and storing files and other information provided or created by you ("Content"). You are responsible for all distribution and other actions performed under your Account. 

By adding Content to the Site, you warrant that you are a) the owner of the uploaded Content, or, b) entitled to manage the Content in such a way and that the Content or your use of the Content in no way violates any applicable legislation. Klimato does not supervise whether any Content is lawfully uploaded or distributed through the Site. 

By adding Content to the Site, you are aware that, depending on the settings of your Account, such Content may be shared with others. Klimato is not liable for any loss of Content, and advises you to always keep your own backup of Content. Klimato does not take any responsibility with regards to the validity of Content provided or created by you.

3.4 Communication & environmental claims

Klimato shall not be liable for any environmental claims made by you or your organisation which have been based on the Functions or Services. The Functions include access to pre-designed communication assets (e.g. climate labels and climate reports) and such assets shall be used to the greatest extent possible, Klimato is not responsible or liable for any deviations from these pre-designed assets.

4. Prices and Payment

4.1 Payment information 

The payments for the use of the Services shall be made in accordance with the Customer Agreement.

The price for the Services exclude value added tax (VAT) or other fees and taxes. The price for the Services is stated on the order pages when you placed your order or in the Customer Agreement.

4.2 Price changes 

The prices stated on your order pages or Customer Agreement shall be valid for a full Subscription Period. Klimato withholds the right to change the prices for the Services. In the event of price changes, we will notify you in advance. Any new prices will take effect from the first day of the next Subscription Period which follows the date when the prices were changed. 

By continuing to use the Services after the price change takes effect, you are bound by the new prices. If you oppose the price changes, you must terminate your subscription with us in accordance with the Customer Agreement and these Terms. 

4.3 Payment methods 

Your payment method is specified on your order page or Customer Agreement. 

For payments made through a third-party supplier, the third-party supplier's terms and conditions apply. Such terms and conditions can be found on the relevant supplier's website. 

You agree to pay within the set time and through the applicable payment method. We have the right to shut down your Account until you have paid all the fees incurred by you. Payment after the due date can entail late payment fees, interest or termination of your Account. 

4.4 Refunds 

Unless otherwise agreed in writing by Klimato, we do not provide refunds, right to return for a purchased subscription, credits for any partially used subscription, credits for any unused Accounts or credits by reason of your dissatisfaction with the Services.

5. Term and Termination

The term of your Customer Agreement with Klimato ("Subscription Period"), under which these Terms are valid, is stated in your Customer Agreement. At the end of each Subscription Period, your subscription will be automatically renewed for another Subscription Period, unless otherwise stated in your Customer Agreement.  

You may terminate your subscription by going to the Site and follow the instructions given there or by contacting us via our Contact Information. The notice period and cancellation policy specified in your Customer Agreement applies.

Upon terminating your Account, your right to access the Services will be revoked. Klimato will delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law. 

Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.

5.1 Termination from Klimato

Klimato reserves the right to terminate or limit the Services if you: 

      • materially breach or violate these Terms or any other provisions set up by Klimato;
      • use the Site in any way that does not comply with the intended purposes or is otherwise harmful for us or any third person;
      • use the Site in violation of any applicable law; 
      • do not pay the fees or fulfil the payment terms as set out in the Customer Agreement 

Upon occurrence of any of these events, we may contact you and request that you remedy your breach of these Terms before terminating or limiting the Services.

6. Third-Party Access and Responsibility

6.1 Third-Party Access Authorization

The Customer may, with prior permission from Klimato, allow third-party individuals who are not part of their organization ("Authorized Third Parties") to access and use the Software on the Customer’s behalf. The Customer acknowledges and agrees that any access granted to Authorized Third Parties is done solely at the Customer's own risk and responsibility.

6.2 Compliance with Terms and Conditions

The Customer shall ensure that all Authorized Third Parties comply with the terms and conditions of the Customer Agreement, including but not limited to the obligations regarding use, confidentiality, data protection, and intellectual property. The Customer shall be fully responsible for any breach of these terms and conditions by Authorized Third Parties.

6.3 Liability for Third-Party Actions

In the event that any Authorized Third Party acts in breach of the Customer Agreement, the Customer shall be held liable for such breaches. The Customer agrees to indemnify and hold harmless Klimato from any claims, damages, liabilities, losses, or expenses, including legal fees, arising out of or in connection with the actions or omissions of any Authorized Third Party.

6.4 Revocation of Access

Klimato reserves the right, at its sole discretion, to revoke or suspend access to the Software for any Authorized Third Party if it is determined that their actions are in violation of the Customer Agreement. The Customer will be promptly notified of any such action.

6.5 Notification Obligation

The Customer must promptly notify Klimato of any unauthorized access, use, or breach of the Customer Agreement by an Authorized Third Party, and must take all necessary actions to mitigate any potential harm or liability resulting from such breach.

7. Liability and Limitation of Liability

7.1 Disclaimer of warranties 

Except as expressly stated in these Terms, the Services and all related components and information are provided on an "as is" and "as available" basis without any warranties of any kind, and we disclaim any and all warranties, whether express or implied, including the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. You acknowledge that we do not warrant the Services to be uninterrupted, timely, secure or error-free.

7.2 Limitation of liability 

In no event shall Klimato, its subsidiaries, affiliates or any of their respective employees, officers, directors, agents, partners be liable for: 

      • loss of contracts; 
      • loss of reputation and/or goodwill;
      • loss of profit, loss of revenue, loss of anticipated savings and/or loss of business; 
      • indirect, consequential or special loss, damage or liability even if such loss or damage was reasonably foreseeable, arising out of or in connection with your use of the Functions or the performance of Klimato’s obligations under these Terms. 
      • any environmental claims made using the Functions or Climate Data provided

Klimato’s total liability to a Customer for all other losses arising under or in connection with any contract between the Parties, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by the Customer for the Services under the current Subscription Period according to the Customer Agreement. Klimato has no liability towards Customers using the Services under a trial period.

Klimato shall not be liable for any loss or damages unless a notice in writing summarising the nature of the damages (in so far as it is known by you) and, as far as is reasonably practicable, the amount of damages claimed, has been provided to us within 3 months of you becoming aware of the loss or, if earlier, within 6 months from when the loss occurred.

8. Confidentiality

The Parties hereto agree to treat these Terms, any Customer Agreement and appendices, and any other information about each Party’s business and operations, whether written or oral and irrespective of form, as confidential ("Confidential Information"). The foregoing shall not be applicable to any information that is publicly available when provided or thereafter becomes publicly available other than through a breach of this Agreement, or that is required by Applicable Law.

The Parties agree and acknowledge that Confidential Information may only be used for the fulfilment of the obligations under these Terms and not for any other purpose. The Customer, including its directors, officers, employees, sub-contractors or other intermediaries, further agrees to use the same degree of care (but not less than reasonable care) to avoid disclosure or use of Confidential Information. 

The confidentiality of any Confidential Information shall survive termination of these Terms or a Customer Agreement, and be valid for a period of 3 years after termination.

9. Changes and Additions

Klimato withholds the right to modify these Terms at any time. You are responsible for keeping yourself informed of any changes to these Terms, the latest version of the Terms is available on the Site and on Klimato’s website (https://www.klimato.com/). Amendments to the Terms become effective the business day following the day they are published.

All new functionalities, features and content introduced or added to the Services or the Site is subject to these Terms.

10. Complaints and Customer Support

If you have any complaints, you may contact our support department by using our Contact Information.

11. Personal Data and Privacy

You acknowledge that you are the data controller for any personal data processed by us on your behalf in conjunction with your use of the Services. You also acknowledge that we are considered as your data processor. 

More information about how we process personal data can be found in our Privacy Policy.

12. Intellectual Property Rights

12.1 Our rights 

The Site is owned and operated by Klimato. All copyrights, trademarks, trade names, logos, climate impact data and other intellectual or industrial property rights held and used by Klimato as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes, etc.) are Klimato’s property or third party licensors' property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our prior written consent. 

12.2 Licence 

Klimato grants you a non-exclusive right and licence to use the Site and the Services for the sole purpose of us providing the Services to you. Upon expiry or termination of this agreement, this right and licence shall end. 

12.3 Respect for our intellectual property 

You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, software, source codes or information for any purposes. 

The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. This includes any data or information that you have entered in the Service such as recipe data, menu designs and sales and procurement data. You may not use our exclusive property for commercial or any other purposes without our prior written consent.

13. Assignment 

You may not assign any of your rights or obligations under the Terms to any third party without our prior written consent. 

We may assign the Terms, and we may assign, transfer or subcontract any of our rights or obligations under the Terms, to any third party without your prior consent.

14. Applicable Law and Disputes

Swedish law shall apply to these Terms. Any dispute, controversy or claim arising out of or in connection with these Terms shall be settled by a Stockholm Chamber of Commerce in Sweden.

15. Company Information

Klimato AB is an entity registered in Sweden with its address at Östgötagatan 12, 11625 Stockholm and company registration number 559139-1759.