elowApp - General Terms and Conditions of Use
By using the elow app, you accept all the conditions below in full.
Article 1: Definition
The words and expressions below, whether in the singular or the plural, have the following meanings within the general terms and conditions of use:
- Application: the computerised service available on the User’s Device, currently known as “elow”, which provides the Functions proposed immediately and free of charge.
- T&Cs: these general terms and conditions of use and any future modifications to them, in the version applicable to the User.
- Functions: any function made available to the User through the Application, as described in Article 4.
- Device: computer equipment on which the User installs the Application.
- User: any adult using the Application.
This list is not exhaustive and may evolve as the Application is updated.
Article 2: Purpose
The purpose of these T&Cs is to define the rights and obligations of Carbon Impact and the User in the context of the use of the Functions. The User declares full acceptance of them simply by using the Application. These T&Cs take precedence over any other Conditions of Use or clauses to the contrary quoted by the User in any document and in any form. Carbon Impact reserves the right to modify these T&Cs at any time. The conditions that apply are those in force in the Application on the date of its Use. Consequently, the User is invited to consult the Application regularly to stay up to date with the most recent developments.
Article 3: Registration conditions and User account
To be able to use the Application, the User must first download it to their Device. When the Application is first used, the User will be identified by the identifier “Device”. As an essential precondition, the User must provide personal information, and in particular the consumption data associated with the use of the Device measured by the Application. The use of the Users’ personal data is subject to article 9 of the T&Cs. The Application can be accessed by any type of user, without restriction. If the User does not provide this information, Carbon Impact will be unable to deliver the associated Function.
Article 4: Description of the Functions
The Functions offered by the Application are not listed exhaustively. Their characteristics may evolve as technical and IT aspects change and as Users’ needs develop. The Application enables the User to:
– Measure their Device’s electricity consumption,
– Find out the French electricity generation mix in real time using three indicators,
– Extrapolate the CO2 impact of the Device’s electricity consumption in real time.
Article 5: Access to the Application
The use of the Application is reserved for any adult natural person with a Device. The use of the Functions takes place by calling certain proprietary ELOW APIs or third-party APIs.
Article 6: The User’s Commitment
Carbon Impact informs the User of this Application that all the laws and regulations in force apply. In general, the User undertakes to:
Carbon Impact will strive to keep its Application accessible to the User on an individual and non-exclusive basis. However, Carbon Impact may restrict, suspend or withdraw access, including for maintenance and update purposes or for any other unavoidable technical reason, or if it suspects an intervention by an unauthorised third party. Carbon Impact may fully or partly modify, suspend or migrate the operation of the Application.
The data and information provided in the Application are supplied “as-is”, with no express or implied guarantee of any kind. To deliver the Functions of the Application, Carbon Impact is subject to a best-efforts obligation, as long as the User has authorised the transfer of the information needed to deliver these Functions.
Carbon Impact provides no guarantee as to the performance or availability of the Application. Carbon Impact cannot be held liable if the User does not see a reduction in their energy consumption or a decrease in their electricity bills. Carbon Impact cannot be held liable for any difficulties accessing the Application, particularly if they are due to faults affecting the User’s hardware or installations. Carbon Impact cannot be held liable for incorrect use of the Application, use that does not comply with these T&Cs or fraudulent use by the User or any third party. Carbon Impact can never be held liable for any intangible direct damages or any indirect damages, whether tangible or intangible.
Article 7: Rights, Obligations and Liability of CARBON IMPACT
Carbon Impact will endeavor to keep its Application accessible to the User, on an individual and non-exclusive basis. However, Carbon Impact may restrict, suspend or remove access to it, in particular for reasons of maintenance and updating or for any other compelling technical reason or in the event of suspected intervention by an unauthorized third party. Carbon Impact may modify, suspend or migrate the operation of the Application in whole or in part.
The data and information disseminated on the Application is provided “as is” without any express or implied warranty of any kind. For the realization of the Functionalities of the Application, Carbon Impact is subject to an obligation of means, provided that the User has authorized the transmission of the information necessary for its successful completion.
Carbon Impact makes no guarantee of performance and availability of the Application. Carbon Impact cannot be held responsible in the event that the User does not notice any reduction in his energy consumption, nor any reduction in the amount of his electricity bills. Carbon Impact will not be responsible in the event of difficulty in accessing the Application, particularly related to malfunctions originating from the User’s equipment and installations. Carbon Impact cannot be held liable in the event of misuse of the Application, use not in accordance with these T & Cs or in the event of fraudulent use by the User or a third party. Carbon Impact can in no way be held liable for any direct immaterial damage or indirect damage, whether material or immaterial.
Article 8: Pricing Conditions
Carbon Impact provides the Functions to the User free of charge. The costs of internet access invoiced by the communications provider remain payable by the User.
Article 9: Protection of Personal Data
Carbon Impact undertakes to respect the laws and regulations in force relating to data protection. Personal data is processed in order to analyse Users’ electricity consumption. The personal data collected via the Application is intended solely for Carbon Impact and any subcontractors it may use to implement and manage the Application. Carbon Impact takes all the relevant steps, including contractual measures, in relation to its employees, subcontractors, suppliers and any natural or legal person it commissions in the context of the implementation and management of the Application to ensure that they respect the confidentiality of any information of which they may become aware in the context of the implementation and management of the Application. Carbon Impact uses Microsoft Cloud Azure services and servers located in the European Union to store personal data.
9.1 Processing of personal data
In accordance with amended law no. 78-17 of 6 January 1978 and Regulation (EU) no. 2016/679 of 27 April 2016, the information collected is stored in a computer file by Carbon Impact in its role of data controller in order to deliver the Functions. This information is conserved for a period that will not exceed the time needed for the purposes for which it is processed, and is intended for Carbon Impact ’s internal staff and for service providers that have signed contracts with Carbon Impact. Users may exercise their right to access, correct, oppose and delete their data for legitimate reasons, together with the right to limit processing and to the portability of personal data held about them. Users can exercise these rights by sending an email to the following address: firstname.lastname@example.org. In accordance with French data protection law, Users may submit a complaint to the CNIL, the French data protection authority.
Carbon Impact communicates with the User by electronic mail and through notifications displayed within the Application.
Article 10: Intellectual Property
In the absence of provisions to the contrary, all the information and documents contained in the Application are either the property of Carbon Impact , or covered by rights of use, exploitation and reproduction to the benefit of Carbon Impact . This information is subject to copyright legislation. Consequently, subject to the terms of article 4 on Functions, no licences or rights other than the right to view the information are granted to anyone with regard to intellectual property rights. Any reproduction, representation, modification, publication, transmission or total or partial alteration of the contents of the Application, by any means and in any medium, is prohibited. The User is liable for any unauthorised use of the Application or its contents and the information it presents, which would constitute forgery and is sanctioned by articles L.335-2 et seq. of the French Intellectual Property Code. The same applies to the databases, which are protected by the provisions of the 1 July 1998 law transposing European Directive 96/9/EC of 11 March 1996 on the legal protection of databases into the Intellectual Property Code. Consequently the User is liable for any reproduction or extraction. The ELOW brand name and logo are registered trademarks of Carbon Impact . Any reproduction or representation of the brand name and logo, in full or in part, alone or included in other elements, without the express prior authorisation of Carbon Impact is prohibited and the User is liable under articles L.713-2 and L.713-3 of the Intellectual Property Code.
Article 11: General Provisions
11.1 Force majeure
Carbon Impact cannot be held liable or considered to have breached the provisions of the T&Cs for any delay or non-performance if the cause of the delay or non-performance is a case of force majeure as defined by French case law.
11.2 Partial nullity
Any provisions of the Terms and Conditions of Use that are declared null or illegitimate by a competent judge will cease to have effect. The nullity of any individual provision has no effect on the other provisions of the Terms and Conditions of Use and does not affect their overall validity or their legal force.
11.3 Applicable law
These T&Cs are subject to French law.
In the event of any dispute with regard to the formation, interpretation or fulfilment of the T&Cs, and if no amicable settlement can be found, Carbon Impact and the User grant express and exclusive jurisdiction to the Tribunal de Grande Instance (regional court) in Paris, even in the event of multiple defendants, a third-party notice or an application for protective measures, unless article L.141-5 of the French Consumer Code applies.
Carbon Impact reserves the right to modify the T&Cs in full or in part at any time, publishing them via the Application. The User is invited to read any such modifications carefully. If the User continues to use the Application after the modifications have been made, Carbon Impact considers them to have been tacitly accepted. If the User has any objections to the changes made to the T&Cs, they may ask for their account to be deleted.