General Terms and Conditions of The Mother Nature GmbH
§ 1 General
The Mother Nature GmbH (hereinafter also referred to as "The Mother Nature") offers users the opportunity to record their own greenhouse gas emissions ("CO2 equivalents" or "CO2e") in the areas of mobility and travel, housing and energy, nutrition, consumer goods and leisure with the help of a mobile application ("app") on their smartphone or tablet, using a CO2-Wallet where they can track and compare their CO2 balance. In addition, they can read engaging articles and curated stories about the climate and living a sustainable lifestyle in the Discover section.
§ 2 Scope
(1) The following terms and conditions apply to all interactions and transactions that users make via the websites operated by The Mother Nature GmbH (such as https://emyze.com/ and https://emyze.com) or the app.
(2) Users are persons who use the App or the websites of The Mother Nature, i.e., among other things but not exclusively, interact with the CO2 Wallet, retrieve information and tips on how to save CO2e emissions and use the community features. You can also take advantage of paid content services. The individual steps for purchasing paid services can be found in the descriptions within the app or in the third-party app stores.
(3) The functions of the website and the app can be changed or removed at any time and without prior notice for everyone or for individual users only.
(3) The contractual partner for users is The Mother Nature GmbH. The Mother Nature may use third party companies to fulfill its obligations under the contract and assign rights and claims under the contract to third parties (e.g. by way of involving financial companies to collect and process payments).
(4) These General Terms and Conditions can be viewed at any time on websites and apps of The Mother Nature. An explicit declaration of consent is technically a mandatory requirement for the creation of a user account by users. The use of the features of the apps of The Mother Nature is only possible after creating an account.
§ 3 Registration of a User Account
(1) In order to use the functions of the app, users must download the app and then register with either an existing Google Account, with Sign in with Apple or by email and using a Magic Link. For this purpose, users will be redirected to the platforms after clicking on the respective registration method in order to complete the registration. In doing so, they actively accept the applicable terms of use and privacy policy. To verify the account, a confirmation e-mail will be sent to the e-mail address provided.
(2) Users can delete the user account independently in the app. In the case of registration with an existing account of a third-party provider (e.g. Apple or Google), the deletion request must be sent from the e-mail address of the linked account.
The Mother Nature GmbH reserves the right to check such requests in detail and to demand further proof of authorization from the sender when receiving such an email for deletion.
(3) The Mother Nature GmbH reserves the right, at its own discretion, to delete the account of a user in case of conspicuous or inappropriate behavior. This refers, for example, but not exclusively, to unpaid fees or inappropriate messages or the "spamming" of other users - that is, the sending or publishing of excessive messages and posts that can be perceived by others as a harassment..
(4) Upon deletion of an account, The Mother Nature may retain any payments made and will not be required to make any refunds.
§ 4 Use of the CO2 Wallet
(1) The Mother Nature offers users the possibility first and foremost to get an overview of their CO2 emissions and to transparently compare products and activities with regard to their CO2 balance. The emissions can be automatically or manually added to the personal CO2 wallet with the help of an intelligent search function. The app offers CO2 comparison data in the areas of mobility and travel, housing and energy, nutrition, consumer goods as well as leisure. The CO2 database has been developed based on scientific sources and research findings (including studies by the ifeu Institute or with partners such as Eaternity). The Mother Nature assumes no liability for the accuracy of the calculations of personal greenhouse gas emissions.
§ 5 Use of the Community
(1) The "Community" allows users to compare and measure their own emissions and savings with those of other users of the app or specific persons in a private group.
By registering as a user, one is automatically part of the community and the emission data can be viewed by other users in an anonymous and aggregated form.
§ 6 Rights and Obligations of the User
(1) The services available from The Mother Nature are provided to the User only for private and not for commercial purposes. The account created may not be transferred to third parties.
(2) The app is a software program protected by intellectual property rights and the user receives a simple, non-exclusive and non-transferable and revocable right for personal use.
(3) The user is not permitted
(3.1) to provide access to the app to third parties, e.g. to an undefined group of people by using the services in public places (e.g. cinemas, exhibitions, hotels etc.)
(3.2) circumvent any paid service access control systems or otherwise gain unauthorized access to use the services
(3.3) post on or distribute through The Mother Nature any content that is unlawful, malicious, misleading, pornographic, discriminatory, racist, offensive, threatening, ethically objectionable, obscene, inciting, glorifying violence, xenophobic or otherwise abhorrent and/or objectionable, as well as free of viruses, worms, Trojan horses or other harmful malicious code that may compromise or impair the functionality of the app.
(4) When using the services of The Mother Nature, the user must take into account any contractual agreements with third-party providers, in particular the app store operator or his/her Internet access provider.
§ 7 Data Privacy
Details on the protection of and use of the data provided by the user by The Mother Nature can be found in our Privacy Policy. The privacy policy forms an integral part of these GTC.
§ 8 Prices and Terms of Payment
(1) The prices stated include the respective value added tax applicable to the products. Depending on the country of purchase, the prices are stated in the local app stores in the respective local currency and are to be paid as such.
(2) The Mother Nature provides an overview of the available fee-based services, their scope of services, duration and fees. The fee to be paid for the use of a paid service can be found in the respective offer presentation, in which the scope of services and any limitations can also be found. The payment of the fee only entitles the user to access the services that are visible or available in the offer presentation.
(3) The payment is collected by Stripe after completion of the purchase; via credit card immediately and via SEPA direct debit usually within the next two banking days. The debiting of the account or credit card depends on the processing of the customer's payment service provider.
(4) In principle, the payment methods credit card, Apple Pay and Google Pay are possible. However, the payment methods may vary. The Mother Nature GmbH reserves the right to add new payment methods or to remove existing payment methods at any time. Customers have no right to participate in any particular payment method.
(5) If fees cannot be collected, the user shall bear all costs arising from this, insofar as he/she is responsible for the event that causes the costs. If the user does not pay fees or if payments made are charged back, The Mother Nature is entitled to block access to any or all of The Mother Nature's services.
§ 10 Cancellation Policy
(1) In the event that customers are consumers pursuant to § 13 of the German Civil Code (BGB), i.e. make the purchase for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity, customers shall have a right of cancellation in accordance with the following provisions:
(2) Customers have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the customer or a third party designated by the customer has entered into the contract.
(3) In order to exercise the right of cancellation, customers must contact us, The Mother Nature GmbH, at the following address
The Mother Nature GmbH
Sanderstr. 22
12047 Berlin
[email protected]
by means of a clear declaration (e.g. a letter sent by mail or e-mail) about their decision to cancel this contract. Customers may use the sample cancellation form attached below for this purpose, which is, however, not obligatory.
(4) In order to comply with the cancellation period, it is sufficient for customers to send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
§ 11 Sample Cancellation Form
To
The Mother Nature GmbH
Sanderstr. 22
12047 Berlin
[email protected]
I/we hereby cancel the contract concluded by me/us for the purchase of the following goods:
Ordered on :
E-mail address:
Name of user(s):
Address of user(s):
Signature of user(s) (only in case of paper communication):
Date:
Remove if inapplicable.
§ 12 Place of Jurisdiction
If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction is agreed to be the registered office of The Mother Nature GmbH.
§ 13 Severability Clause
If one or more provisions of these General Terms and Conditions are not legally effective in whole or in part or lose their legal effectiveness, this shall not affect the effectiveness of the remaining provisions.