General Terms & Conditions of The Mother Nature GmbH
1. Contractual Relationship
1.1. General, Scope of Application
1.1.1. This document contains the General Terms and Conditions ("GTC") under which The Mother Nature GmbH, Sanderstr. 22, 12047 Berlin, [email protected] (hereinafter also "The Mother Nature") provides services to end users (hereinafter also "Users"), in particular those related to the mobile sustainability app Emyze (hereinafter "Emyze" or "App").
1.1.2. These GTC also apply to service offerings that will be created by The Mother Nature in the future. The Mother Nature offers the App and other services only on the accordance of these GTC.
1.1.3. With the adoption of these GTC, previous general terms and conditions of The Mother Nature are replaced.
1.1.4. The Mother Nature rejects the validity of any other terms and conditions.
1.1.5. The use of the app functions requires the creation of a user account. Users are authorized to use the app as intended.
1.1.6. The basic version of the app is free of charge. The Mother Nature reserves the right to also offer usage options for which a fee is charged.
2. Subject of the Contract
2.1. The app is intended to enable individuals to gain transparency into their everyday greenhouse gas emissions, compare them, and learn about ways to reduce their emissions.
2.2. The App will provide regularly updated educational content.
2.3. The App is provided as published by The Mother Nature. The Mother Nature does not guarantee any functionalities or features of the App.
2.4. Descriptions of the functional scope of the App in these T&Cs are therefore purely informative. The calculations of the App are based on data which have been compiled and scientifically processed by leading organizations. In particular, The Mother Nature does not guarantee the completeness and accuracy of this data or the accuracy of the statements made in the app, especially the calculations of greenhouse gas emissions and the associated information on costs and savings. The same applies to the educational content offered in the app. Also, The Mother Nature will adjust the basis of calculation from time to time as further findings are added to the calculation methodology and/ or new data is incorporated.
2.5. The App may contain links and integrations to other external sites, the content of which cannot be influenced by The Mother Nature. Therefore, it cannot be ruled out that the linked content may be changed at a later date by the respective providers.
2.6. Users of the App will occasionally receive further information on the topic of emission reduction from The Mother Nature via e-mail.
2.7. The Mother Nature offers companies the possibility to provide their own user groups (e.g. employees) with access to Emyze with extended functions and/or special content (modules). In this case, users selected by the company will receive an access key (e.g. access code) from the company with which they can then use the app as purchased by the company. In this context, The Mother Nature plans to set up a dashboard that can be made available and accessed as a web application via the Internet. The company would then also be able to grant their users access to the dashboard if required.
3. Registration, User Account, Adding Paid Features
3.1. The use of the app requires a registration.
3.2. Multiple registrations by the same natural person are not permitted. There is no right to registration. The Mother Nature is entitled to reject a registration without giving reasons.
3.3. User accounts are not transferable and may only be used by the user.
3.4. Incorrect information entries can be corrected at any time before they are saved. After completing the registration, users can still correct any information except for their e-mail address in their "Profile".
3.5. With the completion of the registration of a user account, the contract for the use of the app between the user and The Mother Nature, comes into force according to these terms and conditions.
3.6. The text of the contract is not saved by The Mother Nature. These GTC are available to the user for download in the app and on the website.
3.7. If the user wants to purchase paid functions in the app, he/she must enter his/her personal information in the connected checkout area and click on the button "Confirm purchase". Before placing an order, the user can check his/her information and correct any input errors either directly in this overview or by utilizing the back button.
3.8. The purchase and download of a paid version or of an upgrade of the app takes place in the app store (hereinafter referred to as "app purchase"). The App Purchase is processed through the App Store. The conclusion of the contract and the payment processing shall be governed by the terms and conditions of the App Store.
3.9. The purchase of paid functions may also be possible directly in the mobile app (hereinafter referred to as "in-app purchase"). The processing of the in-app purchase is also carried out by the app store. The conclusion of the contract and the payment processing shall be governed by the terms and conditions of the app store.
3.10. The "purchase" of a paid version of the app or an upgrade and/or the order of paid functions means in principle only the granting of a right of use in accordance with the contractual provisions.
3.11. The purchase of paid functions may also be possible through the website of The Mother Nature in accordance with the information provided on the website.
4. Technical Requirements
4.1. The App is offered in Germany, as well as in some other countries, the details of which can be found in the current FAQs on the website of The Mother Nature.
4.2. The App is available for the Android and iOS operating systems and can be downloaded and installed free of charge in the respective App stores under the conditions applicable there. Delays in the provision of the app by the respective app store are outside the responsibility of The Mother Nature. Therefore, they do not justify any claims of the users against The Mother Nature nor any right of the users to terminate the contract.
4.3. The supported operating system versions will be listed by The Mother Nature in a suitable manner, but at least listed in the respective sources of the App (Google Play Store, etc.).
4.4. The prerequisite for the use of the Dashboard is an Internet-capable device with a standard and up-to-date browser software. For reasons of technical security, The Mother Nature is entitled to discontinue support for older versions or systems at any time.
5. Payment, Billing
5.1. The basic functionality of the App is free of charge for the user.
5.2. The payment for additional features that can be added for a fee is determined by the specifications in the app and / or the website of The Mother Nature.
5.3. In case of doubt, payments are due in advance by the 3rd working day of the billing period.
5.4. Invoices are to be paid within 14 days of the invoice date.
5.5. The user agrees to the electronic transmission or provision of invoices by The Mother Nature.
5.6. In case of delayed payment by the user, and after the expiration of a reasonable deadline as communicated to the user, The Mother Nature is entitled to block access to the services of The Mother Nature until payment has been received. This does not apply in the case of insignificant default amounts of up to 5% of the payment due for the service, in the case of time-based payments related to one month. The obligation to pay the agreed amount of fees as well as other claims of The Mother Nature (e.g. interest on arrears) remain unaffected by this.
5.7. The Mother Nature reserves the right to adjust the agreed upon price of a continuing subscription appropriately with a notice period of 6 weeks before the effective date, if, and to the extent that, the basis for the calculation of the price, such as the costs for personnel, material, operation and software maintenance, governmental/official taxes, levies, fees as well as costs of third party components have changed and only to the extent that the total price has changed as a result. As soon as the annual price increases by more than 10%, the user may terminate the contract with effect from the effective date of the price adjustment. The termination has to be declared at least 2 weeks before the price adjustment takes effect. The Mother Nature will point out the special right of termination in the announcement of the price adjustment. If the calculation bases mentioned in sentence 1 declines, users can demand a price reduction corresponding to the declining costs. The users can assert this claim with a notice period of 6 weeks. The respective right to termination (or alteration) of the parties shall remain unaffected by this clause.
6. User Conduct
6.1. All users are obligated to correctly and completely enter the data required for the performance of the contractual services in the user account and to keep this data up to date at all times. In particular, names are to be given truthfully.
6.2. The personal access data (incl. keys, tokens, etc.) of the users must be kept secret and protected from access by unauthorized third parties.
6.3. The users shall not pass on access to the user account (user ID and passwords) to third parties. The use of the account by third parties is not permitted. All actions and declarations made with the user's access data will be attributed to the user.
6.4. The user is responsible for actions taken under his/her account, except if he/she is not at fault for these actions. The user is liable for any use by third parties that is made possible through the user's fault. The user indemnifies The Mother Nature from any resulting damages.
6.5. Users must inform The Mother Nature immediately if there is any suspicion that the access data may have become compromised and known to unauthorized persons. Irrespective of this, users are obliged to take suitable measures themselves to avoid possible risks and minimize damage in such a case, such as immediately changing access data that has become known.
6.6. Users must ensure that messages from The Mother Nature reach them. For this purpose, the e-mail address provided must be kept up to date, spam filters and filter rules must be set properly and the mailbox must be checked regularly.
6.7. Use of the app for fraudulent purposes or in connection with a criminal offense is not permitted.
6.8. It is also prohibited to spread malware such as viruses, worms, trojans, etc. on the app.
6.9. Users are obliged to report illegal content or links to illegal content to The Mother Nature. The Mother Nature may integrate a take-down mechanism.
6.10. Furthermore, it is not permitted to create or publish one's own database that contains essential parts of the App or to otherwise automatically retrieve the contents of the App.
7. Prohibited Use
7.1. Prohibited are all uses of services by the user that could compromise the confidentiality or integrity of the information technology systems of The Mother Nature. Also inadmissible are uses that do not serve the contractually determined purposes of the services, as well as uses that exceed the typical scope of use.
7.2. The scope of use is exceeded if the actual use deviates significantly from either (i) the criteria defined for determining the scope of use or (ii) the typical, expected usage behavior of the user.
The Mother Nature does not owe any specific availability of the App in the App stores. This also applies to the content and functionalities that can be accessed via the App and to the provision of the Dashboard; for this, The Mother Nature strives for an availability of 98.5% in the calendar year within its area of responsibility. Furthermore, The Mother Nature's area of responsibility does not include, in particular, the telecommunications channels or the hardware and software environment of the users.
9. Updates and Changes to the App
9.1. The Mother Nature will provide the users with updated versions of the App, including security updates required to maintain the contractual compliance of the App as a digital product, during the term of the Agreement and will inform the users thereof.
9.2. The required Updates include security updates in addition to patches or updates to, for example, improve features, fix software bugs or other problems or to balance the App or add, remove or modify features.
9.3. The Provider shall be entitled to make changes to the application as a digital product that go beyond what is necessary to maintain conformity with the contract pursuant to § 327e (2) and (3) and § 327f of the German Civil Code (BGB), provided that this is necessary to adapt the application to a new technical environment, an increased number of users, to improve usability or for other important operational reasons. The users will not incur any additional costs. The provider will inform the users about the change.
The statutory law on liability for defects shall apply.
11.1. Regarding the liability of The Mother Nature for damages, the following provisions apply regardless of the legal basis (e.g. warranty, delay, impossibility, any breach of duty, existence of an impediment to performance, tort, etc.), but not for claims of the users
- for damages resulting from injury to life, body and health,
- in case of fraudulent concealment of a defect by The Mother Nature or due to the absence of a feature for which The Mother Nature has given a guarantee,
- which are based on intentional or grossly negligent conduct by The Mother Nature or its legal representatives,
- according to the product liability law as well as
- those covered by § 69 or § 70 TKG.
For the foregoing exceptions, the statutory regulation shall apply.
11.1.1. The Mother Nature is liable for slight negligence only in case of breach of essential obligations, i.e. obligations, the fulfilment of which enables the proper execution of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and on the compliance of which users can regularly rely (cardinal obligation). In the event of a breach of a cardinal obligation, liability shall be limited to the foreseeable damage typical for the contract. This also applies to lost profits and savings. Otherwise, the liability for damages of The Mother Nature for slight or simple negligence is excluded.
11.2. The Mother Nature is liable for gross negligence of its vicarious agents limited to the typical and at the time of conclusion of the contract foreseeable damage of The Mother Nature.
11.3. The Mother Nature is not liable in relation to the calculations of the App, as well as the associated statements, especially regarding information on cost and savings (see also section 2.4).
11.4. The strict liability of The Mother Nature in the area of tenancy and similar usage relationships for errors already existing at the conclusion of the contract is expressly excluded.
11.5. The Mother Nature is not responsible for service disruptions due to force majeure (in particular strikes, lockouts, official orders, natural disasters, epidemics or pandemics, failure of communication networks or network infrastructure, disruptions in the services of carriers). For such events, The Mother Nature assumes no responsibility or averting obligations, even if these events are foreseeable, unless they arise by explicit regulation.
12. Software as a Service, Rights, Database
12.1. Insofar as the services of The Mother Nature are based on software, the users do not acquire any rights of use to the software itself. In particular, the users do not receive any rights to the source code of the software, the app or the data on which the app is based. The software will not be transferred to the user's computer or handed over for installation on the user's own resources or those of third parties.
12.2. The users are not granted any rights to the software itself. The users are also not entitled to examine the functioning of the software or by means of so-called reverse engineering, to decompile them, to disassemble them into their components and/or to use them as a basis for the creation of their own software programs. The users are also not entitled to carry out technical load and/or penetration tests of The Mother Nature's systems without consultation with The Mother Nature. Any legal powers according to §§ 69d, 69e UrhG, § 11 PatG and § 6 HalblSchG remain unaffected.
12.3. If files are made available to the users on the dashboard or in the app via download, they shall receive a simple right of use to copies of this data for the contractually intended purpose.
12.5. The content available on the App is predominantly protected by copyright or other proprietary rights and is in each case the property of The Mother Nature or other third parties who have made the respective content available.
12.6. The App is also protected as a database. Users may only use the content in accordance with these GTC and within the framework specified on the app and by using the offered functionalities as intended.
12.7. Without the express written consent of The Mother Nature, the use of data collection and extraction programs to extract and reuse parts of the app and the content offered therein is not permitted. In addition, you may not create or publish your own database that includes substantial portions of the App or otherwise retrieve the App's content in an automated manner. These restrictions apply regardless of whether The Mother Nature uses any technical protection mechanisms.
13. Use of Anonymized Data
The Mother Nature may use information about the average emissions of the users in anonymous form and without user-specific information for its own purposes.
14. Data Protection
15. Term of Contract, Cancellation, Termination
15.1.1. The user contract established by registration is concluded for an indefinite period. Users can terminate the user contract at any time by deleting the user account.
15.1.2. The Mother Nature is entitled to terminate the user contract at any time without giving reasons and without giving notice.
15.1.3. The rights to terminate without notice remain unaffected.
15.1.4. In case of serious or repeated violations of these GTC, The Mother Nature is entitled to immediately block the account of the user. Blocked users are prohibited from registering on the app again under a different name. Blocked users are also prohibited from using the services of The Mother Nature with the account of a third party.
15.1.5. Upon termination of the contract, access to the user account is blocked. Even after the end of the contract, The Mother Nature is not obligated to transmit content to the users or to store it for them.
15.1.6. The Mother Nature reserves the right to stop the operation of the App and all related services at any time. The Mother Nature will inform the users about this with an appropriate period of notice.
15.1.7. The Mother Nature is entitled at any time to delete the data of users after termination of the usage relationship. This does not affect The Mother Nature's right to store data insofar as this is necessary for the fulfilment of legal obligations. The current data protection declarations of The Mother Nature inform about the specific deletion periods.
15.1.8. Provisions of these GTC, which according to their meaning and purpose should apply beyond the end of the contract of use, shall also apply after the termination of this contract of use.
15.2. Additional Provisions for the Term of the Contract, the Cancellation and Termination of Contracts for Chargeable Services
15.2.1. Contracts for chargeable services are concluded for the period agreed with The Mother Nature. The period selected in each case is extended by extension periods of the same duration, but for a maximum of one (1) year, if it is not terminated in due time by The Mother Nature or the user.
15.2.2. The Mother Nature and the user can terminate the contract without giving any reasons at the end of the agreed term by using the termination button, a letter or an e-mail. In case of doubt, the notice period is seven (7) calendar days for monthly subscriptions and one (1) month for annual subscriptions.
15.2.3. The right to extraordinary termination remains unaffected.
16. Changes to the Terms and Conditions
16.1. The Mother Nature reserves the right to change or amend these GTC, also with effect for already existing contractual relationships. The same applies to the amount of payment for the products and services, whereby with regard to the conditions and scope of the change in payment, the regulations of the price adjustment according to clause 5.7 apply. The Mother Nature will inform the users before any change or addition. Changes and additions are considered accepted by the users, unless the users object within 6 weeks after notification. The Mother Nature will inform the users about the consequences of silence in the notification about the change or addition to these GTC. If the users object to the changes or additions, either party can terminate this contract. The termination can be declared by The Mother Nature already conditional on this case together with the notification. In the case of mandatory changes or additions to the GTC required by applicable law or judicial or official order, the aforementioned deadlines may also be shorter.
16.2. The Mother Nature shall only offer the services under the amended GTC from the time the termination takes effect. Use of the App after termination of the contract of use constitutes acceptance of this offer to use the App under the amended GTC.
16.3. If an amendment or supplement to the GTC proves to be inadmissible, the admissibility of the other amendments shall not be affected.
16.4. This clause 16 does not apply to adjustments or changes to the services of The Mother Nature in continuing obligations that do not have a significant impact on the equivalency relationship.
17. Cancellation Policy and Cancellation Form for Consumers
If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (The Mother Nature GmbH, Sanderstr. 22, 12047 Berlin, Mail: [email protected]) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the Withdrawal
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
End of the Cancellation Policy
Sample Cancellation Form
If you want to cancel the contract, please fill out this form and send it to us.
To: The Mother Nature GmbH, Sanderstr. 22, 12047 Berlin, Mail: [email protected]
I/we ( * ) hereby withdraw from the contract concluded by me/us ( * ) for the purchase of the following goods/provision of the following service ( * )
Ordered on ( * ) ___________________ / received on ( * ) ___________________
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
( * ) Cross-out if not applicable
18. Expiration of the Right of Withdrawal
The right of withdrawal expires in the case of a contract that obliges the consumer to pay a price, according to § 356 para. 5 no. 2 BGB (German Civil Code), if the user agrees that The Mother Nature begins with the execution of the contract before the expiration of the withdrawal period and if the user has confirmed his/her knowledge that he/she loses his/her right of withdrawal by his/her agreement with the beginning of the execution of the contract.
19. Dispute Resolution for Consumers
The European Union offers an online platform to which users can turn to settle consumer disputes out of court. Users can access this platform at https://ec.europa.eu/consumers/odr/. The Mother Nature is neither ready nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
20. Final Provisions
20.1. Place of fulfilment, place of performance and place of success for all obligations arising from this user relationship is, in case of doubt, the registered office of The Mother Nature.
20.2. The legal relationship between The Mother Nature and the users is subject to the laws of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) and the conflict of laws rules of private international law do not apply. Claims from consumer protection standards can be asserted by users according to German law or according to the law of the EU member state in which they live.
20.3. If the user is a merchant, the exclusive place of jurisdiction for all claims arising from or in connection with these terms and conditions shall be the state courts at the registered office of The Mother Nature.
20.4. If the user is a consumer and has no domicile in Germany, but at the time of the conclusion of the contract is habitually resident in Germany, the exclusive jurisdiction for all claims arising from or in connection with these terms and conditions is the state courts at the registered office of The Mother Nature, if the user has no place of general jurisdiction in Germany or his residence or habitual residence at the time of the action is not known.
20.5. This is without prejudice to a legally deviating place of jurisdiction, which cannot be waived.
20.6. The legal action of The Mother Nature against the user at his/her general place of jurisdiction remains permissible.
20.7. Changes and declarations according to these GTC require at least the text form, unless otherwise agreed.
Status: October 2023