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Terms of Service

Version Effective Date: May 5, 2023

Welcome to this site, which is owned and operated by Anthropogenic Inc., a Delaware corporation (the “Company,” “we,” or “us”). Our mission is to reduce climate change by integrating climate data and accountability into financial instruments. The Company aggregates emissions and other data from third party sources, and makes this data available to its customers (the “Services”).

These Terms of Service (the “Agreement”) govern your use of www.anthropogenic.com, www.carbonmosaic.com (collectively, the “Website”), and the Services. By accessing the Website or using the Services, you agree to be bound by this Agreement. This Agreement is effective immediately upon your access or use. This Agreement may be subject to change in the future.

1. Services
1.1 Subject to this Agreement, the Company hereby grants you a non-exclusive right to access and use the Services and the Website. As part of the Services, the Company may provide you with certain application programming interfaces (APIs), API access tokens, HTML scripts, or other software as applicable (collectively, “APIs”), as well as third-party emissions data (the “Data”).
1.2 The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability.
1.3 The Company may monitor your use of the Services to assess compliance with this Agreement and the quality of operations of the Services and to make improvements to the Services.

2. Your Responsibilities
2.1 By accessing the Website or the Services, you confirm that you are at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Website or the Services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf.

2.2 By using the Website or Services, you may provide the Company with personal information like your email address, user name, billing information, or other data you upload to the Service. Please read our [privacy policy link to come] which explains how we use your data. 2.3 You will not use the Services to transmit or provide to the Company any medical information of any nature, or any sensitive personal data (e.g., social security numbers, driver’s license numbers, birth dates). You agree not to use the Services to communicate any message or material that infringes the intellectual property rights of any third party or is otherwise unlawful. 2.4 You are not permitted to scrape this website under any circumstances, or to otherwise aggregate its data to train a machine learning algorithm, without the express written permission of the Company.

3. Fees. The Company may charge you a fee for access to the Services. Such fees and terms may be managed by third party payment processors. In case of conflict, the terms of the third party payment processors will govern with respect to your transaction.

4. IP. The Company exclusively owns all right, title and interest in and to the Website, the Services, and the selection and arrangement of any Data that is presented. The Data may be owned by third-parties, and is sub-licensed to you by the Company. You exclusively own all right, title and interest in your data. Subject to this Agreement, the Company hereby grants you a non-exclusive, non-sublicensable right and license to use the Services, the Website, and the Data.

5. Warranties and Disclaimers
5.1 The Company makes no warranties as to the accuracy, completeness, or fitness of the Data. The Company has no obligation to ensure the Data is correct or valid. Please use the Data at your own risk.
5.2 EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER’S USE OF THE SERVICES IS AT CUSTOMER’S SOLE RISK. THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

6. DMCA Copyright Infringement Notices and Counternotices

We have implemented the procedures described in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, regarding the reporting of alleged copyright infringement and the removal of or disabling access to the infringing material. If you have a good faith belief that copyrighted material on the Services is being used in a way that infringes the copyright over which you are authorized to act, you may make a Notice of Infringing Material.

Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. For example, if your Notice fails to comply with all requirements of sections 512(c)(3), your Notice may not be effective.

Notices must be sent to:
DMCA Agent: Takedowns
Anthropogenic Inc.
Address:
Email: takedowns@anthropogenic.com

7. Limitation of Liability. Except for a party's gross negligence, willful misconduct or infringement or misappropriation of the other party's intellectual property rights, to the maximum extent permitted under applicable law, under no legal theory, whether in tort, contract, or otherwise, will either party be liable to the other under this agreement for any indirect, special, incidental, consequential or punitive damages, including damages for loss of use, lost profits or interruption of business, even if informed of their possibility in advance.

8. General Terms

8.1 The term of this Agreement will commence on the Effective Date and continue until your use of this Website or the Services stops, or until terminated by the Company.
8.2 Upon expiration or termination of this Agreement (a) all rights and obligations will immediately terminate except that any terms or conditions that by their nature should survive such expiration or termination will survive, including the terms and conditions relating to payment and IP.
8.3 The Company will not use your name or trademarks in any publicity (e.g., use of Customer name and/or logo in marketing materials, press releases, customer references and case studies) without your prior written consent.
8.4 Neither party hereto may assign this Agreement without the other party’s prior written consent, except that either party may assign this Agreement without consent to a successor to all or substantially all of its assets or business related to this Agreement.
8.5 No amendment or modification to this Agreement, nor any waiver of any rights hereunder, will be effective unless assented to in writing by both parties.
8.6 If a court of competent jurisdiction determines that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this Agreement will remain in full force and effect and bind the parties according to its terms.
8.7 This Agreement will be governed by the laws of the State of California, exclusive of its rules governing choice of law and conflict of laws. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
8.8 This Agreement comprises the entire agreement between you and the Company with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements (oral and written). No oral or written information or advice given by the Company, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement.