Terms & Conditions
Regulations for the provision of electronic services Tergoscope.
1. Regulations
1.1 The following terms and conditions of use of service (the “Terms and Conditions”) apply to all Services provided by the Administrator, which are available on the website https://tergoscope.io (the “Service”) or on mobile devices.
1.2 These Terms and Conditions constitute a legally binding agreement between the User acting either personally or on behalf of another entity, setting out the rules for access to and use of the Website.
1.3 The Service and the Administrator’s Services are intended for Users located in the Republic of Poland, the USA and in other countries, provided that the Service and the Administrator’s Services are not intended for distribution, use or exploitation by any person or entity in any jurisdiction or country where such distribution or use would be contrary to the law of such jurisdiction or country or which would require the Administrator to register in such jurisdiction or country or to fulfill any other obligations not provided for under Polish or USA law.
2. Definitions
The following phrases have the following meanings:
2.1 Service – the website operated by the Administrator, available at https://tergoscope.io;
2.2 Terms and Conditions – these terms and conditions of the Service;
2.3 Administrator – TERRA Spótka z ograniczong odpowiedzialnoscig with its registered office in Gdansk, ul. Piastowska 7 lok. 202 (80-332), NIP: 5862359150, registered by the District Court Gdansk-Pótnoc in Gdansk, VII Economic Division of the National Court Register under number 0000857732, share capital in the amount of PLN 527,900.00 paid in full, and Tergo, ‚LLC, 8 The Green, Suite B, Dover, Delaware, 19901-USA e-mail: hello@tergo.io.
2.4 User – the person using the Website;
2.5 Form – an electronic form available after logging on to the Website, allowing you to enter the data necessary to use the Service.
3. Functionality of the Service and remuneration
3.1 The service is designed for people who wish to use the Service to calculate the carbon footprint associated with that person’s activities.
3.2 Irrespective of the provision of the Service, the Service presents content of an informative nature, the use of which is free of charge and does not require registration or the provision of personal data.
3.3 The remuneration for the use of the Service shall be specified in a separate agreement.
4. Services provided through the Website
4.1 Through the Service, the Administrator provides the Service of preparing a carbon footprint report, determining the amount of carbon dioxide emitted into the atmosphere by the User as part of his/her activities, identifying the sources of particular carbon dioxide emissions and recommendations whose implementation may contribute to the reduction of carbon dioxide emissions.
4.2 Use of the Service is made by the User completing the Form on the Website.
4.3 As a result of using the Service and completing the Form, the User may download the carbon footprint report as a PDF file (Portable Document Format).
4.4 The methodology for preparing the Report resulting from the Service provided through the Website has been developed by the Administrator based on the applicable laws and international standards:
- ISO 14064-1 standard;
- Greenhouse Gas Protocol (GHG Protocol);
- Task Force on Climate-related Financial Disclosures (TCFD);
- Research-based target achievement initiative (SBTi);
- European Investment Bank carbon footprint assessment methodology, version 11.2 of 2022;
- European Commission Delegated Regulation 666/2014 of 12.03.2014 defining the substantive requirements of the European Union inventory system,
Changes in the values of global warming potentials and international regulations on inventory guidelines in accordance with European Parliament regulation 525/2013, Council text with EA relevance; - Guide to the environmental footprint of companies issued by the European Commission, Joint Research Centre (JRC), Institute for Environment and Sustainability (IES), documents Ref. Ares (2012)873788 – 17/07/2012 and Ref.
Ares (2012)873782 – 17/07/2012; - A guide to the environmental footprint of products issued by the European Commission.
4.5 It is a condition of using the Service that you provide the information marked on the Form as mandatory.
Provision of the other information in the Form is voluntary, although it may be necessary in order to obtain certain benefits (e.g. more precise carbon footprint or recommendations).
4.6 Before submitting the information contained in the Form, the User is required to confirm that he or she has read and accepts the contents of these Terms and Conditions.
5. Technical conditions for the provision of services through the Website
5.1 In order for the User to be able to use all the functionalities of the Website correctly, it is required to have a device capable of connecting to the Internet with the current version of the web browser Google Chrome, Mozilla Firefox, Opera or Microsoft Edge, access to the Internet and an active email account, supported by an external provider.
5.2 The use of the functionalities of the Website requires the creation of an account on the Website, by providing the user’s e-mail address [email], setting a password and entering the authorisation code received from the Administrator.
5.3 One account on the Website may only be used by one person.
6. Contract conclusion
6.1 A contract for the provision of services by electronic means shall be concluded upon acceptance of these Terms and Conditions and shall continue for an indefinite period of time, until the User withdraws from the Contract or resigns from the Service.
6.2 The Administrator may withdraw from the contract for the provision of Services if the User’s behaviour violates the provisions of these Regulations.
6.3 You may cancel the Services at any time, in the manner set out in these Terms and Conditions or in mandatory legal provisions.
7. Responsibility for content
7.1 The User is obliged to use the Service in a manner consistent with these Terms of Use and in accordance with legal regulations, without violating the rights of third parties or the Administrator.
7.2 The user undertakes not to:
7.2.1 download data or other content from the Service for the purpose of creating or compiling, directly or indirectly, a collection, compilation, database or directory without the written consent of the Administrator;
7.2.2 mislead the Administrator or other users or third parties, especially in any attempt to obtain confidential account information, such as user passwords;
7.2.3 interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website or its content.
7.2.4 use the information obtained from the Website to harass or harm another person, or to take any other action that is unlawful or against the rules of social conduct;
7.2.5 use the Application in a manner that does not comply with applicable law;
7.2.6 promote any unlawful use of the Website by third parties.
7.3 (3) The Administrator shall not be liable for any false data provided by the User and the consequences of such action, including the inaccurate determination of the carbon footprint related to the User’s activity if this is the result of the User providing false or incomplete data.
7.4 (5) Where the User is an entrepreneur, any liability of the Administrator in connection with non-performance or improper performance of the Agreement shall be limited to the actual loss and to the amount of remuneration set out in a separate agreement for the use of the Website and the Administrator’s Services.
8. Copyrights
8.1 Copyright and related rights to the Website as a whole and its parts, including all visual, audiovisual, graphic, verbal and musical elements, belong to the Administrator.
8.2 The use of the Website or the conclusion of a contract in connection with the use of the Website’s functions does not result in the transfer of any property rights to the User.
9. Complaints
9.1 Complaints concerning the activities of the Website, Services should be sent in writing to the Administrator’s address or in the form of an e-mail hello@tergo.io or in any other legally permissible permanent form enabling the Administrator to review the content of the complaint.
9.2 It is recommended that the complaint should contain at least the User’s details, including contact details, transaction number, date of transaction, description of the problem and the expected handling of the complaint.
9.3 The response time to a complaint is 14 days.
9.4 If the complaint in question is considered unfounded, the Administrator does not provide for an appeal procedure.
9.5 To resolve a dispute arising from a service contract, the User may also use the OD platform available at www.ec.europa.eu/consumers/odr.
9.6 If the User does not agree with the Administrator’s handling of the matter, he/she may pursue his/her claims through the courts, including the court having jurisdiction over the User’s place of residence or registered office.
10. Protection of personal data
10.1 The basis for the Administrator’s processing of personal data is the performance of a contract the subject of which is the provision of a Service through the Website.
10.2 The Administrator is the controller of the personal data provided in the forms, which uses appropriate technical and organisational measures to ensure data security.
10.3 The Users’ personal data provided in the Form shall be processed by the Administrator solely for the purpose of performing the Services specified in these Terms and Conditions.
10.4 Personal data will be processed on the basis of the consent given by the User, for the performance of the contract concluded (Art. 6(1)(b) GDPR) or in view of the fact that the processing is necessary for the fulfilment of legal obligations incumbent on the Administrator (Art. 6(1)(c) GDPR), as well as those resulting from the legitimate interests of the purposes pursued by the Administrator (Art. 6(1)(f) GDPR).
10.5 Personal data will be processed for the period necessary for the provision of the relevant Service or until the termination of the Agreement/cancellation of that Service and/or any objection by the data subject, and thereafter for the purposes and for the period required by law or for the safeguarding of possible claims.
10.6 You have the right of access to the content of your personal data and the right to rectify, erase or restrict its processing, the right to data portability and the right to object to its processing, as well as the right to lodge a complaint with a supervisory authority.
10.7 Provision of personal data is voluntary. The provision of data may be necessary in order to be able to provide the Services.
10.8 The user is strictly obliged to provide his/her own personal data or that of the person who has authorised him/ her to do so. It is forbidden to use personal data without the knowledge of the person to whom the data refers. The Administrator shall not be held liable for any third party personal data provided by persons using the Service.
11. Final provisions
11.1 By accepting the Terms and Conditions, the User agrees to enter into an agreement with the Administrator corresponding to the content of the Services provided and to provide these Services to the User under the terms of these Terms and Conditions.
11.2 Relevant provisions of Polish law, including the provisions of the Civil Code, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/C (General Data Protection Regulation; GDPR), the Act on the provision of services by electronic means and other provisions of generally applicable law shall apply to matters not covered by these Regulations.
11.3 The Administrator may temporarily disable the Services specified in these Terms of Use. The above also applies to technical interruptions necessary due to maintenance work or troubleshooting.
11.4 The Terms of Service shall enter into force on 01.11.2022 and may be amended by the Administrator at any time, with the proviso that the amendments are only effective upon acceptance by the User. The User’s refusal to accept the changes constitutes grounds for the Administrator to withdraw from the provision of the Service.
