Terms of Use

Effective Date: January 1, 2025

Welcome to CarbonBright! These Terms of Use ("Terms") are a binding agreement between you ("you" or "User") and CarbonBright, Inc. ("CarbonBright," "we," or "us"). These Terms govern your access to and use of our website (https://carbonbright.co), and any services, content, or features made available through the Website.

Note: Access to and use of CarbonBright's software platform is governed by a separate Master Services Agreement (MSA) entered into by each customer. In the event of a conflict between these Terms and the MSA, the MSA will control with respect to the use of our software platform.

1. Eligibility

You must be at least 18 years old to use this Website. By accessing or using our Website, you represent and warrant that:

  • You are at least 18 years old;
  • You have the right, authority, and capacity to enter into these Terms;
  • You are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country;
  • You are not on any U.S. government list of prohibited or restricted parties.

2. Changes to the Terms

We may revise these Terms at any time. We will post updated Terms on this page with a revised effective date. Continued use of the Website after changes become effective indicates your acceptance of the revised Terms. Please review this page regularly.

3. Privacy

Our Privacy Policy explains how we collect, use, and safeguard your data. It is incorporated into these Terms by reference.

4. User Conduct and Prohibited Uses

You agree to use the Website lawfully and responsibly. You may not:

  • Use the Website in any way that violates applicable law;
  • Harass, abuse, defame, or harm others;
  • Upload or distribute viruses, malware, or harmful code;
  • Attempt to gain unauthorized access to any portion of the Website, our systems, or data;
  • Use scraping tools, bots, or automated means to access the Website;
  • Use the Website to send spam or solicitations;
  • Impersonate others or misrepresent your identity.

We reserve the right to monitor user activity and remove or restrict access for any conduct that violates these Terms.

5. User Content

You retain ownership of any content you submit to the Website ("User Content"). By submitting content, you grant CarbonBright a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, and display your User Content to operate and improve our services. You represent and warrant that you have the right to grant this license and that your content does not infringe the rights of others.

We reserve the right to remove or disable any content that violates these Terms or applicable law.

6. Intellectual Property

All content on this Website, excluding User Content, is owned or licensed by CarbonBright and protected by intellectual property laws. You may not copy, modify, distribute, or reproduce any part of the Website without express permission, except as expressly allowed for personal, non-commercial use.

7. Access and Account Security

You are responsible for maintaining the confidentiality of your account credentials, and for all activities under your account. Notify us immediately of any unauthorized access or security breach. We are not responsible for any loss or damage resulting from your failure to safeguard account credentials.

8. Suspension and Termination

We may suspend or terminate your access to the Website, with or without notice, if you violate these Terms or applicable law. Upon termination, you will lose access to any User Content stored on our systems and we reserve the right to delete such content.

9. Third-Party Links

The Website may contain links to third-party websites or resources. We do not control or endorse these sites and are not responsible for their content or availability. Your use of third-party websites is at your own risk.

10. Payments and Taxes

If CarbonBright offers paid services or subscriptions via the Website, fees, payment terms, and renewal policies will be disclosed during checkout. All payments are final unless stated otherwise. You are responsible for any applicable taxes.

11. Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis. CarbonBright disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Website will be error-free or uninterrupted.

12. Limitation of Liability

To the fullest extent permitted by law, CarbonBright shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or business, arising from or related to your use of the Website. Our liability shall in no case exceed the amount paid by you (if any) for accessing the Website in the 12 months prior to the claim.

13. Indemnification

You agree to indemnify and hold harmless CarbonBright and its affiliates, officers, directors, and employees from any claim or demand arising out of your use of the Website, your violation of these Terms, or your infringement of any third-party rights.

14. Copyright Policy

We comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted material is being used unlawfully on our Website, please contact us at legal@carbonbright.co with all required information.

15. Communications and Notices

By using the Website, you consent to receiving communications from us electronically. We may send notices by email or by posting to the Website.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes shall be brought in the courts located in Delaware, unless otherwise required by law.

17. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary. The remaining provisions remain in full force. These Terms constitute the entire agreement between you and CarbonBright.

You may not assign these Terms without our prior written consent. We may assign or transfer our rights under these Terms without restriction.

For questions, contact: legal@carbonbright.co

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