Terms and Conditions

Last updated on: 8th November 2022

1. Scope of Application

These Terms of Service govern the use of all services (“Service”, “Services”) provided by Climacrux LLC including Carbon Removed, CDR Platform, Netzero.biz and the websites carbonremoved.com, cdrplatform.com, netzero.biz and climacrux.com referred to as “the websites” and “the sites” throughout the following terms and conditions.

Throughout the sites, the terms “Climacrux”, “we”, “us” and “our” refer to Climacrux LLC. Climacrux offers the websites, including all information, tools and services available from the sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting the sites and/or purchasing something from it, you engage in the “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before using the websites. By accessing or using any part of the sites, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of this agreement, then you may not access the websites or use or purchase any product or services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service.

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion and without your prior consent, to update, change or replace any part of these Terms of Service by posting updates and changes to the websites. Customers and users will be appropriately informed. Your continued use of or access to the websites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

2. Scope of Climacrux Services

Climacrux aims to help individuals and businesses towards carbon neutrality, including the offer of permanent removal of their emissions from the atmosphere. The websites with all information, tools and services available from the sites to you shall serve this aim and be the scope of Climacrux Services.

The service of permanent removal of greenhouse gas emissions from the atmosphere is referred to as greenhouse gas removal (GGR) and the removal of the specific greenhouse gas, carbon dioxide, as carbon dioxide removal (CDR). GGR and CDR can be ordered via Climacrux Services and are subject to the order confirmation sent by the payment provider on behalf of Climacrux and these Terms. Detailed terms and conditions relating to Climacrux GGR and CDR are available in section 3.

3. Climacrux Greenhouse Gas and Carbon Dioxide Removal

Permanent removal of greenhouse gas and/or carbon dioxide emissions (also referred to as “footprint compensation”) is a process consisting of two parts: i) taking amounts of a greenhouse gas such as carbon dioxide out of the atmosphere and ii) storing it permanently. Hereby this process shall be referred to as greenhouse gas removal (GGR). If the removed greenhouse gas is carbon dioxide, the process shall be referred to as carbon dioxide removal (CDR). GGR and CDR shall not be confused with the general prevention or reduction of emissions, such as carbon credits e.g. preventing rainforests burning down, as this will reduce the total amount of man-made emissions but not remove already emitted greenhouse gases. There are several ways to perform GGR and CDR that include but are not limited to: planting trees; direct-air capture with storage; enhanced weathering; long term storage of bio-oil and biochar; blue carbon methods such as kelp sinking; carbon farming; and ocean fertilisation. Climacrux partners with third parties performing activities leading to removed greenhouse gas emissions, accumulating a quantity of removed greenhouse gas emissions to sell to customers.

Climacrux GGR and CDR Services can be purchased via a recurring, monthly subscription and via manual or automated individual transactions as described in sections 3.2 and 3.3.

3.1 Removal Quantity

The GGR and CDR amount is indicated in tonnes (t), kilograms (kg) or grams (g) CO2eq and can be freely chosen as made possible by the Services. Climacrux will make best efforts to ensure the removal of at least the amount of greenhouse gases – attributable to the customer - stated on the order confirmation.

The determination of the amount of GGR or CDR is not exact and its accuracy depends on the removal methods. Some methods - such as direct air capture and storage - offer high accuracy quantities of carbon removal for us to purchase. Other methods - such as tree planting - offer products or services that do not provide the exact amount of CO₂eq removed. In situations where the exact quantity of GGR or CDR is unavailable or unknown we will calculate the removed CO₂eq to the best of our ability.

Climacrux shall log the GGR or CDR Service quantity - amount of greenhouse gas removed from the atmosphere - with any third parties and record the GGR or CDR Service quantity attributable to each customer.

3.2 Subscription

Subscriptions allow users to continuously or regularly remove the selected GGR or CDR removal quantity over a determined period.

Paid subscriptions begin on the day the payment is received by us, unless otherwise agreed on.

In order to maintain subscriptions, users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions or termination of the subscription. Subscription fees may be prepaid - e.g. annual invoices or gift certificates - for a set duration.

3.3 Individual transactions

Individual transactions are an order to remove the selected quantity of greenhouse gases in a single, non-recurring transaction.

3.4 Removal Duration

We endeavour to order the removal of the amount of GGR or CDR defined in the order confirmation within ninety (90) days of receiving payment. In certain situations, this may take up to six (6) months. In exceptional circumstances where ordering GGR or CDR is not possible within six months from a specific partner, Climacrux will continue to invest the allocated funds (as defined in Section 3.6.1) in removal methods/partners of equal or greater GGR or CDR amounts.

Rate of actual removal of CO2eq varies and finalised transactions are no guarantee that the defined amount of CO2 has been or will be removed from the atmosphere.

3.5 Certificate of Removal

As evidence of removal purchase, users will receive a removal certificate specifying the name of the customer; amount of CO2eq removed; date of certificate issuance and an identifier unique to each certificate.

Certificates will be issued within sixty (60) days of receiving payment and finalising a transaction.

3.6 Removal Price

The prices of the Service quantity quoted in the order confirmation shall apply. Additional Services shall be invoiced separately.

Additional fees such as taxes, currency conversion or payment fees may occur.

Prices for carbon removal fluctuate depending on a multitude of factors including, but not limited to, method used; volume of removal purchased; and maturity of method.

We will routinely review and revise prices for all customers to optimally support our portfolio of partners and deliver GGR or CDR. We reserve the right to change the prices displayed on the websites without warning at any time. Future purchases will be made at the most recent prices displayed on the websites. See section 7 for more information.

Users on an active subscription will never be charged a higher rate without seeking their prior permission. Completed purchases will not be modified to reflect any changes in prices.

3.7 Payment

When ordering through the Services, the payment of the amount charged for the provision of the Climacrux GGR or CDR Services (Climacrux GGR/CDR Service fee) is typically credit card based.

In the case of invoicing, payments are due within 30 (thirty) days of the invoice date and payment by customer is to be made to a bank account indicated by Climacrux. Any charges related to invoice amounts; delayed, returned or missing payments; are to be borne by the customer. Payment shall be considered to have been made on the day the payable sum is received by Climacrux.

Other payment methods will be supported only by prior agreement between the user and Climacrux.

3.8 Cancellation, Refunds and Returns

Cancellation and termination will apply to active subscriptions and incomplete individual transactions. The termination of a subscription by either party must be made at least five (5) working days before payment is due to be taken to guarantee new payment will not be collected. Should a termination be received later than this Climacrux will aim to stop collection of payment to the best of their ability, but no guarantee is provided.

Subscription plans may be terminated or updated at any time by sending a clear and unambiguous termination notice or update request to Climacrux. Terminations and updates will be processed by us within thirty (30) days of acknowledgment of receiving notice.

Climacrux is under no obligation to offer refunds for any completed transaction. Refunds will be considered only in exceptional circumstances and must be approved by Climacrux.

Due to the nature of GGR and CDR, returns are not possible.

3.9 Reselling

Reselling Climacrux GGR or CDR without prior agreement with Climacrux is strictly prohibited. Any account suspected of or found selling purchased GGR or CDR will have their account terminated without notice.

3.10 Reselling

Customers purchasing GGR or CDR Services or any other products offered on the websites - and where applicable, recipients of products such as gift cards - automatically opt-in to receive the newsletter. Newsletter subscribers have the possibility to unsubscribe at any time.

4. Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or you represent that you are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or Services for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of the Service.

5. General Conditions

We reserve the right to refuse Service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the websites through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

6. Accuracy, Completeness and Timeliness of Information

We waive all liability with respect to correctness, currency, and completeness of the information provided to the user as regards both content and presentation. Liability for data loss is waived as well. The material on the sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the sites is at your own risk.

The sites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the sites at any time without prior permission, but we have no obligation to update any information on the site or to notify users of any changes. You agree that it is your responsibility to monitor changes to the sites.

7. Modifications to the Services

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of a Product or the Service.

8. Products or Services

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

Any offer for any product or service made on the sites out of limits or in any other way prohibited is void.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

9. Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on the sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

10. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms and conditions which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

11. Third-Party Links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on the sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

12. User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by our contact form, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

13. Personal Information

Your submission of personal information through the sites are governed by our Privacy Policy.

14. Errors, Inaccuracies and Omissions

Occasionally there may be information on the sites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

15. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the sites or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

16. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

The liability is to the extent permitted by law, we and our information suppliers shall not be liable for consequences involving use or non-availability of the Service, including for consequential damages and lost profits.

17. Indemnification

You agree to indemnify, defend and hold harmless Climacrux and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

18. Intellectual Property

You are entitled to use any documentation provided as part of the Climacrux GGR and CDR Services to assert the Service quantity attributable to you.

No rights other than set out in the paragraph before are granted. In particular, no licence, rights of use and/or ownership of any kind of Climacrux’s intellectual property are granted and all know-how, patents, trademarks, trade names, designs, copyrights, manufacturing or business secrets and all other intellectual property which are/is owned by Climacrux at the Order Confirmation date shall remain the exclusive and unrestricted property of Climacrux.

19. Term and Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using the sites.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provision of Climacrux Services terminates once the parties have complied with their obligations under this Agreement. In case the Climacrux GGR Service Fee or any other agreed payment is not received by Climacrux within the payment period set by us, we shall be entitled to terminate this Agreement without notice.

Subscriptions may be terminated by sending a clear, unambiguous notice as detailed in Section 3.8 to [email protected].

20. Miscellaneous

These Terms of Service and any policies or operating rules posted by us on the sites or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

21. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

22. Governing Law

This Agreement shall be governed by substantive Swiss law. The United Nations Convention on the International Sale of Goods (CISG) shall not apply. If a dispute cannot be resolved, the ordinary courts of Lucerne, Switzerland, shall have exclusive jurisdiction.

23. Contact Information

Questions about the Terms of Service should be sent to us at [email protected].

Glossary

CO₂eq: Equivalent carbon dioxide (CO₂eq) is a distinct measure for estimating how much global warming a given type and amount of greenhouse gas may cause, using the functionally equivalent amount or concentration of carbon dioxide (CO₂) as the reference.