TERMS OF USE FOR OUR BUSINESS CUSTOMERS

Hey there, we will improve the service by implementing Stripe (see Section 5 of this document) so these Terms of Use will be applicable from 18.1.2021 onwards! Scroll down to find other versions.

Great to have you join us in climate action! There are some things we want you to know before getting started with the Compensate Plus, so please read through this agreement carefully. After setting up, you can find this document on https://compensate.com/terms-of-use-platforms . If you have any questions, you can reach us via support@compensate.com . Here on out, we’ll refer to the Compensate Plus as the “Service”.  Who’s we? Compensate has an innovative organizational structure. So...

We” or “Compensate” refers to a limited liability company, Compensate Operations Oy, incorporated under the Finnish laws, with the business ID 2993434-1. Compensate HQ is at Lönnrotinkatu 7 B, 00120 Helsinki, Finland. 

The Compensate Foundation (hereinafter referred to as the “Foundation”) owns 100% of Compensate Operations Ltd, which is responsible for the daily operations of the Foundation. The Foundation has the business ID 2914937-8, and its registered office is located in the exact same address at Lönnrotinkatu 7 B, 00120 Helsinki, Finland.

Compensate is the developer of the Service and is responsible for all operations under these Terms of Use. The Foundation receives the Compensation fees and purchases the carbon credits. Together, Compensate and the Foundation are jointly referred to as the “Compensate Group”. 

This Agreement is made between you and Compensate. Now, let’s get to the details.

1. Accepting the Terms of Use

While we aim for easy setup, this document is the agreement between us and you.

This Agreement (hereinafter referred to as the “Terms of Use” or the “Agreement”) governs your (hereinafter referred to as “You”) use of the Service. If You are using the Service and/or entering into the Agreement on behalf of a company, organization, entity, or brand (hereinafter jointly referred to as the “Company”), the term “You”, as used throughout the Agreement, apply both to You and the Company, as applicable. In addition, please note that We need to collect certain information relating to You and the Company. We use this information to provide You the Service and different services relating to it. 

Compensate and the Company are jointly referred to as the “Parties”. 

For more on how we handle data and information, we’ve created a Privacy Statement. Your privacy and the confidentiality of the business information of the Company is important to us!

We have created a privacy policy (hereinafter referred to as the “General Privacy Statement”) that can be found on  https://compensate.com/privacy-statement . It tells You more how we collect, use, and store any information relating to You. 

The Terms of Use, the General Privacy Statement, and any additional terms constitute the entire agreement between You and Compensate. You must accept both these Terms of Use and the General Privacy Statement to install and use the Service. When signing up or otherwise using the Service, You are accepting these Terms of Use and the General Privacy Statement. This means You are also entering into a binding agreement between You and Compensate. 

Make sure that you have the authority to sign agreements on behalf of your community. Please also make sure that the entity you represent is registered in a country we provide the Service for.

You must ensure you have the necessary authority to sign the Agreement on behalf of the Company using the Service. When using the Service, You must provide correct, up-to-date information as requested by us and must not use any other person’s or entity’s identity. When filling in your contact details (such as e-mail address), You must give a Company email address. We will use the e-mail address when communicating with You. The Service is currently available only in the jurisdictions listed in the drop-down menu of the onboarding but we are currently looking for opportunities to expand. When registering to the Service, You must ensure that the Company is registered in some of the countries listed in the drop-down menu of the Service. 

2. The Service

 The Service enables your community to take climate action.

 By using the Service, You can calculate and offset the carbon footprint of different operations of the Company (hereinafter referred to as the “Compensated operations”). The Service is for the Company’s commercial use only. You can offset the carbon footprint of all or some of the Compensated operations we provide a calculator for (hereinafter referred to as the “Calculators”). The Calculators are provided as they are. We can add, amend, or take off some of the Calculators anytime with or without notice to you. 

To use the Service, You need to create an account for the Company (hereinafter referred to as “Your Account”) and answer simple setup questions in the installation phase. You will pay us an annual subscription fee (hereinafter referred to as the “Subscription fee” and defined below in Section 5.1 (Subscription fees)) for using the Service. 

To calculate the carbon footprint of the Compensated operations and to offset their carbon footprint, You will answer simple questions of a Calculator related to the Compensated operations in question after logging in the Service. The price for offsetting the Compensated operations is referred to as the “Compensation fee”.

After answering the questions, the Calculator gives You an estimation of the carbon dioxide footprint of the Compensated operations and the price of the Compensation fee. If you want to offset it, confirm the order by submitting it. 

We will charge  You for the Subscription fees and Compensation fees from the debit or credit card you have entered  us the details about when setting up Your Account. Since Subscription fees go to Compensate and Compensation fees to Foundation, you need to enter those details twice in the onboarding process. You can also use different cards for Subscription fees and Compensation fees, if you want to. You can amend the information on Your Account anytime. See more information about the fees, payment methods and terms of payments in Section 5 (Fees) of this Agreement. 

We may provide you information of your climate impact for instance by sending you a link to a report (hereinafter referred to as the “Report”) to the email address you have provided us with or through our partner dashboard (hereinafter referred to as the “Partner Dashboard”), when applicable. 

As previously said, we take no cuts from the Compensation fees. Instead, we use them in full to carbon offsets.

The Foundation purchases carbon offsets from different initiatives that reduce the amount of carbon dioxide in the atmosphere or prevent the creation of further carbon dioxide emissions (hereinafter referred jointly to as the “Projects”). The Foundation uses the entirety of the Compensation fees it receives from You to purchase carbon offsets from the Projects.  Please note that as we use third-party service providers for processing the payments which might have their own pricing. See more information in Section 5 (Fees) of this Agreement.

3. Passwords and Account Access

The person who created Your Account (hereinafter referred to as the “Account Owner”) for the Company has access and control over Your Account. To maintain control over Your Account and to prevent anyone from accessing it, the Account Owner should not reveal the password or other details associated with Your Account to anyone. You are responsible for updating and maintaining the accuracy of the information You provide to us relating to Your Account. 

In order to protect You, the Compensate Group, and our partners from identity theft or other fraudulent activity, We can terminate Your Account or place Your Account on hold anytime with or without notice to You. 

4. License

4.1 We grant you a limited license to use the Service and Our trademarks

Then let’s move on to rights.

Subject to these Terms of Use, We grant You a non-exclusive, inalienable, royalty-free, non-transferable, non-sublicensable, revocable, and limited license to use the Service solely in the manner described in the Terms of Use. 

All the rights related to the Service belong to Compensate, Foundation, and its subcontractors and its potential licensors. The Terms of Use does not grant You any intellectual property rights to the Service. 

You shall not, during or after the termination of the Agreement, register any trademark, model, trade name, domain name, email address, or social media account that can be confused with the Compensate trademark or trademarks, slogans, or identifiers of Us or Our licensors. 

You have a non-exclusive and limited right to use Our marketing materials (hereinafter jointly referred to as the “Materials”) and any trademarks owned by Us (registered numbers hereinafter referred to as the “Compensate trademarks”) under this Terms of Use, and only in the form in which we have provided them to You or in a manner separately agreed in writing, during the term and for the purposes of this Agreement. 

When You use the Materials and Compensate trademarks, You agree to follow the following instructions:

You have the right to use Compensate’s trademarked logo and symbol in Your store through the Service, on Your social media, and on possible other channels, platforms, and instances where it’s clearly meant for marketing and communications purposes.

You can add the logo as is to images and visual backgrounds on said channels and fit it to size. You can not alter, edit, skew, or modify the logo nor the symbol in any way. 

You must always use the primary logo with the symbol and the wordmark. The vertical version of the logo can be used as a secondary logo.

The logos and symbol should always have at least the equivalent amount of the two innermost C-shapes clear space around them in all directions.

The logos and the symbol are used in either black or white. You can not alter or edit the coloring, nor add shading and shadowing to it. The logo must always stand out from its background.

The logo is aligned either to the center of the layout or to one of the four corners of the layout. When placing the Compensate logo next to another logo, always maintain the clear space around the logo.

You can use #WeCompensate in Your communications where suitable and when talking about the Service and/or the possibility to offset.

You can tag Compensate in any social media channels with the appropriate handles. 

You can link to Compensate’s materials and website on any occasion where it suits Your marketing and communications needs. 

You can use any text material, phrasing, or wording in Compensate’s Service, Service page in Compensate, in Reports, on Partner Dashboard and on Compensate’s website in Your captions, copy text, customer service, and communications if and when it suits Your needs.

 If You use the Materials provided by Compensate, You must credit Compensate for the Materials where applicable. As an example: If using a photo provided by Compensate in a social media post, You should include a mention of Compensate in the caption or tag Compensate. If You use a photo provided by Compensate as a web store banner, and crediting Compensate doesn’t fit the layout, You do not have to do so.

4.2 Limitations to the use of the Service

Basically, we hope the Service enables You to take climate action with your community. That’s what it’s for! You really shouldn’t use it for any nefarious purposes. There are some limitations to what You can do with it.

When using the Service, You must provide correct, up-to-date information as requested by us and must not use any other person’s identity or information of any other legal entity. You may only use the Service in accordance with the purposes stated in the Terms of Use. You must not take any action that Compensate considers contradictory to the purpose of the Service. This means that You should not, for instance: 

a) Bypass or attempt to bypass any of the features of the Service related to controlling usage or preventing copying;

b) Study, scan, or test any vulnerabilities in the Service;

c) Use any data mining, robots, or other corresponding data collection or data analysis method or bots or other automated methods to use the Service;

d) Use, copy, sell, rent, transfer, license, or otherwise offer the Service to third parties;

e) Reverse engineer, decompile, open, or otherwise attempt to source code of the Service or ancillary technology in whole or in part;

f) Use the Service via any user interfaces other than those provided by Compensate;

g) Use the Service in violation of applicable legislation or in a way that violates the intellectual property rights, business secrets, or privacy of third parties;

h) Use the Service for unauthorized, inappropriate, or unethical purposes or activities;

i) Use the Service 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;

j) Modify or cause modifications to files that are part of the Service without Compensate’s written consent;

k) Attempt to purchase or sell the Service or provide or rent it to another party, or use the Service if Compensate has previously taken measures to cancel Your use of the Service or You have previously been blocked from using the Service; or

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

We don’t wish to stop You from using the Service but will do if We think it's necessary – if You get into that nefarious business, for example.

We reserve the right to specify which activities are considered violations of this Agreement. We also reserve the right to take measures, if necessary, that may result in canceling Your use of the Service and/or blocking You from using it. 

5. Fees

We use Stripe to charge you for the use of the Service

We may use a third-party service provider(s) to handle the fees for us. Currently we use a service provider Stripe Payments Europe, Ltd. (hereinafter referred to as “Stripe”) to charge you both Subscription and Compensation fees through payment account(s) linked to Your Account and handle the payouts. We reserve a right to change the payment service provider from time to time. 

As previously said, Foundation does not take cuts from your Compensation fees. However, Stripe does take its own fees from each transaction. We’ve taken this into consideration in the Compensation fees to ensure the climate impact of Your products and services can still be compensated for. You can find Stripe’s current pricing details here . You agree to pay us, through Stripe, all charges to the prices then in effect. Please note Stripe also processes your personal data in accordance with their privacy policy

Payment methods

Currently we enable you to pay for the Service by using Your debit or credit card. We might, however, allow You to use other payment options, too. You will provide us and Foundation with valid and updated card information and authorize us and Foundation, if applicable, to charge Your card for all Fees listed in this Agreement. 

5.1 Subscription fees

5.1.1 Free trials or discounts

Your use of the Service may start with a free trial or a discount on the Subscription fee. The free trial means that Your use of the Service is free from the Subscription fee, not Compensation fees. Terms of the possible free trial or a discount, including the length of the free trial or the amount of the discount, shall be specified with You separately via e-mails and/or when You sign-up. 

Free trial or discount eligibility is determined by Compensate at its sole discretion and We may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and/or discount and put Your Account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment, or an account email address used with the Service to determine eligibility. For combinations with other offers, restrictions may apply. 

5.1.2 The amount of Subscription fee

We charge the Company for using the Service. The Subscription plan and the amount of the Subscription fee depend on the number of the full-time employees of the Company at the date of registration for the Service. The amount of the Subscription fee is indicated on our website. We may change the prices of Subscription plans from time to time. 

5.1.3 Billing cycle and terms of payment

The length of the billing cycle is one (1) calendar year and it will start from the moment You have completed the registration process. In some cases, Your billing cycle will change if your paid subscription to the Service begins on a day not contained in a given month.

The Company pays the Subscription fee annually by the payment method currently available.  The receipt of the invoice shall be sent to the email address provided by You to us during the registration process (hereinafter referred to as the “E-mail address”).

- The first payment takes place immediately upon You have completed the registration process. The registration process is completed after You have given us your debit or credit  card details  etc. and pressed "Submit". 

  • We will automatically charge You for the renewal of the Service at the end of your billing cycle unless you have cancelled the use of the Service before that. 

Value-added tax (VAT) shall be added to the Subscription fee, if applicable. . 

5.2 Compensation fees

The amount of the Compensation fee is based on i) the carbon dioxide footprint of the Compensated operation and ii) the price of a carbon dioxide tonne set by the Compensate Group and iii) Your use of the Calculators. The price of the Compensation fee may vary depending on the country You elect as the registered office of the Company, due to the different average emissions per Compensated operations of such country. 

PLEASE NOTE THAT BY SUBMITTING THE CALCULATIONS VIA THE SERVICE YOU EXPLICITLY ORDER A COMPENSATION SERVICE AND REQUEST CHARGING OF IT.

We reserve the right to amend i) the price of the carbon dioxide tonne and ii) the factors and formulas of the Calculators by updating the Service with or without notice to You. The new price is applicable upon the update. If You do not accept the new price, Your sole legal remedy is to terminate the Terms of Use by discontinuing the use of the Service. 

5.2.1 Billing cycle and terms of payment

The Company pays the Compensation fees to the Foundation.

The Compensation fee will be charged from the debit or credit card You have entered into Your Account without an undue delay each time You order  the Compensation service by submitting the calculations. A receipt of the charge shall be sent to the e E-mail address. Value-added tax (VAT) shall be added to the Compensation fees, if applicable. 

5.3 Refunds, currency and amendments

All fees and prices under these Terms of Use are final and non-refundable, and they cannot be returned to You. All fees and prices shall be paid in euros (€). 

We reserve the right to amend i) the price of the Subscription fee, ii) the factors and formulas of the Calculators and iii) the price of the carbon dioxide tonne iv) the billing cycle and the payment terms, including the payment method, with or without notice to You. The new price is applicable upon the update. If You do not accept the change , Your sole legal remedy is to terminate the Terms of Use by discontinuing the use of the Service.

6. Non-Disclosure of Confidential Information

You shall, while these Terms of Use are in force and also three (3) years after the termination of the Terms of Use, keep secret all the negotiations relating to the Service and all information and material received from Compensate that relate to the business or other activities of Compensate or its affiliate organizations, including trade secrets and proprietary information and material, regardless of the form they as presented as (hereinafter referred to as the "Confidential Information"). You shall refrain from using Confidential Information for purposes other than those of the Terms of Use. 

You shall have the right to share Confidential Information with such advisers, third-party agents and organization executives and employees, who need the information in connection with the preparation or implementation of these Terms of Use, however only in a manner that You are responsible to the other Party for ensuring that shared information remains confidential. You shall be responsible for ensuring that all persons and entities involved in the implementation of these Terms of Use, including any advisers to such Party, are committed to the obligations referred to in this Section 6. 

However, You may, as an exemption from Section 6, provide Confidential Information to third parties if required by law or regulatory decision. 

The Confidentiality Agreement does not apply to Confidential Information

  1. that is public knowledge at the time of the disclosure of the Confidential Information or subsequently comes to public knowledge without You having been in breach of these Terms of Use;
  2. that was already known to or processed by You, before receiving the Confidential Information from Compensate; or that
  3. You have demonstrably received from a third party, not under the obligation of confidentiality.

7. Updates

We might sometimes make adjustments, improvements or general updates to the Service.

We constantly seek to improve the Service and reserve the right to updates. We may change or discontinue the availability of some or all parts of the Service at any time for any reason, with or without notice to You. 

That means we might sometimes make updates to this agreement as well.

We shall be entitled to alter the Terms of Use with or without notice to You. The latest version of the Terms of Use can be found on  https://compensate.com/terms-of-use-platforms   and is applicable immediately after publishing, if not stated otherwise. If You do not accept the change, You shall be entitled to terminate the Terms of Use and it will be in effect after the end of the current billing cycle.  

8. Limitation of Liability

Please note that we offer the Service and its services to You as described in this Agreement, but there are several limitations to our liability.

We offer the Service to You as it is described in the Terms of Use. We endeavor to maintain the functionality of the Service, but please be aware that We may temporarily or permanently suspend the Service at any time. This might affect You negatively but by accepting the Terms of Use You are aware of this risk. Compensate Group 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 that are in any way due or related to the Terms of Use or the use of the Service. 

In any case, the total joint liability of Compensate and the Foundation shall be limited to the sum of Compensation fees You have paid to Compensate in accordance with the Terms of Use over two (2) 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 Service and terminate the Agreement.  

On that note, you are responsible for all applicable legislation, including taxes and privacy issues regarding your use of the Service.

You are responsible for all applicable taxes that arise from or as a result of Your use of the Service under these Terms of Use. You must not provide us any other personally identifiable information than defined in these Terms of Use and the General Privacy Statement. You undertake to protect and defend the Compensate Group (including their 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, including Your customers, due to Your use of the Service or Your breach of the Terms of Use.  

Carbon capture is a necessary component in fighting climate change, and we have a higher demand for sustainability than many players in the field. We do mitigate risks associated with carbon capture but are not responsible for the impact.

Compensate is solely responsible for ensuring that the Compensation fees it or the Foundation receives are used to purchase carbon offsets. We do our best to select the Projects with care but are not responsible for removing a certain level of carbon dioxide or any flaws found in the Projects.

9. Term and Termination

If you wish to stop using our Service, it’s very easy for you to do so.

The Terms of Use shall be valid for as long as You continue using the Service. The Service is valid until further notice. You can cancel the Service at any time, and you will continue to have access to Your Account through the end of the billing cycle of Subscription fees. You may cancel the Service by closing Your Account directly at the Service or, if not applicable, you can terminate it by sending an email to support@compensate.com .

If the Service is terminated or it expires, the Company shall complete all pending Compensation fees and the Subscription fee to Compensate. Neither the Subscription fee nor the Compensation fees shall be refunded. 

Notwithstanding the aforementioned, the parts of the Terms of Use which, by their very nature, are intended to be valid even after the term of the Terms of Use (including, for instance, all parts dealing with title and intellectual property rights, Section 6 (Non-disclosure of Confidential information), all parts dealing with the processing of personal data, including the General Privacy Statement, and Section 11 (Governing law and the dispute resolution) remain in force after the termination of these Terms of Use. 

We may terminate or suspend Your right to use the Service any time with or without notice to You with immediate effect. This also terminates the Terms of Use.

 In that unfortunate event, remember to follow all these instructions:

Upon termination of the Terms of Use: (i) Compensate and You shall return to the other party, or destroy (and provide certification of such destruction), all property of the other party in its possession or control (including all Confidential Information); (ii) the Company shall immediately cease displaying any Compensate trademarks on any website or otherwise; and (iii) all rights granted to You hereunder, such as the access to Your Account, will immediately cease. 

10. Assignment of the Agreement

We are the only one entitled to assign rights and obligations under this agreement.

You shall not be entitled to assign the rights or obligations deriving from the Terms of Use. Compensate and the Foundation shall be entitled to assign all of the rights and obligations deriving from the 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.

11. Governing law and the dispute resolution

Finnish law shall apply to the Terms of Use, and the Terms of Use shall be interpreted according to Finnish law, without regard to conflict of laws principles. 

If the dispute, controversy, or a claim arising out relating to the Terms of Use, or the breach, termination, or validity thereof cannot be settled in mutual negotiations between You and Compensate, it shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one (1), the seat of arbitration shall be in Helsinki, Finland and the language of the arbitration shall be English. 

12. Contact information

You can always find these Terms of Use again here .

The General Privacy Statement can be found here .

Any questions in mind? You can always contact us via support@compensate.com !

Customer Support

Compensate Operations Oy

support@compensate.com

Applicable from 18.1.2021

Archived versions of these Terms of Use