General Terms and Conditions

Last updated: April 30, 2024

1. PARTIES & BINDING ONLINE TERMS

Please read these Online Terms and Conditions (“Terms,” “Terms and Conditions,” and/or “Agreement”) carefully before using our website (www.climate.aero) and/or any of our applications contained therein, and/or any of our online services, (whether accessed through our website or otherwise, any of the foregoing services, the “Service”) operated by AviationZeroCarbon B.V., operating under the trade name, Climate.aero (“Climate.aero”, “us”, “we”, or “our”), which provides a Service for estimating CO2 emissions of private flights and offering various options for CO2 compensation. This Agreement is by and between Climate.aero and you, the person or entity subscribing to our Service, accessing and/or using our Service, including all features and functionalities, user interfaces, as well as all content and software associated with our Service (“you,” or “your”).  

By using our Services, you agree to comply with these Terms. The Service, and the information contained on or through the Service, may be accessed only by, as applicable (i) persons who have been authorized by your employer (or entity on behalf you are using the Service) to use the Service pursuant to these Terms, or (ii) persons who have the authority to bind your employer (or entity on behalf of which you are using the Service) to the use of the Service pursuant to these Terms (in each case, an “Authorized User”). By clicking ACCEPT or using our Service, you represent that you are an Authorized User and that you accept these Terms and agree to be bound by them.

If you, or your employer or the entity on behalf of which you are using this Service, do not wish to be bound by these Terms, you must not use the Service. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THE SERVICE.

These Terms apply to all visitors, users, subscribers, and others who wish to access or use the Service. These Terms apply to all versions of the Service.

These Terms are applicable to you wherever you are. If you are living, residing or otherwise in the EU, additional or different articles may apply to you. In that case, we explicitly indicate this in the Terms by starting the deviating or additional article with: "If you are in the EU" followed by the addition or deviation.   

By agreeing to these Terms, you also agree to the terms of our https://climate.aero/en/c/privacy-policy/ (“Privacy Policy”) simply by accessing or using the Service. If you disagree with any part of the Terms or Privacy Policy, then you do not have permission to access the Service.

These Terms (and, if applicable, any related subscription orders which you (and/or the entity you represent or which is otherwise accessing the Service by you) entered into with us, the “Climate.aero Platform License Documentation,” together) form a binding “contract” between you and us. In the event of any conflict between any Climate.aero Platform License Documentation and these Terms, such provision in the Climate.aero Platform License Documentation shall prevail.

2. COMMUNICATIONS

By creating an online account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send electronically. These communications may include notices about your account (e.g., payment authorizations, invoices, changes in password, confirmation messages, and other transactional information) and are part of your relationship with Climate.aero. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The time of receipt of our communications is equal to the time of dispatch. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

4. ACCOUNTS; PaymentS

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

Billing occurs monthly, reflecting the estimated CO2 emissions for the previous month. Payment options and conditions for late payments are provided. Invoices are subject to a billing and administration fee, which varies based on the customer's currency and location but remains consistent within each region.

Subscriptions start immediately. Subscriptions for variable prices for CO2 emission compensation run for monthly terms that automatically renew unless either party terminated the subscription upon thirty (30) days written notice to the other party prior to the renewal date. Subscriptions for fixed prices for CO2 emission compensation and/or SAF run for an initial term of one or two years as applicable in accordance with the subscription you have chosen. After the initial term, subscriptions renew automatically for one (1) year periods and either party may terminate the subscription upon thirty (30) days written notice to the other party prior to the renewal date. Customers waive their right to a statutory reflection period to terminate their subscription within fourteen (14) days.

You are responsible for maintaining the confidentiality of your account, including your password and login credentials, and including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party Service. You must notify us immediately upon becoming aware of any (actual, threatened, or potential) breach of security or unauthorized use of your account.

Unauthorized data extraction from our website for commercial purposes is forbidden, potentially leading to legal action and Service termination. This includes any automated or manual methods of data scraping. We actively monitor the use of Climate.aero to ensure compliance with our Terms of unauthorized use, particularly regarding our data scraping policies. Detected violations may lead to legal action and Service termination.

We source flightpath data through ADS-B and/or Multilateration, adhering to FAA Limited Aircraft Data Display (LADD) regulations and privacy laws. For aircraft on the FAA LADD list, we only display date, distance, duration, and estimated CO2 emissions, excluding maps and other specific flight path details which could disclose the location of the aircraft. If you wish us to stop displaying your flightpath, you can opt out by contacting us at support@climate.comaero

5. INTELLECTUAL PROPERTY; ACCEPTABLE USE & SERVICE ACCESS RESTRICTIONS

The Service and its original content (excluding Content provided by Authorized Users of the Service), features and functionality, and any and all improvement and/or derivations thereto, are and will remain the exclusive property (including intellectual property) of Climate.aero (and, if applicable, its licensors) and are provided on an “as is” basis, without any liability for Service interruptions or unavailability. The Service is protected by copyright, trademark, and other laws of both the United States, EU and other countries. Our trademarks and trade dress may not be used (whether in connection with any product or Service or otherwise) without the prior written consent of Climate.aero and except as permitted herein. Unauthorized use of our registered trademark is prohibited and may lead to legal action. You are granted access to the Service under and subject to a restricted and fully revocable license grant by us.

You agree that you will not (a) modify, copy, decompile, disassemble or reverse engineer, or cause any other party to modify, copy, decompile, disassemble or reverse engineer our software, technology, and/or the Service; (b) sublicense any of our intellectual property to third parties or sell, resell, rent, sublicense or lease the Service to third parties; (c) otherwise violate the license grant or restrictions set forth herein; (d) use the Service to store or transmit malicious code; (e) interfere with or disrupt the integrity or performance of the Service or third-party data contained therein, (f) attempt to gain unauthorized access to the Service or their related systems or networks; (g) misappropriate any of our software, technology or other Services or use the Service or permit enable or assist a third party to create competing products or Services.

6. CONFIDENTIALITY

You may have access to information that is confidential to Climate.aero, including but not limited to the Service and content, and any information related to the Service and content (“Climate.aero Confidential Information”). Climate.aero Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. You agree not to make Climate.aero’s Confidential Information available in any form to any unauthorized third parties. You agree to take all reasonable steps to ensure that Climate.aero’s Confidential Information is not disclosed or distributed by you, or your employer or the entity on behalf you are using this Service in violation of the provisions of this Agreement.

7. FEEDBACK

You may from time-to-time submit feedback, comments, suggestions, questions, ideas, or other information to us concerning the Service or our products, Services, technology, techniques, processes or materials (“Feedback”). We may in connection with any of the Service and its products and Services freely use, copy, disclose, license, distribute and otherwise exploit such Feedback in any manner without any obligation, payment, royalty or restriction whether based on intellectual property rights or otherwise. 

8. LINKS TO OTHER WEBSITES/ THIRD PARTY SERVICES; THIRD PARTY CONTENT

Our Service may contain links to and/or otherwise inter-operate with third party web sites or Services that are not owned or controlled by Climate.aero, including without limitation third parties that provide CO2 emission compensation services for you.

Climate.aero has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or Services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Climate.aero shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such third party web sites or Services.

We strongly advise you to read these Terms and privacy policies of any third-party web sites or Services that you visit and use any such third party web sites or Services only if you are in agreement with the terms governing those third party Services. If you click-through to any third-party Services, either directly or indirectly through the Service (collectively, the “Linked Sites”), you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such Linked Sites. If you do not comply with a third-party Service terms and conditions, we may be required to terminate your access to such third party’s content and/or the Service if we cannot separate the third-party content from our Service. We shall have no liability for any reduction of or inaccessibility to the Service and you will not be entitled to any remedy as a result of your access termination of either a third-party Service or our Service where applicable.

9. TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to as a result of a breach of any provision under these Terms. If you wish to terminate your account, please contact us at support@climate.comaero.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property/ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Climate.aero and its licensee and licensors, and its and their employees, contractors, agents, officers and directors, from and against any and all damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and accounting fees, arising out of or in any way connected with your access to or use of the Climate.aero Service or your violation of these Terms of Service), for any third-party claim against Climate.aero arising out of a) your use and access of the Service, by you and/or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL CLIMATE.AERO, NOR ANY OF ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND/OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, INCLUDING EVEN IF RESULTING FROM (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO CASE SHALL CLIMATE.AERO’S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE AGGREGATE OF THE ACTUAL PAYMENTS RECEIVED BY CLIMATE.AERO FROM YOU OVER THE PRIOR TWELVE MONTHS FROM THE DATE ON WHICH A CLAIM AROSE. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH IN THIS SECTION 11 OR THE DISCLAIMER SET FORTH BELOW IN SECTION 12, THIS LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CLIMATE.AERO HAS AGREED TO GRANT YOU ACCESS TO THE SERVICE IN PART IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN.

IF YOU ARE IN THE EU, LIABILITY FOR DIRECT DAMAGE WILL BE LIMITED TO DIRECT DAMAGES CAUSED BY OUR MANAGEMENT. IF YOU ARE IN THE EU, CLIMATE.AERO’S MAXIMUM LIABILITY AS LIMITED ABOVE, SHALL BE FURTHER LIMITED TO A MAXIMUM AMOUNT OF €50.000 (FIFTY THOUSAND EURO).CLIMATE.AERO IS NOT LIABLE FOR INACCURACIES IN FLIGHTPATH DATA, TRANSPONDER DATA, OR CO2 EMISSIONS ESTIMATIONS OR ANY OTHER INFORMATION ON OUR WEBSITE. IN CASE OF INCORRECT INFORMATION, YOU CAN SEND US AN EMAIL (SEE SECTION 9 FOR CONTACT INFORMATION) AND WE WILL CORRECT THE INFORMATION. WE EMPHASIZE THAT THE AMOUNT OF CO2 EMITTED DURING FLIGHTS IS AN ESTIMATION AND DEVIATES FROM ACTUAL EMISSIONS.

12. DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Climate.aero, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements and/or business objectives.

13. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions. If you are in the EU, these Terms shall be governed and construed in accordance with the laws of the Netherlands, in so far as permitted by compelling EU laws or other compellingly applicable laws. If you are in the EU, the sole forum to bring any dispute or legal action will be the court of Amsterdam, in so far as excluding other forums is permitted by compelling EU laws or other compellingly applicable laws.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us and you regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

14. MODIFICATIONS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. In such event we will update our Terms with the revised date.  If a material change of any of these Terms, we will provide reasonable notice to you prior to any new terms taking effect, so that you can elect to stop using the Service in the event you do not agree to the material change of these Terms. If you do not elect to discontinue using the Service, non-communication or continued use of the Service will constitute acceptance of the new terms.

By continuing to access or use our Service after any modifications of our Terms become effective, you agree to be bound by these Terms as amended/revised. If you do not agree to the new terms, you are no longer authorized to use the Service.

15. CONTACT US

If you have any questions about these Terms, please contact us:
By email: support@climate.comaero
By visiting this page on our website: https://support.climate.aero
By mail: AviationZeroCarbon BV, Parkstraat 22, 2514JK Den Haag, The Netherlands