Celsia AS (“Celsia” or “Provider”)
Organization number: 926 626 264
The “Service” means the sustainability software service called Celsia, provided by the company Celsia. “Customer” means a Party that has purchased a License. “User” means a person who is using the Service. “User Account”, means any individual User’s account.
The User shall only permit authorized Users to use the Service. The User shall only use the Service for internal business purposes and not resell, distribute, sublicense, or otherwise transfer any right in and to the Service to others, including allowing user rights to third parties not specifically granted rights under this Agreement. Users will need to accept Celsia’s end user terms before use of the Service.
The User may use the Service for lawful purposes only. The User is strictly prohibited from posting or transmitting any material that could cause Celsia harm, constitute a criminal offense, give rise to civil liability, or otherwise violate any laws or these Terms. Celsia assumes no responsibility for Users posting or transmitting such material. Celsia will cooperate with authorities and comply with court orderings requesting or directing Celsia to disclose the identity of anyone posting prohibited material.
When creating a User Account, a User must complete the relevant registration form by providing current, complete and accurate information. A User Account is linked to a Company and may only be used by its designated User. Each User is responsible for maintaining the confidentiality of their password and account and for the activities conducted under their User Account. The User must notify Celsia immediately of any unauthorized use of an account.
The User shall maintain the confidentiality of any credentials, passwords and other log-in details used to access or use the Service. Such log-in details are personal and shall not be shared between Users or used by more than one User. The User will notify Celsia immediately of any unauthorized use of a User’s account or any other breach of security.
The User shall not modify, translate, reverse engineer, decompile or disassemble any of the Service or otherwise attempt to derive source code or create derivative works from the Service.
The User shall not intentionally use the Service in a manner that impacts the availability, performance, reliability, or stability of the Service.
Celsia may investigate access logs to verify that the User complies with the acceptable use requirements above. The User shall upon request from Celsia reasonably cooperate to clarify compliance. Celsia reserves the right to charge the User appropriate usage fees in line with the price for the feature in question in case of repeated or intentional breach of the acceptable use requirements. Celsia also reserves the right to freeze user accounts or block access to user accounts in the case of any unauthorized use.
Intellectual property rights
The Service and its Content are Celsia’s exclusive properties. The Users’ permitted use of the Service and its Content is limited to the rights granted under these Terms. Celsia’s intellectual property may not be used in another manner without their respective written consent. The Service may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any purpose inconsistent with the rights granted under these Terms.
User Data is and shall remain the exclusive property of the Customer that the User is associated with, and the Customer has sole responsibility for the content of and the right to use User Data. “User Data” means for the purpose of this Agreement any data included by the User in- or generated by the User’s use of the Service.
The Customer hereby grants to Celsia, the irrevocable license to access and use the User data, that are necessary for Celsia to provide and improve the Service. Celsia may freely and permanently use the User Data in an anonymized or aggregated manner to offer additional services such as anonymized technical analysis information, for benchmark and statistical purposes, develop and/or enhance activities of the Service and quality improvement tasks and others. Moreover, Celsia may publish anonymous statistics to third parties.
The service is provided “as is”. Celsia does not warrant that the User’s use of the Service will be uninterrupted or error-free. The User assumes the risk of the use, quality, performance, accuracy and completeness of any data produced by the Service. Celsia will only be liable for a security incident under the Agreement if Celsia negligently breaches the security measures described in section 7.
Except as expressly provided in this Agreement, either party disclaims any and all warranties, express, implied, or statutory, relating in any way to the Service including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
In no event shall Celsia be liable for lost profits, business interruption, goodwill or special, indirect, incidental, consequential or punitive damages of any kind, even if advised in advance of the possibility thereof.
Taxonomy assessments are associated with uncertainty related to the interpretation of the taxonomy regulations and related EU directives. Technical errors in the Service can potentially also result in wrong results for the Taxonomy assessment. In no event is Celsia responsible for any lost profits, business interruption, goodwill or special, indirect, incidental, consequential or punitive damages of any kind, resulting from use of results provided from the Service.
In no event shall the aggregate liability of Celsia related to this agreement (including the service level agreement and the data processing agreement) exceed the amount of fees received by Celsia during the twelve (12) calendar months immediately preceding the event giving rise to the liability. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability.
Governing Law and legal venue
This Agreement shall be governed by and construed in accordance with Norwegian law. Any disputes that may arise from this Agreement may be referred to the non-exclusive jurisdiction of the ordinary courts of Norway, with Oslo city court as agreed venue.
Changes to the Terms