Terms and Conditions

As of: 21.11.2016

I. General Terms and Conditions of Use

  1. Validity and amendments to the TAC
    1. The Terms apply to services offered via the Benefacto GmbH company-operated apps (Applications) (hereinafter also referred to as Benefacto, CarbonHero, we or the provider), for example, “CarbonHero”, but also special editions, e.g., for special occasions such as holidays or special purposes such as trips, with business address and the headquarters in Mörchinger Straße 36, 14196 Berlin, registered under HRB 172700 B in the commercial register at the District Court Charlottenburg in Berlin, represented by the director Andreas Riedel (Imprint).
      Before you use CarbonHero, the related websites and the services offered, please read these Terms carefully. By downloading the respective app, you (hereinafter: User or Customer) accept the terms of use.
    2. You can view this and all other conditions at any time by clicking the button “Save” – or the button “Print” – at the bottom of this page to save or print. They apply to all single and continuous usages and contractual services, to the extent that no other specific regulations apply that are expressly and additionally necessary in the corresponding offer, or the contractual performance, to take advantage of this offer or these contractual services.
    3. The specific terms of use for additional special offers and/or contractual services of CarbonHero apply in accordance with these terms and conditions, in the event of any conflicting provisions, the special conditions apply.
    4. Benefacto reserves the right to change these terms of use for the future at any time, for example to take account of legislative changes, changes in the offers and services of CarbonHero, or loopholes. Changes to these Terms of Use are displayed highlighted on the website and particularly prior to the binding order of paid contractual services. If you do not agree with the amended terms, you must cease use of CarbonHero, to the extent that it concerns free services or offers. If you do not stop using the app in this case, CarbonHero has the right to then suspend your use of all free CarbonHero services. With respect to CarbonHero fee-based services or offers, you will be specially directed to the right to object and the legal consequences of silence in the case of changing the terms of use.
    5. The current Terms of Use can be found here.
    6. Users’ conditions that oppose or deviate from these Terms of Use are not valid.
    7. If online services can be seen by a third party, i.e. partners or advertisers (e.g., a payment service provider such as PayPal, credit card providers), then their Terms of Use and Conditions shall also primarily apply to their services, which also applies to all social media platforms (e.g., Facebook, Twitter) and their conditions of use.
    8. You can download the CarbonHero mobile app via our partner shops Google Play, Apple iTunes AppStore and the Amazon Store, whereby the Terms and Conditions of the partner stores in addition to the Terms and Conditions of CarbonHero apply.
    9. In the case of conflict between the Terms and Conditions of third parties/partners (payment service providers, the stores, social media platforms) and these Terms and Conditions, the use/payment conditions of the cooperation partners shall take precedence insofar as these are affected by the offer or performance.
  2. Free License Agreement
    1. By downloading the app, you conclude a contract with us for the free use of the CarbonHero Mobile App (“license agreement”). You have no claim to a license agreement or a right to use the services or premium services. The license agreement may be terminated by us and by you at any time without providing reasons and the services can be stopped at any time without providing reasons. You as a user have this right also, which is then carried out by deleting or uninstalling the CarbonHero mobile app.
    2. Above and beyond the free services outlined in the license agreement as specified in 2.(1), we also offer fee-based services for a charge. As a user, you have a choice to take these services or not. Before use, you are notified of the payment obligation by clear indications and you must explicitly confirm the claim. Further details and information on the chargeable services, especially with respect to conclusion of a contract, to the description of the particular services, to the fee and revocation are outlined in the special conditions of use governed under II.
    3. The license agreement is concluded with the Benefacto GmbH, Scanbox # 02641, Ehrenbergstr. 16a, 10245 Berlin, Germany as a contractual partner. More information about us, especially our contact information (phone number, email), company registration number and name of the authorised representatives can be found under “Imprint” on our website.
    4. Thereby, as a user you have the option to use the services of our cooperation partners (Apple, Amazon, Google). In these cases, a separate contract between you and our partner is concluded which are subject to special conditions, which are then communicated to you by the cooperation partners prior to the conclusion of the contract.
    5. Before the intended download of the mobile app via a store, the following restriction must be observed:
      A download of the mobile app is not permitted if you’re a resident in a country that is subject to an embargo by the United States of America (USA) or which is classified as a terrorism supporting country by the United States of America (USA). When you download the CarbonHero Mobile app through the store, you thereby declare yourself as a user and guarantee that

      • you’re not resident in a country which is subject to US embargo, or that is designated by the USA as a country that “supports terrorism”; and
      • you are not on any list of “prohibited or restricted parties” of the USA
  3. Creating a user account
    1. In order to use certain CarbonHero services (fee-based services/premium services), you need a personal user account (account). For this, you need to register once by entering the requested data in the input screen and then subsequently receive a password-protected account. When you register for services, it is important that you provide correct information to CarbonHero so we can contact you via email, for example. With the optional registering of an account it is also possible to access existing login information from a third party and use it for your registration. Examples include (but are not limited to) authenticating via a Facebook account (an offer of Facebook, Inc.) or a Google account (an offer from Google, Inc.). When using this type of authentication, these third parties make the third parties’ information available according to their respective data protection regulations and terms of use, which are available on the third party websites for viewing and retrieval. The data to be transmitted will be displayed in advance and must be confirmed by you before sending the application by clicking. The use of mobile applications may be possible only to a specific device. When using the mobile application, an encrypted device ID of CarbonHero is called and used in anonymous form by CarbonHero or by third parties for analysis or for advertising purposes (Privacy Policy).
    2. The authorisation is only personally valid for the user and is not transferable. As a user you are responsible for maintaining the confidentiality of the user name and the password itself. Should you notice an unauthorised use of your password or of your account, you are bound to inform CarbonHero thereof using our contact form.
    3. If your personal information changes, you are responsible for immediately updating it. All changes can be made either online or with your mobile device after registering. If an app does not provide that possibility, then you can inform us in an alternative format (email, letter). Your account will then be changed within a reasonable processing time. If your contacting us involves closing an account, then it will be removed within a reasonable processing time, and you will receive confirmation via email. After that, you will no longer be able to use the registration-based services and offers from CarbonHero with the deleted password and login name. If fee-based services have not yet been settled according to specific conditions that CarbonHero has provided, and the return compensation – the payment – has not yet been paid by you, the deletion takes place only after the amount due has been paid. Should mandatory statutory provisions require a longer storage of your data, deletion will then occur at a permissible time.
  4. User Obligations and Rights of CarbonHero in the event of non-compliance by the user
    1. The user agrees not to violate local laws and any contractual provisions in the use of services. He undertakes in particular that he has not breached any third party rights, in particular copyrights, moral rights, patent and trademark rights or any other rights with posted content, that laws regarding existing criminal laws and youth protection regulations are observed, and that no content that is racist, denying the Holocaust, grossly offensive, pornographic or containing content offensive in sexual way, endangering minors, extremist, violence-glorifying or trivialising, glorifying war, advertising for a terrorist or extremist political organisation, or expressions that encourage others to commit a criminal offense, or contain defamatory comment, or content offensive or unsuitable for minors or other criminal content is used or has been used.
    2. In addition, the user is obliged to protect the data on the recognised principles of data security and comply with the obligations of the Privacy Policy. The user undertakes in particular to check outgoing to CarbonHero emails and visits with the utmost care for viruses, to comply with legal and technical requirements, to keep your username and password confidential and not disclose it, to tolerate or permit no perusal and or misuse or loss of this information or in the event of such a suspicion, to notify the service provider immediately. Evidence of misuse of the service provider’s content is also to be reported immediately.
    3. As a user, you are not authorised to use the CarbonHero mobile app in an abusive manner, intervene in the services or functionality or access the services in a manner other than via the CarbonHero application and user interface. This particularly applies to the use of the provided program information (text, image, sound and video) during the use of CarbonHero.
    4. If you fail to comply with the use of the CarbonHero Terms of Use and special conditions or legal provisions that apply to the use of CarbonHero, CarbonHero is entitled to exclude you from the use of all CarbonHero services, or where required, limiting the extent of usage. The user shall be informed thereof in writing or via email. This does not affect the functioning of mutual contractual obligations pursuant to the particular conditions under II. of these conditions.
  5. Extent of use/availability/necessary technical equipment
    1. The name CarbonHero is a registered trademark. These Terms grant you no rights to use this brand. They are permitted only in terms of citation and the reference to CarbonHero under the concrete use of the app (e.g., in a social media post) or editorial coverage.
    2. All rights, particularly intellectual property and rights of usage in contributions, articles, photos, etc. in relation to the user are exclusively the rights of CarbonHero or the holders of those rights.
    3. You are entitled as a user to use the content for personal use on your device (e.g., via stream, download). For the production of copies (for example, expression of content) you are only authorised for private use or for your own information. The user may also take advantage of articles retrieved for personal use. These permissions apply only if protection marks (copyright notices, and the like), as well as reproductions of the marks and names remain unchanged in the copies. Setting up a link to the portal is allowed as long as it serves as a cross reference alone. CarbonHero reserves the right to revoke this permission. The inclusion of any link is prohibited, however, if the page next to the link contains inappropriate morally, violent, racist and/or criminally relevant content.
    4. CarbonHero services are offered to the user subject to availability. CarbonHero strives to keep the service always accessible, but only up to 95% availability per year. The usage options can be restricted or interrupted temporarily through maintenance work, further development or interruptions. Because use of the services requires software that you need to download and install on your computer, another device and/or mobile phone, updates of this software (updates) may be required. You must agree to these updates in order to continue to use the services. This can also lead to data loss, for which CarbonHero is not liable under any circumstances. CarbonHero is also entitled to change or stop the offered free services and benefits without prior notice at any time, at its sole discretion.
    5. CarbonHero reserves the right to cease or restrict provision of the offer in whole or in part at any time. This includes in particular the free services and offers, and especially in the area subject to registration. If users have signed up for a fee-based service, a cessation of services occurs after notice and within a reasonable time. CarbonHero expressly points out that users can also adjust content settings within the portal or on our social media pages. These statements, information, opinions, recommendations, photos, graphics, audio, video, etc. are not from us and also do not take place in our name. Rather, this exclusively concerns contents of portal users that has not been tested by CarbonHero and which other users have set themselves. It may therefore be that the content does not correspond to the truth or the rights of third parties. It may also be that people listed as the sender are in fact not the sender or statements or the authors. Statements may also be aimed at deliberately misleading or deceiving users. Of course, CarbonHero tries to remove such statements from the user-generated content areas or to delete them and asks you to refer such cases in this regard to our contact form. In no case, however, should users use statements made as a basis for decisions, in whatever area that might be. CarbonHero is not liable for any such content.
    6. The use of the CarbonHeroi s only possible via software that is locally installed on your computer, tablet, smartphone or other device, along with an Internet connection. The cost of this software (e.g., iOS or Android of a certain minimum version) and its use as well as the costs of their own Internet connection costs are borne by the user. This user is also responsible for keeping his or her device in a state that enables use of CarbonHero. We provide no support for this.
  6. Liability and Limits of Liability
    Basically, any liability on our part is excluded and only takes place according to the following rules:

    1. We are only liable for damages and compensation for unnecessary expenditures (“compensation”) for breach of contractual or non-contractual obligations
      • in the event of intent or gross negligence,
      • negligent or deliberate injury to life, limb or health,
      • negligent or intentional violation of contractual obligations,
      • due to the assumption of a guarantee,
      • on legal basis of a mandatory, for example, liability.
    2. Compensation for the breach of contract, which are those that only enable the fulfilment of the proper execution of the contract which endangers the fulfilment of the contract and on whose compliance you regularly rely as a user (cardinal obligations), is limited to the typical, foreseeable damage, unless intent or gross negligence or liability for injury to life, limb or health or the assumption of a guarantee or product liability occurs.
    3. The foregoing limitations in clauses 1 and 2 shall also apply with regard to the personal liability of our employees, shareholders, legal and/or other representatives, organs and their members, community managers, moderators, supporters and other assistants.
    4. We explicitly dissociate ourselves from the content of all pages on which direct or indirect references (so-called “links”) are made to our offer. We assume no liability for this content and these sites. The providers of the pages in question are responsible for the contents of these sites. We cannot accept liability – in any form – for rights violations and/or the like through content on this site, and this is therefore excluded.

II. Special conditions for fee-based services of CarbonHero/Benefacto GmbH

  1. Contract Purpose
    1. Benefacto GmbH offers its customers (consumers and businesses) the opportunity to compensate for the extra greenhouse gas emissions and greenhouse gas emissions caused in daily life itself (measured in so-called “CO2 equivalents”) and to offset this through the acquisition and the mandatory subsequent decommissioning of CO2 certificates.
    2. In cooperation with external service providers, we make sure that the determined amount of CO2 equivalents is offset by up to 100% with the decommissioning of CO2 certificates. Through our external partners, we exclusively use certificates to compensate for CO2 emissions that meet the WMF with guidelines developed by the Gold Standard (Gold Standard Registry, headquartered in Geneva, Switzerland), the Verified Carbon Standard (VCS in APX VCS Registry with headquarters in New York, USA) or the same or higher quality standards. The joint implementation projects therefore meet these internationally recognised standards for offset projects. Our partner guarantees that the certificate and order management is reviewed regularly to ensure transparent and comprehensible CO2 compensation. At the date of the creation of these Terms of Use, this is done by TÜV Austria Cert GmbH. We acquire traded climate protection certificates via our partner companies on the voluntary market.
    3. Our services and offers are made solely on the basis of specific terms and conditions in their valid form at the time of the contract conclusion. Before you can make a paid order via the “Purchase Now” button as a user and a customer and use of CarbonHero, you will be prompted for the download and installation of the CarbonHero Mobile App if you accept or decline the general and special Terms and Conditions in order to start using it.
    4. Benefacto is providing a service that allows consumers to offset carbon emissions caused by their specific and personal activities. The purchase of compensation products does not qualify as a donation and is not tax deductible.
  2. Introduction/Registration and Login
    1. After downloading our apps, we usually offer a general introduction on the respective CarbonHero app and on the functioning of the system of compensation for CO2 emissions. When skipping the introductory tour, you have the option as a user to register with your login information, or to register as a new user, provided that the use of the offer requires registration. By completing or skipping the introduction you declare thereby declare to us that you have received appropriate training on the principles of offsetting emissions.
    2. The registration can be done via your email address or via your Facebook or Google account. Here, you may be prompted to enter some of the following data:
      – Name
      – Age
      – Your email address
      – Country
      – Federal State and/or Province
      If you register with your Facebook or Google account, data from there is imported, if you have given Facebook or Google permission to do so. In this case, you will be prompted to confirm the correctness of your data to be imported by clicking buttons. If the data is incomplete or incorrect, you have the possibility to declare this by clicking and to complete your data by means of supplementing the missing data or updating the erroneous data by correcting it.
      You guarantee CarbonHero that the entered data is correct, particularly with regard to the indication of residence and your sales tax liability derived therefrom. CarbonHero is free to review your data by means of suitable technical methods (for example, locating the IP address) and in case of discrepancy, also free to refuse registration or interrupt it.
    3. You must have provided CarbonHero with a valid payment method, either as part of the registration or at the latest before the execution of the first paid order.
      This is a prerequisite for gaining access to CarbonHero fee-based services for compensation of your CO2 emissions.
  3. Contractual Offer – the CarbonHero fee-based service
    1. You can choose to offset your emissions between four categories offered. Based on the selected category, CarbonHero provides its services through the selection of an appropriate compensation project for which emission certificates are to be purchased by the customer. To this end, the customer can choose between the following categories
      1. Reforestation or Forrest Protection
      2. Investments in renewable energy
      3. Investments in technological innovations to reduce emissions
      4. Municipal Projects

for compensation.
      The app automatically calculates the price for the selected project category based on the base unit “price per metric ton of CO2e reduction”.
    2. The offer to compensate CO2 emissions caused by the customer includes various product groups and activities. In many cases, CarbonHero offers customers fixed package sizes for compensation. These are based on carefully collected and regularly updated averages. CarbonHero takes many factors into account, in particular the user’s place of residence. We remind the user of the fact that a false indication of the place of residence may lead to inaccuracies or errors in the calculation of flat fee products. If you select a recurring compensation in the form of a subscription, then there can be changes determined in the communicated emission amounts of future bookings due to adjustments of average amounts.
    3. The calculations are made by us to the best of our knowledge and belief. To ensure that the emissions caused by the user offset to the fullest extent possible, CarbonHero – as is usual with emission calculations – uses conservatively calculated values. In the event of unclear or conflicting values, the value calculated on a scientific basis is used in each case that reflects the most comprehensive emissions offset.
      The result of the calculation of consumption and the amount of emissions to be compensated are – among others but not limited to them – based on the following data or data sources:
      – Your details
      – Official consumption statistics (e.g., Federal Statistical Office, Federal Environment Agency)
      – Scientific studies and databases
      Based on the user’s specified place of residence, CarbonHero uses values adapted to local conditions, to the extent they are available for the country. If all country-specific values are available, then the country is referred to as “officially supported”. At the time of the creation these Terms and Conditions, the following countries are officially supported: Germany, United Kingdom, United States, Australia, Austria and Switzerland. For all other countries, the values of an officially supported country are assigned. We choose a country with a similar size and similar GHG per inhabitant (Source: OECD). In the case of so-called developing countries, we assume that our users have a significantly larger footprint than the GHG value of land per head and adjust this to the assigned country accordingly (Source: Federal Ministry for Economic Cooperation).
    4. CarbonHero undertakes to update the underlying calculations for the data and the calculation method itself if updates can be gleaned from official scientific or other official sources. CarbonHero regularly reviews for such updates. Emission compensations that have already been calculated and ordered by the customer with an obligation to pay are subsequently excluded from subsequent changes in this regard.
    5. Since CarbonHero relies on third party sources in data collection and analysis – for example, the Federal Statistical Office, or its counterpart eurostat at the European Commission – CarbonHero cannot provide any warranty for the correctness of the data underlying the data set used to calculate the amount of emission compensations.
  4. Data entry – Impact of Project Category – CarbonHero service – order/contract
    1. If the app prompts you to enter data, then this also flows into the calculation of the amount of your emissions. Often, you can determine the level of detail of your information yourself. If you provide false or incomplete information, CarbonHero cannot guarantee the accuracy of the determined amount of CO2.
    2. After entering, you will be prompted to verify your information. By clicking the “Purchase Now” button, you are confirming its accuracy. If the information is inaccurate, you have the option of amending or correcting your information by clicking the Back button, and then again proceeding with the order.
    3. After sending the order, by clicking on the “Purchase Now” button, data cannot be amended retroactively. Should you have selected a subscription for a compensating product, then changes – to the extent possible in the app – only become effective with the next compensation and billing cycle.
    4. The contract on the compensation of the calculated CO2 emission volume and the customer price to be paid (price) arises from the fact that the button “Purchase Now” button has been clicked. In non-German language versions of the app, the actual name of the button is based on local usage and may be formulated differently there.
    5. After the order with an obligation to pay has been made, the CarbonHero app communicates the desired amount of CO2 emissions to be compensated for the category you have chosen, the payment information and other necessary data for the implementation to the CarbonHero server, which immediately starts the processing of the order. If you have not selected a category, you will automatically be assigned to a category.
    6. A period of 24 hours is usually required to completely process an order. To give you a better user experience within the app, the compensation project that has been selected by the CarbonHero server for your order is displayed immediately after ordering. However, in the course of processing, a specific project may not be available. In this case, we have the right to refer to the climate certificates from another project in the same category. You will not be informed separately about this exchange, but you can always view the exchange in the overview of the past transactions in the user profile area. Even in the case of an exchange of the compensation project, we guarantee to compensate the desired amount of CO2 emissions by procuring a sufficient number of allowances.
    7. CarbonHero guarantees that 70% of the CO2 emissions volume to be compensated will come from the selected category projects. It may happen that during the period of processing your order no projects from the selected category are available to achieve the compensation or the full compensation, e.g., because projects were temporarily sold out or delisted, so that no or not enough certificates were available in sufficient numbers. Therefore, Benefacto is permitted, without additionally displaying it, to fill the order as follows: The CarbonHero Server selects compensation certificates from available projects in other categories to replenish the shortfall, until the amount of CO2 to be compensated is attained by means of replenishment. This mix of other projects is limited to 30% of the compensation volume.
    8. Several orders made by you on the same day are collected and is settled at the end of the day with the payment service provider (= means of payment – for example, PayPal, credit card companies) selected by you.
  5. Confirmation of your order/proof/invoice
    1. After processing your order, you will receive an email confirmation of your order and – if requested by each local law – an invoice (see the statement regarding billing under II. 9) that you can print or save, which we do recommend for verification purposes. We save this, together with your order, according to legal requirements for contract execution and for verification purposes (e.g., for tax authorities).
    2. To verify the decommissioning of the amount of CO2 emissions in the form of the certificate, you can also receive a confirmation on the decommissioning in text form (e.g., by email) after completion of the order process and the crediting of the contractually invoiced fee, which you can print or save via download. Confirmation of the decommissioning can be combined with the order confirmation and if necessary the invoice (according to 5.1).
  6. Right of cancellation for your orders
    Consumers are entitled to a right of cancellation for contracts for services like those provided by CarbonHero. According to § 13 BGB (BGB = German Civil Code), consumers are natural persons with whom we do business that cannot be said to exercise a commercial or self-employment.
    Cancellation policy
    Right of cancellation
    You have the right to withdraw from this Agreement within fourteen days without specifying any reasons.
    The withdrawal period is fourteen days from the contract conclusion date.
    To exercise your right, you have to inform us (Benefacto GmbH, Scanbox # 02641, Ehrenbergstr. 16a, 10245 Berlin, Germany; Tel.: +49 700 23 633 228; Email info@benefacto.de) by means of a clear statement (e.g., with a mailed letter, email) about your decision to withdraw from this contract. You can use this model withdrawal form, which however is not required.
    In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired.
    Consequences of withdrawal
    If you terminate this contract, we shall refund all payments we have received from you including shipping charges (except for additional costs arising if you chose a method of shipping different from the most cost-efficient standard delivery offered by us) without delay and at the latest within fourteen days from the day on which we received the notice of termination. The repayment will be made using the same payment method as used for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment.
    End of the Withdrawal Policy
    Special note to the premature termination of the right of withdrawal:
    Your right expires prematurely if we have completed our service and have begun to provide our services only after you as customer have given your express consent and simultaneously confirmed your knowledge that you will lose your right of withdrawal with complete fulfilment of the contract by us.
    That is, when you click the button “order now with an obligation to pay”, you expressly declare your consent that we begin executing our services and you also confirm your knowledge about losing your right with complete fulfilment of the contract by us.
    The contract is fulfilled through us and we have completed our contractual service if, due to the data you enter (your order), the app displays the result of the calculation and the compensation option foreseen by the CarbonHero server, i.e. the selected climate protection project and the final price (price per kg – CO2 e-compensation plus legal VAT) is displayed in the results table.
  7. Subscription with recurring activities with CO2 emissions
    1. CarbonHero offers the option of compensating certain activities, and the CO2 emissions generated thereby, by subscription at regular intervals (monthly, several months or annually) and to choose an automated repeat booking. If it is possible to conclude a subscription, this option will be displayed regarding a compensating emission causing activity when ordering.
    2. Subscription here refers to the recurring or repetitive booking for the compensation product you’ve selected (or, if necessary, in the configuration chosen by you), not to the initial amount of CO2 specified in the initial order, or the stated price. Example: You have chosen to offset emissions with the power consumption of an average single-person household in your home country. For this, we rely on a variety of indicators and values. For instance, during the current compensation cycle, the officially communicated average power consumption per person may be increased or the composition of the current power-mix of your country may be changed due to political decisions. This is taken into account when calculating the amount of CO2 for the next compensation amount.
    3. Among others, CarbonHero offers subscriptions on a monthly, semi-annual and annual basis. Depending on the product compensation, other intervals are possible. The possibility of entering into a subscription is not available for all products.
    4. Settlement will be made as described under point. 4. Each recalculation on a subscription is based on the original values and information you specify. If the app does not allow you to adjust the values for recurring orders, you need to unsubscribe personally and – if desired – place an order again with changed values. All statements made regarding your personal CO2 emissions within Benefacto apps, as compared to national averages, are based on the assumption that you are customising subscriptions with respect to changes in your circumstances.
    5. Subscription billing will occur automatically on the first day of a new compensation cycle using the payment method you have specified.
  8. Contract Period / notice periods for subscriptions / extraordinary termination
    1. Contract Period / notice periods for subscriptions / extraordinary termination
      If you take out a subscription, the contract has no fixed term and will automatically terminate with performance of both parties, for you, the purchase price payment and credit to CarbonHero and, for CarbonHero, the service provision according to II.4. This does not apply to the Carbon Hero Mobile App provided under the license (see. I.2.), which you can generally use according to the contract further and of course also to place additional orders, for example. Subscriptions are valid for your selected subscription period and shall be extended automatically if you do not cancel the subscription within the specified notice periods according to the periods set out in (4) of this provision.
    2. You can unsubscribe, that is, cancel, subscriptions
      • within the CarbonHero app until the end of the penultimate day of the current compensation cycle. You will find the relevant functions to do so in the area of your user profile.
      • You also have the option of unsubscribing, that is, cancelling, your subscription in some other way, for instance, in writing or text form, whereby we must receive this cancellation in this form at least five working days before the start of the next compensation cycle.
    3. To meet the deadline, it is sufficient if we have received the notice of cancellation by the end of the last day of the period.
    4. If you do not unsubscribe your subscription within the timeframe (see above 2.a, b), then your chosen compensation product is automatically reordered for you for the same compensation cycle (i.e. for the same period as before).
    5. The right to extraordinary termination without notice is available to you in accordance with § 314 BGB if the conditions (presenting good cause), and the right of extraordinary termination are also available to CarbonHero as well.
    6. You can send the ordinary and extraordinary termination in writing (e.g., by e-mail.) to Carbon Hero using our contact form or by post to our company address as found in our imprint. Carbon Hero may send you a notice in writing (e.g., by email) to the email address provided us by you.
    7. Following receipt of cancellation, you will receive a confirmation of receipt of the notice of cancellation and the end of the subscription at the relevant time.
    8. In the case of extraordinary termination, in addition to the foregoing release you will also receive a message about whether CarbonHero accepts the termination or not. If Carbon Hero does not accept the extraordinary termination because in our view it does not provide an important reason, CarbonHero reserves the right to initially assert its claims, both extrajudicially and judicially.

If the good cause is a breach of contractual obligations, the other party shall be given a reasonable time with a warning to remedy the contract infringement. The warning may be in writing via email. This is unless a warning and a deadline for remedy are unnecessary in the circumstances (unacceptability).
    9. For effective extraordinary termination, we will refund charges already paid for the period after the termination takes effect, however only if the appropriate climate certificates have not been decommissioned.
  9. Prices/costs/invoicing/fee due date/payment/means of payment
    1. The total price including the applicable VAT (VAT = VAT as per UStG) is the final price to be paid by the customer displayed before the conclusion of the contract. To give you an objective comparison of costs, the price corresponding to the base unit of “metric tonne of CO2” is specified, for example, “€18.50/tonne”. With this statement, it is possible at any time to compare CarbonHero offers with those of other market participants.
    2. The specified final price including valid VAT corresponds to the entire price to be paid by you. Upon proper performance of the contract, no additional costs are due, with the exception of the costs listed under 11.3 as a result of late payments or in the complete absence of payment (see 11).
    3. The calculated fee is due for payment immediately after conclusion of the contract. The invoice in written form (e.g., by email) is generated for you upon successful completion of the payment transaction. You can print the invoice by clicking the “Print” button or save it by clicking the “Download” button. Payment is made through the chosen form and the payment service you have selected.
    4. Subscriptions are due at the time of the launch of a new compensation cycle.
    5. We accept, among other things the following payment methods: PayPal, credit cards (e.g., Mastercard or VISA). Since we strive to continually adapt accepted methods of payment to local needs and new technical possibilities, this list can be expanded at any time.
  10. Price changes during an existing subscription – right of appeal of termination – silence as consent – CarbonHero information obligation 
    1. Price increases
      1. In the context of an automated calculation and order processing, if it is determined that the price will be increased, for example, due to changes in climatic indicators (see. 7.2) or changes in market prices for carbon emissions trading, then Carbon Hero is entitled increase the price for the next recurring order, however only to a maximum of a 10% increase compared to the previous order cycle.

Past orders with price changes are indicated in the app’s order history.
      2. In the event that the CarbonHero server detects an increase in the price of more than 10% during processing of a recurring order, the order will be paused and an alert to be sent to you (e.g., by email or smartphone alert).
        These alerts will inform you about the level of price increases whereupon you can cancel the execution of the order within a reasonable time in the CarbonHero app.
        In terminating the current order, you declare your opposition to the price increase and simultaneously the extraordinary termination of the subscription.
      3. The length of this period is determined based on the length of your chosen order refresh rate, and in a monthly cycle this comprises 7 days, and 14 days in an annual cycle. The length of these periods is rooted in the purpose of the app, allowing you continuous compensation of your current CO2 emissions.
      4. In the event of cancellation and/or termination by you, you will not be charged any further costs and the subscription will be cancelled automatically.
      5. If the period expires pursuant to the above paragraph. 10.(3) without your order being cancelled by you, then your silence is considered an acknowledgement of the aforementioned price increase and consenting to the subsequent subscription period.
      6. CarbonHero is required to make you aware of the importance of your behaviour – and in particular the consequences of your silence after receiving the information in accordance with clause 10.1.2 – regarding information concerning the intended price increase. Should CarbonHero fail to do so, it has no claim for failure to communicate for the period for which this communication of the price increase occurred.
    2. Price cuts during an existing subscription/Carbon Hero cancellation right
      If a reduction in the price is determined in the context of an automated calculation and order processing, for example, due to changes in climatic indicators (see. 7.2) or changes in market prices for carbon emissions trading, then Carbon Hero will decrease the price for the next recurring order at this price reduction accordingly, with no upper limit, whereby this refers only to the price reduction.
      Past orders with price changes are indicated in the app’s order history.
  11. Payment interruptions – return debits/cancellation of the contract/termination for cause/damages
    1. If Carbon Hero is notified from a payment provider agent (your chosen payment service, e.g., PayPal, credit card providers) that the payment cannot be made or that booking the fee is not possible, the processing of the contract by CarbonHero is paused and you will receive a message from us in written form (e.g., by email). With this communication, we provide you the opportunity to inform us within a period of 7 working days with another payment method for payment of the invoiced fee in order to meet your payment obligations. Please only use the specially marked, designated input option in the CarbonHero app where the affected order is located. Due to privacy and security reasons, another method of processing payment information, e.g., by telephone, is not possible.
    2. If a period of 7 working days elapses without response, CarbonHero has the right to withdraw from the contract for non-performance. In the case of a recurring order, in addition to the right to withdraw from the contract, CarbonHero also has the right to terminate the subscription for cause. Both the declaration of withdrawal and the notice of termination occur in accordance with II.8.4 and II.8.5.
      With the extraordinary termination and declaration of withdrawal, the existing license agreement for the use of Carbon Hero Mobile App under I.2 is terminated, whereby we block the app for use by you. You are obligated to delete the CarbonHero mobile app on your mobile device by uninstalling it.
    3. You are obliged to reimburse CarbonHero the costs and damages arising as a result of withdrawal or extraordinary termination per II.8.4 of the conditions, namely, that you have not or not properly fulfilled your payment obligation, or if you unlawfully allowed your credit card company, for example, to subsequently stop payments to us for services provided. This concerns the following damage claims:
      • The penalty fee calculated for us from your selected payment service provider over which CarbonHero has no influence and that applies from your payment service provider Terms and Conditions. According to the payment service provider, this is an amount between €15.00 and €30.00 per payment per unexecuted or returned payment.
      • A handling fee of €25 covering the expenses that we incur by not fulfilling your obligation to pay.
      • The costs arising for us due to the emission neutralisation ordered by you. These are amounts calculated for us from other service providers that we have spent based on your order.
      • All costs incurred through the use of a debt collection company for matters of recovery costs and fees.
    4. Of course, you have the right to prove that the charges and the damages that have arisen for us were lower in individual cases. In such a case, you are only obliged to pay the lower amount.
  12. Offset
    In the event of mutual claims, both you and also we can explain the offset, if this is found to be uncontested or legally valid by the other party.
  13. Privacy Policy

    The privacy policy contains Information about the type, scope, location and purpose of the collection, processing and use in terms of the contract and the personal data necessary for the execution of orders, and for sending the newsletter by us, as well as your right to information and the right to rectification, blocking and deletion.
  14. Dispute settlement

    Since February 2016, the European Union has had an online platform that serves to settle disputes between consumers and merchants in connection with online purchase agreements. The platform can be found at
    http://ec.europa.eu/consumers/odr/
    Or, alternately, contact us using the contact form.
  15. Final provisions – Place of Performance/Choice of Law/Jurisdiction
    1. The place of performance is our company headquarters located in Berlin.
    2. The law of the Federal Republic of Germany, excluding the UN Sales Convention and the exclusion of conflict of laws, shall apply. Mandatory provisions of the state or state in which you (consumers) are resident, in the absence of such in which you usually reside, or have, remain unaffected.
    3. For disputes with you, your legal jurisdiction applies, to the extent that you have a general jurisdiction in the Federal Republic of Germany; for consumers, this is basically their the principle domicile, if we do not seek to make claims for debt payment claims. For disputes arising from legal transactions with merchants, legal persons of public law or public special assets, the exclusive jurisdiction is Berlin, for all cases.
    4. For problems of interpretation, the German text of these Conditions shall apply, if you are reading the Terms and Conditions in a language other than German. Translation into other languages is merely for your convenience.
    5. If one or more provisions of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining provisions.