GreenKPI Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the GreenKPI app (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Please note: You may not enter these Terms on behalf of an organization, company, or other entity unless you have the legal authority to bind that entity. Services under these Terms are designed for use by businesses and entities participating in the circular economy.

Business Use Only

These Services are intended solely for use by businesses, enterprises, and professional organizations operating in the circular economy sector. By using the Services, you confirm and warrant that:

1. You are accessing the Services in the course of carrying on a business;

2. You are not an individual consumer acquiring services for personal, domestic, or household use;

3. All transactions, subscriptions, and use of the Services are for commercial or professional purposes;

4. You have read and understood that consumer protection laws (including provisions of the Australian Consumer Law relating to consumer contracts, the UK Consumer Rights Act 2015, and the EU Consumer Rights Directive) do not apply to your use of these Services.

Notwithstanding the Business Use clause, statutory ACL protections may apply to small business customers where the relevant statutory thresholds are met.

GreenKPI reserves the right to terminate any account or refuse service if we determine, in our reasonable discretion, that the Services are being used for non-business purposes.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or GreenKPI cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting GreenKPI customer support.

You may cancel your subscription at least 24 hours before the next billing cycle to avoid renewal.

A valid payment method, including credit card or bank transfer, is required to process the payment for your Subscription. You shall provide GreenKPI with accurate and complete billing information including full name, address, state, zip code, telephone number, e-mail address and a valid payment method information. By submitting such payment information, you automatically authorize GreenKPI to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, GreenKPI will issue an electronic invoice. Payment of invoices is due within 7 business days from the date of invoice.

Late payments may incur:

- Interest at the applicable statutory rate under the law governing this agreement;

or

- Where permitted by law, a late payment fee to cover reasonable debt recovery costs.

GreenKPI reserves the right to suspend access to the Services if payment remains outstanding beyond 14 days from the due date, following reasonable notice to you.

Fee Changes

GreenKPI may modify Subscription fees from time to time where reasonably necessary due to changes in business, operational, or market conditions. Any change will take effect only at the start of your next Billing Cycle, and we will provide you with at least 30 days’ prior written notice of the change.

If you do not agree to the revised fees, you may cancel your Subscription before the new fees apply, and no further charges will occur.

Any changes to Subscription fees will apply only to future Billing Cycles and will not be applied retroactively.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that:

1. The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms;

2. The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;

3. The Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation;

4. The Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;

5. The Content will not be unsolicited, undisclosed or unauthorized advertising;

6. The Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and

7. The Content does not bring us or the Services into disrepute.

You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Services. We reserve the right to modify or remove any Content at any time.

However, If you believe that any Content posted on the Service violates these Terms, you may report such Content through the App or by contacting the support team. You will be required to provide detailed information about the Content in question and the nature of the violation.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services.

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password, whether your password is with our Services or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of GreenKPI and its licensors. The Services are protected by copyright, trademark, and other laws of both Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GreenKPI. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use the Service only as authorized by GreenKPI. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us into disrepute.

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Links To Other Websites

Our Services may contain links to third-party web sites or services that are not owned or controlled by GreenKPI.

GreenKPI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that GreenKPI 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 web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites does not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

To the maximum extent permitted by law, you agree to indemnify and hold harmless GreenKPI, its affiliates, directors, officers, employees, contractors, and agents from and against any loss, damage, liability, cost, or expense (including reasonable legal fees) arising directly from:

1. your breach of these Terms;

2. your unlawful, negligent, or fraudulent use of the Services;

3. any data, content, or materials you input, upload, or distribute through the Services; or

4. your violation of any applicable law or third-party rights.

This indemnity applies only to the extent that the loss or damage is caused or contributed to by you and does not apply to the extent such loss or damage arises from GreenKPI's own negligence, fraud, or willful misconduct. Nothing in this clause limits any rights or remedies that cannot be lawfully excluded under applicable law.

Disclaimer

GreenKPI strives to provide reliable, secure, and continuously improving Services. While we take reasonable care to maintain accuracy and availability, the Services are provided on an “as-is” and “as-available” basis, and we cannot promise that they will always be free from errors or interruptions.

To the extent permitted by law, GreenKPI does not make any representations, warranties, or guarantees beyond those expressly stated in these Terms. Any implied warranties or conditions, such as merchantability, fitness for a particular purpose, or non-infringement, are excluded only where lawful to do so.

Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control (e.g., acts of God, internet outages, strikes, government acts). Affected party must notify the other and use reasonable efforts to resume performance.

Limitation of Liability

To the maximum extent permitted by law, GreenKPI's total liability arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees you have paid to GreenKPI in the 12 months preceding the event giving rise to the claim. Nothing in this clause excludes or limits liability that cannot be lawfully excluded under applicable law, including:

- Liability for death or personal injury caused by negligence.

- Liability for fraud or fraudulent misrepresentation; or

- Any other liability that cannot be excluded or limited under applicable law.

To the extent permitted by law and reasonable in the circumstances. For Australian users: Where the Australian Consumer Law applies to small business contracts, nothing in these Terms excludes, restricts, or modifies any statutory guarantees, rights, or remedies that cannot be lawfully excluded.

Data Protection

GreenKPI complies with all applicable data protection and privacy laws, including the EU General Data Protection Regulation (GDPR), the UK GDPR, and the Australian Privacy Act 1988 (Cth). For personal data collected directly from users (such as account information and communications), GreenKPI acts as the data controller.

For any personal data uploaded, processed, or otherwise handled on behalf of a business customer through the Services, GreenKPI acts as a data processor.

GreenKPI uses third-party service providers, including cloud infrastructure providers such as Amazon Web Services (AWS), to host and process data. These providers may process data in multiple jurisdictions. Where personal data is transferred from the EEA or the UK to a country without an adequacy decision, GreenKPI ensures that its sub-processors (including cloud providers) have implemented appropriate safeguards in accordance with Article 46 GDPR and the UK GDPR, such as the EU Standard Contractual Clauses and the UK Addendum.

Each party must comply with its respective obligations under applicable data protection laws and must implement appropriate technical and organizational measures to protect personal data from unauthorized access, use, or disclosure.

EU and UK Data Protection Representative

For matters relating to the processing of personal data under the GDPR and UK GDPR, GreenKPI has designated the following representative:

Name: Johanna Kloot

Position: Chief Executive Officer

Email: support@greenkpi.com

If you are located in the European Economic Area or the United Kingdom and have questions about how we process your personal data, you may contact our representative at the details above.

Governing Law and Dispute Resolution

These Terms, and any disputes or claims arising out of or in connection with them or the Services (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of Queensland, Australia. The courts of Queensland, Australia shall have exclusive jurisdiction to settle disputes, unless the parties have previously agreed in writing to submit the dispute to arbitration, in which case arbitration shall replace court proceedings. Notwithstanding the above, nothing in these Terms limits either party’s obligations under applicable law in the European Union, United Kingdom, or any other jurisdiction in which they operate.

Changes

GreenKPI app reserves the right, acting reasonably and in good faith, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically review these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.

Please note that you will not be allowed to use The Service without prior acknowledgement and acceptation of these Terms and Conditions.