GENERAL TERMS OF USE FOR THE APP AND WEBSITE OF EEVIE GMBH

[As of March 2023]

These general terms of use ("GTC") are valid for the use of the 'Eevie - Your Climate Guide' App ("eevie-App") and website provided by the eevie GmbH, Rather Straße 49 d, 40476 Düsseldorf ("eevie") under the domain www.eevie.io (together "eevie services"). The provision of the eevie services is free of charge and exclusively on the basis of these GTC. With the download of the App, but at the latest with the start of the use of the eevie services, the User ("User") declares his agreement with the validity of the current version of these GTC. These GTC can be downloaded and saved here.

These GTC are exclusively addressed to consumers. You are a consumer, as far as the purpose of the use of the eevie services can be attributed neither to your commercial nor to your independent professional activity (Sec. 13 German Civil Code). These GTC are valid for consumers who participate as employees in the framework of the eevie Impact Partner Program ("EPP") as well as for Users who use the eevie services only personally and not because of the participation of their employer in the EPP. The use of the eevie services for commercial purposes is not allowed. These GTC are explicitly not valid for companies that participate in the EPP ("EPP Partners"). For this, please refer to the General Terms of Use for the EEVIE Impact Partner Program. 

1. Content of the eevie services

   1.1 Eevie provides the User with the eevie services free of charge via the internet (exceptions see paragraph 1.2.). The exact content and the functional range of the eevie services result from the description on the website and in the App. The eevie services include in particular, but not exhaustively, the following possibilities of use:

• Selection options of different climate-relevant habits of the User

• Setting targets for the reduction of the ecological carbon footprint

• So-called 'nudges' and reminders from the User, which are intended to contribute to the implementation of the defined goals and a more environmentally friendly everyday life (positive influence on environmentally relevant decisions)

• Tips for reducing the ecological carbon footprint

• Tracking and measuring progress towards reducing the carbon footprint

• Overview of objectives achieved and progress towards objectives

• Comparison of progress with other Users

  1.2 As part of the eevie services, it is also possible to commission eevie and its planting partner Eden Reforestation Projects (www.edenprojects.org) to plant trees in Nepal, Madagascar, Haiti, Indonesia, Kenia, Nicaragua, Honduras and Mozambique to offset one's carbon footprint. This service is subject to a fee. In the "Trees" section of the app, the User can select a number of trees at the price indicated there and commission the planting against payment of the specified fee. Payment options available to the User are payment by credit card, Google Pay or Apple Pay. The User may be redirected to the page of the respective payment service provider where he/she must enter his/her contact and payment data. 

  1.3 Eevie reserves the right to modify or to extend the contents and the structure of the eevie services as well as the User interfaces belonging to it, if the fulfilment of the purpose of the eevie services is not or not considerably affected by this. Eevie will inform the Users about the modifications accordingly.

  2. Functionality and Availability

  2.1 A claim of the User for a permanent and uninterrupted functionality of the eevie services does not exist. Eevie tries, however, to reach the highest possible availability and to solve disturbances as well as network or device failures as soon as possible.

  2.2 Eevie has the right to stop the eevie services temporarily, totally or partially, scheduled or unscheduled, in particular in order to eliminate program errors, to repair, to maintain and/or to improve the App and the website, or in order to eliminate disturbances. In principle, there is no individual notification of the User. However, eevie will inform the User in time and in a suitable way about scheduled and longer lasting failures, either on the homepage https://www.eevie.io, by email or push messages.

  2.3 In order to ensure the continuous and functional use of the eevie services, it can be necessary that the User downloads new software versions.

  3. Duties of the User

  3.1 The User is only authorized and obliged to use the eevie services exclusively for their contractual purposes. Any other use is forbidden.

  3.2 The use of the eevie services is possible without the creation of a User account. The registration of the User by creating a User account is optional and free of charge for the User.

  3.3 By creating a User account, the User can access the eevie services from different devices and receives any information concerning the User account (confirmation of registration, confirmation of a tree purchase, etc.) directly on his deposited email address. Apart from that, the use of the eevie services does not differ from the use without a User account. 

  3.4 If the User creates a User account, the User is requested to define a user name and a password and to register. After the registration process, the User receives a confirmation email from eevie with which he can verify the registration by means of a link.

With regard to the User account, the following provisions shall apply in addition:

a) The User provides eevie with all the necessary information and personal data completely and correctly.

b) The User is required to update the information and data provided without delay in order to keep it correct, up-to-date and complete at all times.

c) The User has to keep his user name and his password safe and confidential. He is not allowed to communicate this data to third parties or to allow them the access to eevie services. The User bears the sole responsibility for the confidentiality and security of his user account. Furthermore, the User bears the sole responsibility for any use of his user account, no matter if the use is made by himself or by a third party without his agreement. The User has to inform eevie immediately about an unauthorized use by third parties or other security breaches.

d) The User is obliged to keep his user account active, i.e. the User has to log in regularly in order to avoid a disturbance or the loss of the access to his User account. If the User does not comply with this, eevie has the right to close and delete this inactive user account after an adequate period of time. The User is hereby informed that all the information of the user account is no longer accessible. Eevie tries to inform the User before the deletion of the user account. 

3.5 The User is obliged to ensure the technical conditions for the use of the eevie services himself. An internet connection with sufficient bandwidth and latency is the responsibility of the User.

4. Use within the Framework of the EPP

4.1 The use of the eevie services is also possible for the User within the framework of the participation in the EPP.

4.2 In order to participate in the EPP, the User has to download the eevie app on his mobile device, register and create a user account. 

4.3 Furthermore, the User receives an access code from his employer by invitation to participate in the EPP, which connects the user account with the respective EPP. The User has to enter this code in a button in the "Community" area in the app, which enables the use of the eevie services within the EPP and the access to the individualized company area of the respective EPP partner. 

4.4 In addition to the usual services within the framework of the eevie services, the User receives the possibility to collect seeds as a reward for tracked climate actions and to participate in internal challenges and actions of the respective EPP partner when using the eevie services within the framework of the EPP. The User does not incur any costs. Billing takes place solely between eevie and the EPP partner. 

5. Scope of the Rights of Use

5.1 For the purposeful use of the eevie services, eevie grants to the User, according to these GTC, a non-exclusive, simple, non-transferable, temporally limited, non-sublicensable and revocable right for the use of the App and/or the software on which it is based. For the rights of use of any integrated third-party systems, the regulations of the respective provider apply.

The User is not allowed and he commits himself to refrain and not to allow third parties to copy (unless this is expressly allowed within the framework of these GTC), to decompile, to reverse engineer, to disassemble, to modify the eevie services or any services provided by eevie, or parts of them, attempt to derive the source code or create derivative works of the eevie Services or any services or parts thereof included in the eevie Services (unless and only to the extent that any of the aforementioned restrictions are prohibited by law or permitted by the licensing terms that govern the use of any open source components that may be included in the eevie Services).

5.2 The eevie services are to be used in such a way that no impairments, overloads or damages occur. The purpose pursued with the eevie services must not be endangered or circumvented by the use of the User. It is forbidden to the User to bypass or to change the security measures of the eevie services by himself or by a third party.

6. Termination and Exclusion of Use

6.1 The use of the eevie services can be cancelled at any time and without giving reasons by both parties with immediate effect. For this purpose, it is sufficient for the User to delete their account. The reciprocal rights and obligations from further contractual provisions between the User and eevie remain untouched.

6.2 The User may be temporarily or permanently excluded from the use of all or part of the services if he/she seriously violates the obligations arising from the law and/or the applicable contractual agreements, including these GTC.

6.3 eevie reserves the right to delete the User account and/or to change or to delete the contents transmitted by the User, as far as the User violates legal regulations, these GTC or other applicable contractual agreements. Possible claims for damages remain untouched. 

7. Liability

7.1 Eevie is liable for damages, independently of their legal character, including the violation of contractual obligations or tort, exclusively in the following cases:

a) wilful misconduct;

b) Death or bodily/health injury;

c) Non-fulfilment of an expressly assumed guarantee;

d) insofar as statutory provisions provide for strict liability;

e) as far as it is no longer reasonable for the User to accept the fulfilment of the contractual obligations of eevie in case of violation of any other obligation in the sense of Sec. 241 paragraph 2 BGB;

f) gross negligence; and/or

g) insofar as liability has not already arisen in accordance with the above paragraphs a) to f), in the event of a breach of an essential contractual obligation.

Otherwise, the liability of eevie is excluded. In these GTC, an "essential contractual obligation" is (i) a contractual obligation which protects an essential contractual position of the User, which represents an essential sense and purpose of the contract, and/or (ii) a contractual obligation, the fulfilment of which enables the proper execution of the contract in the first place and on the fulfilment of which the User may regularly trust.

7.2 In the aforementioned cases of the clauses 6 (1) (d) to (g), eevie is only liable for the damages that are typical of the contract and foreseeable.

7.3 The exclusion and/or the limitation of the liability of the aforementioned regulations of the clauses 6 (1) and (2) are valid in the same way in relation to the actions of the legal representatives, leading and other employees, fulfilment assistants as well as subcontractors of eevie. Eevie does not assume any liability for the employees or other auxiliary personnel that are assigned by the User with the fulfilment of the contractual obligations of eevie; the User exempts eevie from all the expenses and claims of third parties due to damages that are caused by such persons. This is not valid if these persons are considered as own auxiliary personnel of eevie.

7.4 The above provisions shall not be interpreted as a reversal of the burden of proof.

7.5 Eevie is not responsible for a non-fulfilment of its obligations, as far as this non-fulfilment is based on circumstances outside the sphere of influence of eevie (force majeure). As long as the force majeure exists, the fulfilment of the obligations of eevie is suspended. If the fulfilment of the contractual obligations of eevie is impossible due to force majeure for a period of more than 30 days, each party can withdraw from the contract without judicial intervention and without an obligation to compensate the damage of the User.

8. Data Protection

All personal data in the context of the use of the eevie services are exclusively processed according to the provisions of the European and German data protection law. More information about the scope of the data processing can be found in the privacy policy applicable to the eevie services.

9. Final Provisions

9.1 The User is not entitled to assign these GTC and the rights granted and obligations assumed therein.

9.2 These GTC exclusively regulate the use of the eevie services provided by eevie. Individual agreements that differ from these GTCs need to be confirmed in writing by eevie in order to be effective. 

9.3 Conflicting or deviating general terms and conditions of the User are not applicable, even without eevie contradicting separately the general terms and conditions of the User. 

9.4 eevie reserves the right to modify these general terms and conditions, as far as this is reasonable for the User. If the User does not make use of his right of cancellation within three weeks after the announcement of a modification, his agreement with the modifications is considered as given. The right of termination shall be pointed out again separately within the scope of the announcement. The currently valid GTC can be viewed online here.

9.5 These GTC are subject to German law. The exclusive place of jurisdiction for all legal disputes arising from and/or in connection with these GTC shall be Düsseldorf, insofar as legally permissible.

9.6 Should one or more provisions of this agreement prove to be invalid, void or unenforceable, this shall not affect the remaining provisions. The invalid, void or unenforceable provision shall be replaced by such valid and enforceable provision that comes as close as possible to the economic purpose and the presumed intention of the parties of the invalid, void or unenforceable provision. This applies accordingly to a loophole in the contract.