Terms and Conditions

Last Updated: 6/15/2024

1. Introduction

Welcome to GreenT Climate Software (“Company”, “we”, “us”, “our”). These Terms of Service (“Terms”) govern your use of our software products and services (“Services”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

2. Definitions

  • Client: The individual or entity subscribing to the Services.

  • Services: The software products and services provided by GreenT Climate Software.

  • Agreement: The contractual agreement between the Client and GreenT Climate Software, including these Terms and any other applicable agreements or policies.

3. Services Provided

GreenT Climate Software will provide the Services as described in the Order Form or Subscription Agreement signed by the Client. The Services are provided on an annual subscription basis.

4. Term and Termination

  • Term: The initial term of the Agreement shall continue in full force and effect from the Effective Date stated in an Order Form and will continue for the duration set forth in such Order Form (the “Initial Term”). The Agreement will automatically renew for successive one-year terms unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current term.

  • Termination for Convenience: Either party may terminate the Agreement by providing at least thirty (30) days written notice before the renewal date. The Client will remain responsible for fulfilling any outstanding obligations under any purchase order agreement or similar commitments entered into before the termination date.

  • Termination for Cause: Either party may terminate the Agreement immediately upon written notice if the other party breaches any material term of the Agreement and fails to cure such breach within thirty (30) days after receiving notice of the breach.

5. Fees and Payment

  • Fees: The Client agrees to pay the fees for the Services as specified in the Order Form or Subscription Agreement.

  • Payment Terms: Invoices are payable within thirty (30) days of the invoice date unless otherwise specified.

  • Late Payments: Late payments may incur interest at the rate of 1.5% per month, or the maximum rate permitted by law, whichever is lower.

6. Client Responsibilities

  • Account Information: The Client must provide accurate and complete account information and update it as necessary.

  • Compliance: The Client agrees to use the Services in compliance with all applicable laws and regulations.

  • Prohibited Activities: The Client must not engage in any activity that could harm the Services, other users, or GreenT Climate Software's reputation.

7. Intellectual Property

  • Ownership: GreenT Climate Software retains all rights, title, and interest in all content and materials provided through our services, including but not limited to software, logos, trademarks, and other intellectual property rights ("Intellectual Property"), are owned by GreenT Climate Software or our licensors. You agree not to modify, reproduce, distribute, or create derivative works based on our Intellectual Property without our express consent.

  • License: GreenT Climate Software grants the Client a non-exclusive, non-transferable, limited license to use the Services during the term of the Agreement.

8. Ownership of Data

  • GreenT Climate Software acknowledges that all data, including but not limited to user-generated content, files, documents, and any other information provided or generated by the client while using our services ('Client Data'), belongs exclusively to the client. We do not claim ownership over any Client Data. The client retains all rights, title, and interest in and to the Client Data.

9. Confidentiality

  • Definition: Confidential information includes any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential.

  • Obligations: Each party agrees to protect the other party’s confidential information. During the course of using our services, you may disclose confidential or proprietary information to us ("Confidential Information"). This includes information about your business operations, strategies, and any other non-public information. We acknowledge that such Confidential Information is valuable and agree to keep it strictly confidential.

10. Warranties and Disclaimers

  • Warranties: GreenT Climate Software warrants that the Services will perform substantially in accordance with the documentation.

  • Disclaimers: Except as expressly provided in these Terms, the Services are provided “as is” and GreenT Climate Software disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

11. Limitation of Liability

To the maximum extent permitted by law, GreenT Climate Software’s total liability to the Client for any claim arising out of or relating to the Agreement shall not exceed the amount paid by the Client for the Services in the twelve (12) months preceding the claim. GreenT Climate Software shall not be liable for any indirect, incidental, special, consequential, or punitive damages.

12. Indemnification

The Client agrees to indemnify and hold GreenT Climate Software harmless from any claims, damages, liabilities, and expenses arising out of the Client’s use of the Services, breach of these Terms, or violation of any law or rights of a third party.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law principles.

14. Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Bend, Oregon.

15. Miscellaneous

  • Entire Agreement: These Terms, together with any applicable Order Form or Subscription Agreement, constitute the entire agreement between the parties.

  • Amendments: The parties to this Agreement may modify, amend or supplement this Agreement in a signed writing explicitly referencing this Agreement and their intent to modify its terms. In addition, GreenT Climate Software reserves the right, in its sole discretion, to modify this Agreement at any time by sending Client a notice via email and Client consents to receipt of such notice.  Such modifications will be effective on the date specified in such notice, which will be no sooner than thirty (30) days following the date of such notice. If Client disputes any modifications, Client will notify GreenT Climate Software in writing within the thirty (30) day period and the parties will negotiate in good faith with respect to the modifications

  • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  • Waiver: No waiver of any term or condition of these Terms shall be deemed a continuing waiver or a waiver of any other term or condition.

16. Contact Information

If you have any questions about these Terms, please contact us at:

GreenT Climate Software
2863 NW Crossing Dr #110, Bend, OR 97703
ryan.holmes@greentclimate.com
(206) 948-1545