Terms of service

Terms of Service have been updated on 24 October 2023.

1 Purpose

1.1 These Terms of Service ("Terms") govern the relationship between you and Aila.Earth Oy (hereinafter "Aila" or "us" or "we" or “our”) and your use of our, centralised online platform (“Platform”) through which companies can calculate their carbon footprint, make product and service purchases with clear environmental impact, as well as communicate and report on their climate responsibility to relevant stakeholders (“Service”). Our entire offering is expressly directed to business clients, i.e., legal persons or partnerships with legal capacity, acting in the exercise of their commercial professional activity when concluding the legal transaction, any offering to consumers being expressly excluded.

1.2 By accessing or using the Service, you agree to be bound by these Terms, and doing so will form an agreement between us and you. If you use our Services, or purchase third-party services through our Platform, on behalf of an entity or organization, you are binding that organization to these Terms and the terms of the Service Providers, and you represent that you have the authority to do so. We may verify your authorization to represent the organization.

2 Our Service

2.1 Carbon Footprint Assessment: Our Platform provides you with our carbon footprint calculator to assist in determining your carbon footprint as the first step towards understanding your environmental impact. If you already know your carbon footprint, you can input it into the Platform or purchase a consultation from us or our partner to obtain it. Service will be provided in accordance with generally accepted standards in the industry.

2.2 Carbon Reduction Solutions: As a subsequent step, our Service facilitates the discovery and procurement of carbon-neutral alternatives, and other services and solutions with positive environmental impact for the third-party products and services essential to your business operations, aiding in direct CO2 emissions reduction.

2.3 Climate Responsibility Reporting Tools: Lastly, we offer ready-to-use and user-friendly tools to effortlessly communicate and report your climate responsibility to your desired stakeholders, simplifying your engagement in climate-conscious practices.

2.4 We may, together with our Service Providers, provide consulting services to assist you with assessing and communicating your carbon footprint and possible other services. The fees and scope for these consulting services shall be agreed upon separately.

3 Your Use of the Service

3.1 Subject to the payment of applicable fees, if any, and subject to these Terms, you are granted a non-exclusive, non-transferable, non-assignable, revocable limited right to use the Service as specified in these Terms for the time period separately agreed upon between you and Aila.

3.2 The reporting is based on the information provided by you or the Service Providers during our calculation. You agree that the information provided by you is accurate.

3.3 You acknowledge that the Services are advisory in nature and all actions and judgments taken by you in connection with the Services is your sole responsibility.

3.4 You agree to use our Service in compliance with these Terms and all applicable laws and regulations.

4 Ownership and Use of Data and Data Protection

4.1 You retain ownership of all data you provide or upload to our Service. By using our service, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, transmit, and display such data as necessary to provide the service to you and to analyse it for our own commercial business purposes, and share with our Service Providers.

4.2 We will only process and use your data: (a) to provide, protect, and update the Services, (b) to enforce these Terms and exercise our rights hereunder, (c) as required by law, and (d) as otherwise instructed by you. We may collect and use your data on an aggregated and/or anonymized basis for our business purposes; provided that we will not use or share this data in a way that identifies any individual or Customer as the source of the data.

4.3 To further the cause of sustainability awareness and enrich your experience, we may collaborate and share data with the Service Providers focused on company data and sustainability insights.

4.4 The processing of your personal data is governed in the agreement between us and the company you represent or from which your employer is buying services from and in our Privacy Policy available at https://www.aila.earth/en/privacypolicy.

4.5 We will maintain an industry-standard information security program that consists of technical and organizational safeguards designed to protect your data. Notwithstanding the foregoing, you are responsible for maintaining the security and confidentiality of your user accounts, including account credentials such as usernames and passwords.

4.6 We may use subcontractors to assist in providing the Services, provided that: (i) subcontractors who receive your data will be subject to confidentiality obligations no less protective than those that we generally apply with our customers; (ii) we will remain responsible for our obligations under these Terms and for subcontractors’ use of your data; and (iii) agreement between us and the company you represent or from which your employer is buying services from will govern any sub-processing of personal data.

5 Third-Party Services

5.1 To provide you with the best possible solutions, each third-party service provider is hand-picked by us based on a careful case-by-case evaluation (“Service Provider”).

5.2 Our Service provides you with the ability to search for and communicate with Service Providers. Our Service may contain advertisements from our Service Providers.

5.3 We are not responsible for the information of the third-party services available in our Service or data; the accuracy and reliability of such information are the responsibility of the Service Providers. While we strive to verify the information provided, we cannot guarantee its accuracy.

5.4 Purchases may be conducted on the Platform, directly through the Service Providers’ services, or by them contacting you.

5.5 We provide recommendations; however, the agreements, as well as any further communication regarding the services, are conducted directly between you and the Service Providers. They may require additional information to enter into to the agreement. We do not act as a reseller nor are we responsible for any of the services provided by the Service Providers or their actions. We cannot guarantee that any agreement will be concluded between you and the Service Providers.

5.6 Third-party services available on our Platform are subject to their own terms and privacy policies. You are responsible for reviewing those terms and privacy policies before accessing third-party services.

6 Intellectual Property Rights

6.1 Title, ownership rights, trademarks, copyrights, patents, and all other intellectual property rights in the Service, as well as in the reports, certificates related to our carbon footprint assessments within the platform remain with Aila and/or our licensors. We reserve all rights not expressly granted to you.

6.2 If you provide us with your logo, you hereby grant us a non-exclusive, revocable, worldwide, royalty-free license to use your trademark within our Service for the purpose of displaying it in connection with the Services provided to you. This license does not grant us any additional rights to your trademark, and all goodwill generated from the use of your trademark within our Service will accrue to your benefit. You represent and warrant that you have the necessary rights and permissions to grant this license for the use of your trademark, and that the use of your trademark as contemplated herein does not and will not infringe on the rights of any third party.

6.3 If you provide feedback to us, we may use it without restriction or obligations.

7 Confidentiality

7.1 We will treat all data you provide or upload to our Service as confidential and will use reasonable measures to protect it from unauthorized access, use, disclosure, or destruction. We will not disclose your data to any third party unless required by law or as necessary to provide the Service to you.

8 Reference

8.1 We have a right to use the name and logo of the entity you represent in our website, and in other promotional and marketing materials.

9 Restrictions

9.1 You will not and will ensure your users do not: (a) reproduce, modify, adapt, or create derivative works of the Services; (b) rent, lease, distribute, sell, transfer, or sublicense the Services to a third party except as permitted in these Terms; (c) interfere with, disrupt, or circumvent any security measures or mechanisms designed to protect the Services; (d) reverse engineer, disassemble, decompile, or seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs of Services; (e) remove or obscure any proprietary or other notices contained in the Services; (f) harass, threaten, or cause distress, unwanted attention, or discomfort to a person or entity; (g) impersonate or falsely state or misrepresent an affiliation with anyone; (h) use the Services to transmit any viruses, worms, trojan horses, or other harmful or malicious code or programs; (i) use the Services to build competitive products; or (j) misuse the Services in any way, including in violation of these Terms or applicable law. Any use of data mining, robots, or similar data gathering and extraction tools or framing all or any portion of the Services without our permission is strictly prohibited.

10 Limited Warranty and Disclaimer

10.1 THE SERVICE IS PROVIDED "AS IS", WITHOUT ANY WARRANTY OTHER THAN WHAT IS EXPLICITLY STATED HEREIN. AILA, ITS LICENSORS DO NOT GUARANTEE THE SERVICE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. AILA AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, AVAILABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE.

10.2 WE ARE COMMITTED TO PROVIDING THE PLATFORM CONTINUOUSLY, ALTHOUGH 100% UPTIME CANNOT BE GUARANTEED. WE WILL USE OUR BEST EFFORTS TO ADDRESS ANY ISSUES THAT ARISE AND TO RESOLVE THEM PROMPTLY AND EFFECTIVELY AND UPDATE OUR SERVICE CONTINUOUSLY. AILA DOES NOT WARRANT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE IS FREE OF ANY COMPUTER VIRUSES OR OTHER SIMILAR HARMFUL MALWARE. AILA SHALL NOT BE RESPONSIBLE FOR ANY COSTS THAT RESULT FROM YOUR USE OF THE SERVICE WHICH CAUSES THE NEED OF REPLACING OR SERVICING YOUR EQUIPMENT OR LOSS OF PROFITS OR DATA.

10.3 Some jurisdictions do not allow the limitation or exclusion of express or implied warranties, so the above exclusion may not apply to you, and you may have other rights, which may vary according to your jurisdiction.

11 Limitation of Liability

11.1 IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TORT OR CONTRACT, SHALL AILA, ITS EMPLOYEES, OR OFFICERS, ITS LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR FILES, DEVICE OR APPLICATION NON-PERFORMANCE, FAILURE OR MALFUNCTION, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, RELATED DOCUMENTATION OR THIRD-PARTY SERVICES, EVEN IF AILA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 AILA’S AND ITS LICENSORS' MAXIMUM AGGREGATE LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU OR THE COMPANY YOU REPRESENT FOR THE SERVICES. IN CASE OF DAMAGE RESULTING FROM A FAILURE OF THE SERVICES LEADING TO LOSS, CORRUPTION, UNAUTHORIZED DISCLOSURE, OR EXTENDED UNAVAILABILITY OF THE CONTENT, THE LIABILITY SHALL NOT EXCEED THE SMALLER AMOUNT OF EITHER THE TOTAL VALUE OF THE AGREEMENT OR ONE THOUSAND EUROS (1000 EUR).

11.3 While we strive to provide you with the most accurate information about your carbon footprint through our Service and reports, the calculations are based on the information provided by you and are estimates, not exact figures. We make no representations or warranties regarding the accuracy, completeness, or appropriateness of the reports.

11.4 You acknowledge that some of the data and other content may have been collected from public sources or third-party services. We do not claim ownership of such data. Such data are provided “as is” and we make no representations or warranties regarding the accuracy, completeness, or appropriateness of the data. You agree to use the data at your own risk and to comply with all applicable laws and regulations regarding the use of public domain content. We are not liable for any harm, loss, or damage that may arise from the use of public domain content and data provided within the Service. We disclaim any responsibility whatsoever for any data within the Service regardless of who originated that content.

11.5 These Terms shall not affect the statutory rights of you or exclude or restrict liability resulting from gross negligence or wilful misconduct of Aila.

12 Indemnity

12.1 You agree to defend, indemnify, and hold harmless Aila, (and our officers, directors, employees, agents, and affiliates) from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging, or resulting from your use of the Service or breach of these Terms.

13 Termination

13.1 We may terminate your access to our Service immediately without notice if you are in breach of any of these Terms or use the Service for purposes other than those it is designed for.

14 Changes to these Terms

14.1 We may update these Terms from time to time by posting a new amended version on our website. We will attempt to give you a thirty (30) days’ notice on any material changes. Your continued use of our Service after any such changes will constitute your acceptance of the amended version. In the event you do not agree to any part of the then-current version, the agreement between us shall terminate and your use of the Service must stop immediately.

15 Governing Law and Jurisdiction

15.1 These Terms will be governed by and construed in accordance with the laws of Finland. Any disputes arising out of or related to these Terms, or the use of our Service will be subject to the exclusive jurisdiction of the courts of Finland.

16 Contact Us

16.1 If you have any concerns or questions about these Terms or our Service, please feel free to get in touch:

16.2 Aila.Earth Oy, business ID: 3340395-7, Hallakuja 6, 33960 Pirkkala, contact@aila.earth.