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Privacy Policy

CLIMATE EARTH Privacy Policy

Last Updated: March 6, 2026

Your privacy is important to Climate Earth, Inc. (“Climate Earth,” “us,” “we,” or “our”) and we take our obligations regarding your privacy seriously.

This Privacy Policy describes how we collect, use, share, and other process any personally identifiable information (“personal information” or “personal data“) when you access or use our website at https://climateearth.com/ (“Website”), and when you sign in to use our EDP generators, design tools, and any other online services we make available (collectively, the “Services”). The categories of information we collect will depend on your interactions with us.

By using our Services, you agree to the terms and conditions contained in this Privacy Policy and you consent to the processing of your data in accordance with this Privacy Policy.

  1. What Data We Collect.

    Climate Earth collects the following types of personal information:

    1. Information You Provide.

      If you sign up online to request a consultation with us, attend one of our demonstrations or webinars, sign up to receive our newsletters, fill out a form to contact us, create an account to use the Services, or submit a support request, we collect the information you provide, which may include personal information such as: (1) your first and last name, (2) organization name, (3) job title, (4) email address, (5) phone number, (6) location information including state/province and country, and (7) where applicable, a user-generated password for your account. If you provide us with feedback or contact us via email (e.g., in response to an employment opportunity posted on our Website), we will collect your name and email address, as well as any other content or information included in or attached to your email, in order to send you a reply.

      We may combine the information we collect directly from you with information we obtain from public sources, partners, and other third parties and use such combined information in accordance with this Privacy Policy.

    2. Information We May Collect via Technological Means.

      When you login to use one of our EPD generators or other solutions, we collect any data you select and upload in order to provide the Services to you, and such data may or may not include personal information. Our systems also can automatically collect certain technical data about your device and software, including your browser type, operating system, IP address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a time stamp of your visit. We automatically gather this data and store it in log files each time you visit our Website or access your account on our network.

      We may also directly collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends in connection with our Services. We use various technical mechanisms such as cookies, web beacons and similar tracking technologies to monitor how users use our Services. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. “Web beacons” refer to various tracking technologies used to check whether you have accessed some content on our Services. We use cookies for the following purposes, specifically:

      • Performance Cookies: These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the website. The information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.
      • Functional Cookies: These cookies can allow us to provide enhanced functionality and personalization when you visit our website, such as videos and live chats. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies, then some or all of these features may not function properly.
      • Strictly Necessary Cookies: These cookies are necessary for the Services to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for Services, such as setting your privacy preferences, logging in, or filling in forms.
      • Targeting Cookies: These cookies are set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant ads on other sites. They work by uniquely identifying your browser and device. If you do not allow these cookies, you will not experience our targeted advertising across different websites. Where required by law, you may opt to allow or not to allow the use of certain cookies through our cookie settings.

      We may link the information we store in cookies or through other mechanisms to the personal information you submit while using our Services. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Services.

      You can remove persistent cookies at any time by following the directions in the “Help” section of your Internet browser. You can also disable all cookies on your Internet browser, however some components of our Services may no longer function work properly.

      Our partners, affiliates and other service providers may use cookies and other technologies to improve the quality of your experience when you interact with our Services. We may receive reports based on the use of certain technologies by these companies on an individual and aggregated basis.

    3. Third-Party Online Analytics Services.

      In connection with our website and emails, we may third-party online analytics services, such as those of Google Analytics. These analytics services use automated technologies to collect information (such as email address, IP address, and device identifiers) to evaluate, for example, use of our products and services and to diagnose technical issues. To learn about how Google Analytics collects and processes data, you can visit www.google.com/analytics/learn/privacy.html and also www.policies.google.com/technologies/partner-sites.

    4. Artificial Intelligence Features.

      If you use AI-enabled features built into our Services, such as those in our AI Mix Design Suite, your data stays private and secure with us and our service providers, and is only used to power results within your account. We use aggregated, anonymized data to improve our internal algorithm performance with your explicit consent, but no proprietary, identifiable plant or mix data is ever exposed. We never share identifiable plant or mix data with other customers or publish it externally.

      More specifically, we use currently available models from OpenAI https://openai.com/business/ and Google Gemini https://ai.google.dev/gemini-api/docs which we access via API through OpenRouter https://openrouter.ai/ . These service providers are prohibited from training any AI models using our customers’ data. They also are prohibited from even storing or retaining data we share with them except for a limited number of days as necessary for non-training purposes such as abuse monitoring. Additional information on the data handling practices and security procedures of these providers are available on their respective websites.

  2. How We Use the Data We Collect.

    We use your personal information to respond to your requests, to provide, secure, and enhance the Services, and to comply with our legal obligations. Climate Earth uses your personal information for the following purposes as necessary and as permitted by applicable law:

    • Facilitate the creation and secure use of your account on our Services
    • Identify you as a user of our Services
    • Provide and administer your use of the Services
    • Personalize and improve the quality of your experience when you interact with our Services
    • Send you administrative e-mail notifications, such as security or support and maintenance messages
    • Respond to your inquiries and requests
    • Provide you with newsletters or surveys
    • Determine which of our Services may be of interest to you
    • Send you information about upgrades and special offers related to our Services
    • Comply with applicable laws and regulatory requirements
    • Respond to lawful requests, court orders and legal process
    • Protect our legal interests or those with whom we do business

    We may also compile statistical or anonymized, non-personally identifiable information and use or transfer such information for any purposes; provided, however, that such data has been fully de-identified and cannot in any way be traced back to you and does not contain any personally identifiable information. We may also disclose such anonymized information publicly to show trends about the general use of our Services.

  3. Information Sharing and Disclosure.

    To the extent permitted by applicable law, Climate Earth may disclose your personal information in the following circumstances:

    1. Service Providers.

      We may engage our affiliates or third-party companies or individuals to support us in connection with the purposes listed above, such hosting providers, subcontractors, and third-party payment processors.

    2. Law Enforcement.

      It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for Climate Earth to disclose your personal information. We may also disclose your personal information if we determine disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users.

    3. Business Transfer.

      We may share your personal information if Climate Earth engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of Climate Earth’s assets, financing acquisition of all or a portion of our business, a similar transaction or proceeding, or steps in contemplation of such activities (e.g. due diligence).

    4. Prior Consent.

      We may also disclose your personal information with your prior consent. Service providers acting on our behalf are obliged to adhere to confidentiality requirements no less protective than those set forth herein, and will only receive access to your personal information as necessary to perform their functions.

  4. How We Protect Your Data – Security.

    Climate Earth’s platform provides a highly robust security model protecting data down to the cell level, controlling individual user functionality and controlling application access. We provide reasonable and appropriate administrative, technical, and physical security controls to protect your PII from unauthorized access, use, or disclosure. Security is implemented at five different layers in production systems: User level Authorization and Authentication, Application Level Access and Control, Data Level, Data Transmission Level, and Backup and Recovery. Despite these efforts, Climate Earth like any other online service provider cannot warrant or guarantee 100% that your personal information will be secure in all circumstances.

  5. Your Data, Your Choice.

    Please note if you are a California resident, please see “Additional Information for California Residents” below for more information about your privacy rights under California law.

    1. Opt-Out.

      We offer you choices regarding the collection, use, and sharing of your personal information. Where permitted by applicable law, we may periodically send you free newsletters and e-mails that directly promote the use of our products or services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Policy and similar administrative notices.

    2. Ability to Edit or Delete Your Personal Information.

      You may edit any of your personal information in your account on the Services by editing your account profile. You may also request that we delete your account information by sending an email to privacy@climateearth.com , but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). Climate Earth will respond to such requests within thirty (30) days or sooner if required by applicable law. When we delete account information, it will be deleted from the active database, but may remain in our archives for a limited amount of time. We will otherwise retain your information for as long as your account is active, as needed to provide you with the Services you have requested, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

    3. Information Processed Under the Direction of Customers.

      If a business or other organization has registered for the Services (a “Customer“) and your personal information has been collected by Climate Earth as a result of such organization’s use of the Services, Climate Earth collects and processes any such personal information of yours under the directions of the relevant Customer. If these circumstances apply to you and you wish to access, edit, delete or exercise any rights you may have under applicable data protection laws with respect to any personal information that we have collected about you, please direct your query to the relevant Customer as this may expedite the completion of your request. We nevertheless provide reasonable assistance to our Customers to give effect to data subject rights as appropriate and required by applicable laws.

  6. Links to Third-Party Sites.

    Our provision of a link to any website or location outside of the Services is for your convenience and does not signify our endorsement of such other website or location or its contents. When you click on such a link, you will leave our site and go to another site. During this process, a third party may collect data, including personal information, from you. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of data after you click on a link to a third party. We encourage you to carefully read the privacy statement of any other website you visit.

  7. Cross Border Data Transfers.

    Climate Earth is located in the United States. By accessing or using the Services, or otherwise providing information to us, you understand that your information may be subject to processing, transfer, and storage here and in other locations. In the event that Climate Earth transfers your personal information from the European Union, United Kingdom, and other countries in the European Economic Area (“EEA”) to a country which is not subject to an adequacy decision by the European Commission or which may not provide for the same level of data protection as the EEA, Climate Earth will ensure that the recipient of your personal information offers an adequate level of protection. This may include such measures as entering into standard contractual clauses for the transfer of data as approved by the European Commission, gaining your prior consent, or other appropriate measures in accordance with applicable law.

  8. Additional Information for California Residents.

    If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

    1. How We Source, Use, and Disclose Information for Business Purposes.

      The following chart details the categories of personal information we collect, the sources of such personal information, and how we use and share such information for business purposes.

      Categories of Personal Information Collected Sources of Personal Information Purposes for Use of Personal Information Disclosures of Personal Information for Business Purposes
      • Contact information (e.g., name, email address, phone number, mailing address including state/province, country)
      • You
      • Public sources
      • Partners
      • Provide the services and customer service
      • Communicate with you
      • Analyze use of and personalize the services
      • Improve the services
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Service providers
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent
      • Third-party services you select
      • Financial and transactional information (e.g., payment account information and purchase history)
      • You
      • Payment processors
      • Provide the services and customer service
      • Facilitate your payments
      • Communicate with you
      • Analyze use of and personalize the services
      • Improve the services
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Payment processors
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent
      • Login information (e.g., your account name and password)
      • You
      • Provide the services and customer service
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Service providers
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent
      • Device and online identifier information (e.g., IP address, browser type, operating system, general location inferred from IP address, and similar information)
      • You, through your device
      • Provide the services and customer service
      • Analyze use of and personalize the services
      • Improve the services
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Service providers
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent
      • Service usage information (e.g., the dates and times you use the services, how you use the services, and the content you interact with on the services)
      • You, through your device
      • Provide the services and customer service
      • Analyze use of and personalize the services
      • Improve the services
      • Provide security, prevent fraud, and for de-bugging
      • Comply with legal requirements
      • Service providers
      • Law enforcement in the event of a lawful request
      • With entities in the event of a business transaction
      • With your consent
    2. Your California Privacy Rights.

      If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:

      • Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
      • Provide access to and/or a copy of certain personal information we hold about you.
      • Delete certain personal information we have about you.
      • Provide you with information about the financial incentives that we offer to you, if any.

      The CCPA further provides you with the right not to be discriminated against (as provided for in applicable law) for exercising your rights. Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide our services to you. We also will take reasonable steps to verify your identity before responding to a request. In doing so, we may ask you for verification information so that we can match at least two verification points with information we maintain in our files about you. If we are unable to verify you through this method, we shall have the right, but not the obligation, to request additional information from you.

      If you would like further information regarding your legal rights under California law or would like to exercise any of them, or if you are an authorized agent making a request on a California consumer’s behalf, please contact us at privacy@climateearth.com.

      The CCPA provides certain rights if a company “sells” personal information, as such term is defined under the CCPA. We do not engage in activities that would be considered “sales” of personal information under the CCPA.

      Shine the Light Disclosure: The California “Shine the Light” law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we share certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes unless you explicitly opt in.

  9. Changes to Our Privacy Policy.

    Climate Earth reserves the right to change this Privacy Policy. Climate Earth will provide notification of material changes to this Privacy Statement through our Website and, where appropriate, when you login to your account or by email to any email address of yours we may have on file, at least thirty (30) days prior to the change taking effect.

  10. Contact Us.

    Climate Earth welcomes your comments, questions, and concerns regarding our Privacy Policy. Please contact us at privacy@climateearth.com or at our mailing address below:

    Climate Earth, Inc.

    137 Park Place, Suite 204

    Point Richmond, CA, 94801

    (415) 391-2725

Supplemental GDPR Privacy Statement

This Supplemental GDPR Privacy Statement is relevant to any individual located in the EEA who uses our Services.

European Union Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR“), requires Climate Earth to provide additional and different information about its data processing practices to data subjects in the EEA. If you are accessing the Services from a member state of the EEA, this Supplemental GDPR Privacy Statement applies to you.

For purposes of the GDPR, Climate Earth, Inc., 137 Park Place, Suite 204, Point Richmond, CA, 94801, is the data controller of your personal information. Where processing of personal information is undertaken by our affiliates, subsidiaries or related entities, they are a joint controller with Climate Earth.

Legal Basis of Processing. In general, the legal basis for Climate Earth’s processing of your personal data in connection with the Services is Article 6(1)(b) of the EU GDPR, which allows processing of personal data as necessary for the performance of a contract. When you access, use, or register for our Services, you form a contract with us based on the applicable terms of use or terms of service, and Climate Earth needs to process your personal data to provide the requested Services.

As exceptions, Climate Earth relies on your consent with respect to cookies that are not strictly necessary and direct marketing emails per Article 6(1)(a) of the EU GDPR; and pursues legitimate interests under Article 6(1)(f) of the EU GDPR with respect to situations where Climate Earth needs to process your personal data to comply with applicable laws (as a U.S.-based company, Climate Earth is subject to U.S. laws and must comply with them) or processes your personal data to improve our business and Services.

Personal Data Transfers outside of the EEA. Climate Earth may transmit some of your personal data to a country where the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction, including the United States. As required by applicable law, Climate Earth will provide an adequate level of protection for your personal data using various means, including, where appropriate:

  • relying on a formal decision by the European Commission that a certain country ensures an adequate level of protection for personal data (a full list of such decisions may be accessed online here:
    EDPB meets with adequate countries | European Data Protection Board )
  • entering into appropriate data transfer agreements based on language approved by the European Commission, such as the Standard Contractual Clauses adopted pursuant to the European Commission's Implementing Decision (EU) 2021/914 of 4 June 2021implementing appropriate physical, technical and organizational security measures to protect your personal information against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing, and
  • taking other measures to provide an adequate level of data protection in accordance with applicable law

Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.

Data Retention. Climate Earth retains personal information for as long as necessary to provide the Services, comply with legal obligations, resolve disputes, and enforce agreements. Following account deactivation/termination, we delete customer tenants in accordance with its lifecycle controls. Residual copies of data may persist for a limited period in backups or logs and will be removed as those backups and logs are rotated.

Data Subject Rights. You, as a “data subject” have a right to request from Climate Earth access to and rectification or erasure of your personal data or restriction of processing concerning you, as well as the right to data portability under the GDPR. You also have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data. In general, you have the right to object to our processing of your personal data for direct marketing purposes. If you have a right to object and you exercise this right, your personal data will no longer be processed for such purposes by us. You can exercise such rights by accessing the information in your account, or submitting request by email to privacy@climateearth.com.

If you have provided consent for cookies that are not strictly necessary, direct marketing emails or other data processing based on your consent, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You have the right to lodge a complaint with a supervisory authority.

Your Choices. You are not required to provide any personal data to Climate Earth but if you do not provide any personal data to Climate Earth, you will not be able to use the Services. You can use the Services without consenting to cookies that are not strictly necessary; the only consequence is that our Services will be less tailored to you or you will not receive our marketing emails, newsletters, and similar communications.

Profiling. The Services do not use automated decision-making, including profiling, in a way that produces legal effects concerning you or which significantly affects you.

Supplemental UK Privacy Statement

This Supplemental UK Privacy Statement applies to individuals located in the United Kingdom (“UK”) who use the Services.

Applicable Law. The processing of personal data relating to individuals in the UK is governed by the UK General Data Protection Regulation (as it forms part of domestic law in the UK by virtue of section 3 of the European Union (Withdrawal) Act 2018, as amended by the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019) (“UK GDPR”) and the Data Protection Act 2018.

Data Controller. For purposes of the UK GDPR, Climate Earth, Inc., 137 Park Place, Suite 204, Point Richmond, CA, 94801 USA, is the data controller of your personal data.

Legal Basis of Processing. The legal bases for our processing of your personal data in connection with the Services are the same as those described in the Supplemental GDPR Privacy Statement above, applied under the equivalent provisions of the UK GDPR.

International Data Transfers. We may transfer your personal data outside the UK. Where such transfers occur, Climate Earth will ensure an adequate level of protection is in place through one or more of the following mechanisms: (i) a transfer to a country that benefits from UK adequacy regulations made under Section 17A of the Data Protection Act 2018; (ii) the use of the International Data Transfer Agreement (“IDTA”) issued by the UK Information Commissioner's Office (“ICO”), or the UK Addendum to the EU Standard Contractual Clauses (the “UK Addendum”) issued by the ICO pursuant to S119A(1) of the Data Protection Act 2018; or (iii) other appropriate safeguards permitted under the UK GDPR.

Data Subject Rights. If you are located in the UK, you have the same rights with respect to your personal data as described in the Supplemental GDPR Privacy Statement above, exercisable under the UK GDPR. You also have the right to lodge a complaint with the UK Information Commissioner's Office (ico.org.uk).

Terms of Use

CLIMATE EARTH Terms of Use

Last updated – March 6, 2026

THESE TERMS OF USE (“AGREEMENT”) ARE A LEGAL AGREEMENT BETWEEN YOU OR THE COMPANY YOU REPRESENT (COLLECTIVELY “YOU” OR “YOUR”), AND CLIMATE EARTH, (“US,” “WE” OR “OUR”) GOVERNING YOUR ACCESS TO OR USE OF OUR WEBSITE AS WELL AS OUR SOFTWARE PLATFORM AND RELATED SUPPORT AND SERVICES THAT WE PROVIDE (COLLECTIVELY, OUR “SERVICES”).

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION TO RESOLVE DISPUTES ON AN INDIVIDUAL CLAIM BASIS ONLY AND WITHOUT A JURY TRIAL.

UNLESS WE HAVE ANOTHER WRITTEN AGREEMENT WITH YOU OR THE COMPANY YOU REPRESENT, THIS AGREEMENT APPLIES TO YOUR USE OF THE SERVICES, TOGETHER WITH YOUR ORDER (MADE ONLINE OR BY ORDER FORM), AND THE CLIMATE EARTH PRIVACY POLICY WHICH IS INCORPORATED BY REFERENCE: https://climateearth.com/privacy-policy.

These Terms of Use apply to You and Your use of the Services, including any others you permit to use the Services. If you do not accept all terms of this Agreement including the Privacy Policy, then You are not authorized to access and use the Services. Your use of the Services constitutes your acceptance of this Agreement.


  1. Use of the Services.

    Subject to the terms and conditions of this Agreement, We hereby grant You a limited, non-exclusive, royalty-free, non-transferable, non-sublicensable right to allow Your authorized users (“Users”) to access and use the Services during the Term solely for Your and Your Affiliates’ own business purposes in accordance with the documentation we make available on our website at
    https://climateearth.com/resources-library
    (“Documentation”), and subject to any limitations (such as the number of users) stated in association with an online purchase or in a signed order form (Your “Order”).

    “Affiliate” for the purposes of this Agreement means a business entity that is controlled by, controlling, or under common control with Your company.

  2. Trial Plans.

    If You order a limited-time “trial” or “evaluation” version of the Services (“Trial Plan”) under this Agreement, You may use the Service until you have either reached any usage limits specified or for the period of time specified in your Order not to exceed ninety (90) days, whichever occurs first (the “Trial Period”). You may use the Services under the Trial Plan solely for Your evaluation purposes, and not in a production setting. The Services may automatically cease functioning at the end of the Trial Period and all data and information hosted by the Services will no longer be available to you unless (i) You supply Your payment card or other payment information and purchase a paid subscription to the Service; or (ii) Climate Earth extends Your Trial Period in writing in its sole and absolute discretion. You acknowledge and accept that We may terminate Your use of the Services under the Trial Plan for any reason or no reason at all and without any required prior notice.

    NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WE PROVIDE THE SERVICES UNDER THE TRIAL PLAN “AS IS” WITHOUT INDEMNIFICATION, WARRANTY, OR LIABILITY TO YOU OF ANY KIND. USE OF THE TRIAL PLAN IS AT YOUR OWN RISK AND SOLELY FOR EVALUATION PURPOSES.

  3. Restrictions on Use.

    You may not use the Services or Documentation except as expressly permitted in this Agreement. You may not cause or authorize Users or any third party to: (i) alter, modify or create any derivative works of the Services, the underlying source code, or the Documentation; (ii) rent, lease, license, sublicense, encumber, sell, offer for sale, or otherwise transfer rights to the Services or Documentation, including for timesharing or as a service bureau; (iii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services; (iv) copy, distribute, link, frame, mirror or otherwise make available any portion of the Services to any third party other than a third-party contractor who may only use the Services to support Your internal business purposes; (v) remove or alter any logos, trademarks, links, copyright or other notices, legends or markings from the Services or Documentation; (vi) attempt to bypass or tamper with the security, operation, use limits, or access control technology of the Services; (vii) attempt to access the accounts or data of any other customer or third party; (viii) use the Services for benchmarking purposes, or otherwise to analyze its workings and features for competitive purposes; (ix) use the Services in a manner that imposes unusual demands on it outside of normal functions and operations; (x) use, or allow the use of, the Service(s) by anyone located in, under the control of, or a national or resident of a U.S. embargoed country or territory or by a prohibited end user under export control laws; (xi) use the Service(s) to create, use, send, store, or run viruses or other harmful computer code; or (xii) use the Service(s) or Documentation in a way that violates applicable law or infringes upon the rights of a third party, including without limitation those pertaining to contract, intellectual property, lawful use and application of AI technology, data privacy, or publicity. Notwithstanding any other provision of this Agreement, in the event of breach of any restrictions in this Section 3, We shall have the right upon notice to immediately suspend Services until such breach is corrected.

  4. Passwords.

    You and your Users are solely responsible for using secure passwords, changing passwords frequently, and maintaining the confidentiality of user logons and passwords. We shall not be liable for any losses arising from unauthorized access to the Services or Your account that is due to the failure of You or Your Users to protect accounts through proper maintenance of user logons and passwords.

  5. Protection of Your Data.

    We shall maintain industry standard administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of the data You provide to Us for processing by the Services (“Your Data”). At all times, both We and You shall use all reasonable efforts to comply with all applicable laws and regulations governing the use and privacy of information (“Privacy Laws”). In the event of an intrusion or other breach of the Service’s security, regardless of the cause, We shall: (a) notify You of the breach without undue delay upon Our becoming aware of it; (b) update You once an investigation into the nature of the breach has been conducted and sufficient steps to remediate or correct the breach have occurred to ensure that all of Your Data is secure and would not be further jeopardized by such notification; and (c) resolve the breach and take commercially reasonable steps to recover any data disclosed as a result thereof.

  6. Anonymous Data.

    You acknowledge and agree that We are permitted to compile and use statistical or anonymized, non-personally identifiable information obtained by use of Our Services and use or transfer such information for any lawful purposes; provided, however, that such data has been fully de-identified and cannot in any way be traced back to You, Your Data, Your Users, and does not contain any personally identifiable information.

  7. Use of Artificial Intelligence.

    We are committed to responsible and ethical use of AI. The AI features included in Our Services are designed to support transparency, accountability, and human oversight. We shall not use, and shall not permit any data processor, contractor, or agent to use, Your Data to train, fine-tune, or otherwise improve any machine learning or artificial intelligence models, except as may be expressly authorized by You. You may consult the Documentation for information on how to allow or disallow use of any data for AI training purposes.

  8. Responsibility for AI Input and AI Output.

    You acknowledge and agree that You are responsible for all prompts, data, and other information you provide for use with AI-enabled features of our Services (“AI Input”) and for Your use of any resulting responses and other output (“AI Output”). You are solely responsible for reviewing, validating, and determining the appropriateness of any AI Output generated with the assistance of AI features within Our Service. AI Output is not guaranteed to be accurate and requires validation by your personnel. You shall ensure Your use of all AI features and AI Output complies with applicable laws, including without limitation restrictions on profiling, automated decision-making and human-in-the-loop requirements, transparency marking and disclosures, or use of AI for purposes prohibited by applicable law.

  9. Artificial Intelligence Disclosures.

    We shall: (a) disclose to You the identity of any AI providers we use to power AI features built into Our Services; (b) implement such AI systems in accordance with recognized governance frameworks, including the NIST AI Risk Management Framework (AI RMF 1.0), and applicable AI laws and regulations; and (c) implement safeguards consistent with industry standards to seek to mitigate known risks including bias, hallucinations, and false or misleading AI Output. As may be required of Us or You by applicable law, We shall provide, upon Your request, necessary “Model Card” information or transparency reports about the logic, capabilities, and limitations of AI functionality we use in the delivery of Our Services, such as a high-level explanation of sources of training data, how outputs are generated and any material risks associated with use of such features, and safety and risk mitigation features. For AI systems you opt to connect and use that are Third-Party Components from third-party AI providers, such information must be obtained from the provider of the Third-Party Component.

  10. Proprietary Rights.
    1. Your Data and Customer Materials.

      As between the parties, You will retain all right, title and interest in and to the information provided by or on your behalf for processing by the Services and any other materials or information provided by or for You needed by Us to perform the Services and fulfill our obligations under this Agreement. Nothing in this Agreement will confer to Us any right of ownership or interest in the Your Data or other materials you make available to us, other than the limited license and rights set forth herein to provide the Services.

    2. Our Intellectual Property.

      As between the parties, We shall retain all right, title and interest in and to Climate Earth Intellectual Property, and any changes, derivatives, corrections, developments, bug fixes, enhancements, updates and other modifications, improvements thereto made by or for Us, and as between the parties all such rights shall exclusively vest in Us. Nothing in this Agreement will confer on You any right of ownership or interest in any Climate Earth Intellectual Property, other than the limited license set forth herein. “Climate Earth Intellectual Property” means Our proprietary technology, including the Services and Documentation, websites, software tools, hardware designs, algorithms, software, APIs, user interface designs, architecture, documentation, network designs, know-how, and trade secrets, improvements, materials, methods, processes, formulas, techniques, deliverables and other information developed or otherwise made in whole or part by Us in the performance of the Services, and all intellectual property rights therein and thereto throughout the world (whether owned by Us or licensed to Us by a third party). Climate Earth Intellectual Property does not include Your Data or materials.

  11. Feedback.

    We encourage You to provide suggestions, proposals, ideas, recommendations, or other feedback regarding improvements to the Services and related resources (“Feedback”). To the extent You provide Feedback, You grant Us a non-exclusive, royalty-free, fully paid, sub-licensable, transferable, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import and otherwise exploit Feedback (including by incorporation of such Feedback into the Services without restriction), provided that such Feedback does not identify You or Your Users or include any Your Data without Your prior written consent.

  12. Fees and Payment Terms.
    1. Fees.

      You shall pay all Fees due associated with Your Use of the Services as set forth on Your Order (“Fees”) as well as any sales, VAT, or similar transaction taxes, if applicable, that We are required to collect.

    2. Invoiced Customers.

      If you have been approved by Us to be invoiced for payments, then unless otherwise stated in Your Order, You will pay all Fees in accordance with the following: (a) Fees are invoiced in advance for the entire Subscription Term; (b) payment will be due within thirty (30) days from the date of the invoice. Once accepted by Us, Your Order is non-cancellable and nonrefundable except as expressly provided in this Agreement, and the Subscription Term as set forth in the order form is a continuous and non-divisible commitment for the entire duration of the Subscription Term.

    3. Payment Cards/Electronic Payments.

      If Your Order specifies payment by a payment card or a supported electronic payment processing service (“Payment Account”), We will charge Your Payment Account for the full amount of Subscription Term Fees at the time of Your Order, which amount is not cancellable or refundable. You will also be charged for any additional purchases You make during the Subscription Term, or if You exceed Your usage credits, and We will charge the applicable amount to Your Payment Account at such time. Your Payment Account will also be charged for all applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions. If your Payment Account declines Your purchase, we may suspend the Services until you establish a new Payment Account and pay all Fees due. You are responsible for keeping all Payment Account information accurate and up to date, including payment card, address, and account information needed by Us to charge your Payment Account. You hereby represent that You have the right to provide Us with Your Payment Account information and authorize Us to charge Your Payment Account for all Fees as they come due. You agree to pay all charges incurred by Users of Your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred.

    4. General Payment Terms.

      All Fees are payable in United States dollars and are non-cancelable and non-refundable except as otherwise set forth herein. You shall be responsible for paying all sales, use, value added or other taxes we are required to collect, except for taxes based on Our income. For unpaid amounts due, not properly disputed, We may, without prejudicing any other rights or remedies available to Us, charge interest at the rate of 1% per month or the maximum rate permitted by applicable law, whichever is less, and suspend the Services until You have paid all Fees due. You will reimburse any costs or expenses (including, but not limited to, reasonable attorneys’ fees) incurred by Us reasonably necessary to collect any amount that is not paid when due and not properly disputed.

    5. Disputes.

      You will notify Us in writing in the event You have a good faith dispute as to Fees or taxes payable by You under this Agreement. You will provide such notice to Us prior to the due date of the invoice containing such Fees or taxes due that are in dispute and the We will work together with You in good faith to resolve the applicable dispute promptly. Calculations regarding usage of our Services will be based on Our system reports as the system of record. You will pay all amounts that are determined to be payable by resolution of the dispute within ten (10) days following such resolution.

  13. Term and Termination.

    This Agreement commences when You accept the terms and expires on the date of expiration or termination of all your Orders (the Agreement “Term”). Each Order will state the Subscription Term for the Services ordered.

    1. Auto-Renewal; Pricing.

      Unless otherwise specified in Your Order, at the end of each Subscription Term Your Order shall automatically renew for an additional Subscription Term of equal duration (a “Renewal Term”) unless You or We notify the other party of the intent not to renew at least thirty (30) days prior to the end of the current Subscription Term. Pricing applicable to a Renewal Term shall be at the then-current pricing in effect unless otherwise expressly agreed by the parties’ authorized representatives in writing.

    2. Termination.

      You may choose to terminate this Agreement and all Orders at any time for any reason with written notice, provided that upon such termination You will not be entitled to a refund of any pre-paid Fees, and all remaining Fees for a then-current Order or Subscription Term that are outstanding will become immediately due and payable. Either party may terminate this Agreement and all Orders upon thirty (30) days’ prior written notice to the other party for cause: (i) if after such notice period a material breach by the other party remains uncured, or (ii) if the other party becomes the subject of a petition of bankruptcy, or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If We properly terminate the Agreement and all Orders for an uncured breach by You, You will not be entitled to a refund of any pre-paid Fees, and all remaining Fees for a then-current Order or Subscription Term that are outstanding will become immediately due and payable. If You properly terminate the Agreement and all Orders for an uncured breach by Us, we will refund to you on a pro-rated basis any unused, unearned Fees as of the date of termination and no further Fees from You shall be due.

    3. Effect of Termination.

      Immediately upon termination of this Agreement for any reason, You will cease use of the Services and return or destroy all copies of Our Confidential Information, provided you may retain any EPDs or other output and reports you generated using the Services. After the expiration or termination of this Agreement for any reason Your account shall be deactivated and all Your Data deleted unless retention is required by law. All provisions of this Agreement which by their nature should survive cancellation or termination of this Agreement shall survive cancellation or termination.

  14. Confidentiality.
    1. Definition of Confidential Information.

      As used herein, “Confidential Information” means all confidential information disclosed by a party to this Agreement (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data and any ancillary information, such as account information for Users. Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was or becomes known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party as evidenced by written records, or (iii) is independently developed by the Receiving Party without any use of the Disclosing Party’s Confidential Information.

    2. Protection of Confidential Information.

      Receiving Party shall not disclose Disclosing Party’s Confidential Information to any third party except as permitted by this Agreement. Receiving Party shall only use Disclosing Party’s Confidential Information to fulfill its obligations under this Agreement. Receiving Party shall use the same degree of care to protect the confidentiality of the Confidential Information that it uses to protect its own confidential and proprietary information (but in no event less than reasonable care). Receiving Party may disclose Confidential Information to its employees, consultants, agents, and data Subprocessors (collectively “Representatives”), who reasonably need to know such Confidential Information for purposes of this Agreement, provided that Receiving Party shall ensure that such employees, consultants and agents are bound by obligations of confidentiality at least as protective of the Disclosing Party’s Confidential Information as the obligations in this Section. Receiving Party shall be liable for any disclosures of Confidential Information by its Representatives.

    3. Compelled Disclosure.

      The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law or governmental authority to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. The Receiving Party shall limit any disclosure of Confidential Information pursuant to this Section to the extent strictly necessary to comply with the applicable request by such governmental entity. Any disclosure of Confidential Information pursuant to this Section shall not affect the confidential treatment of such disclosed Confidential Information.

    4. Remedies.

      Receiving Party agrees that a breach of this Section may result in immediate and irreparable harm to Disclosing Party that money damages alone may be inadequate to compensate. Therefore, in the event of such a breach, the parties stipulate and agree that the Disclosing Party will be entitled to seek and obtain equitable relief, including but not limited to a temporary restraining order or preliminary injunction.

  15. Indemnification.
    1. By Us.

      We shall defend, indemnify, and hold You harmless from and against all claims, losses and damages (including reasonable attorneys’ fees) made by a third party against You that the Services infringes that third party’s United States intellectual property rights, except to the extent such a claim arises from Your misuse or unauthorized use of the Services. If We believe that any portion of the Services may be subject to such a claim, then We may, at Our sole option and expense, procure for You the right to continue using the Service, modify or replace the infringing portions of the Service to allow for continued use, or if these alternatives are not commercially reasonable, refund any unused, prepaid Fees and terminate this Agreement. Notwithstanding the foregoing, Our indemnification obligations set forth in this Section do not apply to, and We will have no obligation for, any claim to the extent it arises from (i) modifications to the Service by anyone other than Us or a third-party expressly instructed on Our behalf, (ii) modifications to the Service based upon specifications furnished by You (iii) You and/or any of Your Users’ unauthorized use of the Service, (iv) Your Data, or (v) use of the Service in conjunction with third-party software, hardware, data, or services, or any other combination of the foregoing, unless such item is identified by Us as part of the system requirements for the Services. THIS SECTION STATES OUR ENTIRE LIABILITY FOR ALLEGED INFRINGEMENT BY THE SERVICES OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

    2. By You.

      You agree to defend, indemnify and hold Us harmless from and against all claims, losses and damages, suits, government investigations, fines, actions, damages, settlements, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) made by a third party based on allegations: (i) that if true would constitute a breach of Your obligations under Section 3 (“Restrictions on Use”) of this Agreement; and (ii) claims alleging infringement, misappropriation, or unauthorized use directed at Your Data or other materials you provide to Us in relation to the Services.

    3. Indemnification Procedures.

      As a condition to being indemnified under this Agreement, the party seeking indemnification shall: (i) promptly notify the indemnifying party of the claim, provided that delay in notification shall not relieve a party of its indemnification obligations except to the extent the delay caused prejudice to the indemnifying party’s ability to defend; (ii) allow the indemnifying party sole control of the defense and settlement of such claim; and (iii) provide assistance, at the indemnifying party’s expense, in defending or settling the claim. The indemnifying party shall keep the indemnified party informed of and consult with the indemnified party in connection with the progress of such litigation or settlement and not settle any such claim in a manner that does not unconditionally release the indemnified party without the indemnified party’s written consent, not to be unreasonably withheld or delayed.

  16. Limited Warranties; Disclaimers.
    1. Services.

      We warrant for duration of the Subscription Term that the Services will operate in substantial conformance with the Documentation when used in normal operating conditions. Your exclusive remedy for breach of this warranty is to notify Us in writing in reasonable detail of the non-conforming aspect of the Services during the warranty period, and upon receipt of such notice, We, at Our option, will either use commercially reasonable efforts to modify and provide an update to the Software so that it is in conformance with this warranty requirement, or provide a commercially reasonable work-around within a reasonable period of time. Notwithstanding any other provision of the Agreement, this Section sets forth Your exclusive rights and remedies and Our sole liability in connection with the warranty related to the performance of the Services.

    2. Professional Services.

      We warrant to You that the Professional Services will be performed in a competent and workmanlike manner in accordance with accepted industry practices and the terms and conditions herein. However, if You do not provide Us timely access to Your Customer Materials in Our performance of Professional Services, then Our performance will be excused until You do so. Your exclusive remedy for breach of this warranty is to notify Us in writing within thirty (30) days of the non-conforming Services. Upon receipt of such notice, at Our option, We will either use commercially reasonable efforts to re-perform the Professional Services in conformance with these warranty requirements or will terminate the affected Professional Services and will refund You the prorated amount of Fees for the unperformed and non-conforming Professional Services. This Section sets forth Your exclusive rights and remedies and Our sole liability in connection with the performance of Professional Services.

    3. Warranty by Customer.

      You warrant to us that You have the legal right, licenses, and consents as needed for us to process Your Data for You as provided by this Agreement. Further, you represent and warrant that you are responsible for the accuracy and proper use of any data you choose to input and use with the Services, and that you will not use or rely in any way on EPDs or other output from the Services without first obtaining verification by an independent third-party verifier who has been approved by an accredited certification body.

    4. EXCEPT FOR THE FOREGOING, WE PROVIDE THE SERVICES AND DOCUMENTATION “AS IS” WITHOUT ANY WARRANTY WHATSOEVER AND HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SERVICES WILL BE FREE FROM ERRORS OR VIRUSES, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, ACCURACY, SECURITY OF DATA, OR ACHIEVEMENT OF RESULTS. YOU ACKNOWLEDGE WE HAVE NO RESPONSIBILITY FOR THE ACCURACY OF YOUR DATA, OR FOR OTHER DATA OR SERVICES YOU CHOOSE TO USE IN CONJUNCTION WITH OUR SERVICES. FURTHER UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR HARM RESULTING FROM ANY ERRORS OR OMISSIONS IN EPDS OR OTHER OUTPUT FROM THE SERVICES THAT HAS NOT BEEN VERIFIED BY AN INDEPENDENT THIRD-PARTY VERIFIER FROM AN ACCREDITED CERTIFICATION BODY BEFORE USE. YOUR USE OF UNVERIFIED OUTPUT FROM THE SERVICES IS AT YOUR OWN RISK.

  17. General Limitation of Liability.

    TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER TO THE OTHER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, WHETHER OR NOT FORESEEABLE AND EVEN IF SUCH PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS AND CLAIMS BASED ON GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, A PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID OR PAYABLE HEREUNDER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY (THE “CAP”).

  18. Modifications to this Agreement.

    We reserve the right, at Our sole discretion, to modify or replace any part of this Agreement by (i) posting a revised Agreement on Our site with a new date, or (ii) providing reasonable notice to You of the change. Modifications will take effect at the start of the calendar month following notice for self-service month-to-month plans, and at the end of the prepaid Subscription Term for all other plans. Your continued use of the Services after the modifications take effect constitutes your acceptance of the revised Agreement unless We have another signed Agreement with You governing Your use of the Services.

  19. Independent Contractors.

    The parties to this Agreement are independent contractors and no agency, partnership, joint venture, employment, or similar relationship exists between them. Neither party has the authority to bind the other or incur any obligation on its behalf.

  20. Choice of Law; Mandatory Arbitration.

    READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Agreement shall be governed by and interpreted in accordance with the laws of the state of California without regard to its conflict of laws provisions. For any dispute with Us, You agree to first contact Us and attempt to resolve the dispute with Us informally. In the unlikely event that We have not been able to resolve a dispute with You after sixty (60) days, any controversy or claim arising out of or relating to this Agreement or the breach hereof, shall be settled by arbitration in the city of San Francisco, California, by binding arbitration by JAMS, Inc. (“JAMS”), on an individual basis only and not on behalf of a class. The arbitration shall be conducted on a confidential basis under the Optional Expedited Arbitration Procedures then in effect for JAMS. JAMS may be contacted and its rules reviewed at www.jamsadr.com. Any award shall be final, binding, and conclusive. A judgment upon the award rendered may be entered in any court having jurisdiction thereof. Nothing in this Section shall be deemed as preventing either party from seeking a preliminary injunction or other equitable relief from the courts in appropriate cases, or from bringing an action within the jurisdiction of a small claims court.

  21. Publicity.

    Neither Party shall refer to the identity of the other Party in promotional material, publications or other forms of publicity relating to the Service unless the prior written consent of the other Party has been obtained; provided, however, that We may use Your name and logo for the limited purpose of identifying You as a customer of Our Services on Our websites, and in other marketing materials distributed by Us (which may include emails and other web and print materials), and We agree to comply with any trademark usage policies or brand guidelines You provide to Us for such purposes.

  22. Export laws.

    You represent and warrant that (a) You are not located in or a national of a country subject to a United States Government embargo, (b) You will not access or use the Services (and will not permit any third parties including Your Users to do so either) in any country embargoed by the United States, (c) neither You, nor Your Users are a foreign military end-user, military-intelligence end-user or other foreign person or entity blocked or denied by the United States Government, (d) that You will not place any information in the Services that is controlled under the U.S. International Traffic in Arms Regulations, (e) You will not use the Services for any purpose prohibited by United States or applicable international import and export laws and regulations, including without limitation the development and creation of nuclear, chemical, or biological weapons, or rocket systems, space launch vehicles, sounding rockets, or unmanned aerial vehicle systems, or military and military-intelligence end-uses, and (f) You are entirely responsible for Your compliance with all applicable United States laws and regulations and with all applicable local laws and regulations related to export and import.

  23. Assignment.

    Neither party shall assign this Agreement without the written consent of the other party, not to be unreasonably withheld or delayed, except assignment without consent but with written notice is permitted in the event of a merger, acquisition, sale of substantially all the assets of a party or any similar transaction. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.

  24. Force Majeure.

    Except for payment obligations, if either You or We are prevented from performing or unable to perform any obligations under this Agreement due to causes beyond the reasonable control of the party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes, such party’s performance shall be excused and the time for performance shall be extended accordingly provided that the party immediately takes all reasonably necessary steps to resume full performance.

  25. Entire Agreement.

    This Agreement, along with Your Order and the exhibits attached hereto or incorporated by reference, constitute the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings. The failure of either party to enforce any of the provisions of this Agreement shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.

  26. Notices.

    Notices required hereunder shall be effective upon delivery to the other party via email, courier or delivery service, or U.S. mail, to a party’s designated contact information as shown in the Order Form.

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