Terms of use

Contains definitions used in the Agreement: Agreement, Authorized Payment Method, Billing Period, Confidential Information, Contact Information, Customer Content, Customer Data, Documentation, Effective Date, Intellectual Property Rights, Parties, Personal Data, Privacy Policy (link), Proposal, Reports, Services (ENScope, greenhouse gas calculations), Subscription Plan, Subscription Fee, Subscription Term, Third Party Applications, User(s), User Account, and shorthand references for ENEN Green and Customer.

License grant: ENEN Green grants Customer a worldwide, non-exclusive, non-transferable licence to use Services and Documentation during the Term for Customer's internal business operations, subject to compliance. Purchased services are governed by this Agreement and Subscription Plan. Additional features may be added via Subscription Plan. Availability: commercially reasonable efforts to provide 24/7 availability (except scheduled outages and force majeure). Downgrades and modifications allowed. Customer support: basic support included; customized support if specified. Use restrictions: no copying, reverse engineering, resale, use to provide third-party services, implying affiliation, storing unlawful content, or interfering with Services. Breach of use restrictions is material. Compliance with laws required. Customer must protect against unauthorized use and notify ENEN Green. Reservation of rights to ENEN Green. Third-party applications may access Customer Data and ENEN Green not liable for such access. Feedback assigned to ENEN Green.

Free trial terms: trial available until trial end or start of paid subscription; data may be deleted if not subscribed. Subscription Fees: fixed during initial term unless you exceed limits, upgrade, subscribe to add-ons, or otherwise agreed. Fee adjustments at renewal: may increase up to 10% with 30 days' notice; Customer may terminate instead. Payment: authorize charging Authorized Payment Method; third-party payment processors used. Invoice payments due within 30 days unless stated otherwise. Payment disputes: cooperate to resolve within 14 days. Keep payment and billing info updated; charges continue until outstanding fees paid. All payment obligations non-cancellable and non-refundable except as stated. Taxes: fees exclusive of taxes; GST specifics and need for valid GST number. Withholding tax: you may deduct required withholding but must provide tax receipt within 90 days or full amount becomes due.

Customer must use Services per Agreement and Documentation, obey laws, and is solely responsible for accuracy of Customer Data and consequences of Reports. Customer must maintain backups and is responsible for errors in data it provides. ENEN Green not liable for damages from Customer-supplied errors. Customer must cooperate with verification requests about proper use.

ENEN Green (and licensors) own all rights in Services and Documentation, including enhancements. Customer owns Customer Data. ENEN Green may create aggregated/anonymized ENEN Green Data and owns it. ENEN Green owns Reports and grants Customer a worldwide, perpetual, royalty-free, transferable, sublicensable irrevocable right to use Reports commercially under the Agreement. Works developed by ENEN Green in performing Services remain ENEN Green property. Third-party products provided are governed by their terms and ENEN Green disclaims responsibility for them.

Customer should refrain from submitting Personal Data except minimum necessary (name, job title, email, password). ENEN Green acts as controller for such Personal Data and processes it per its Privacy Policy.

Defines exclusions from Confidential Information. Each Party must not disclose the other's Confidential Information during the agreement and for five years after termination, except as permitted. Required disclosures (by law) must prompt notice to Disclosing Party and cooperation to limit disclosure. Allowed disclosure to employees/advisers who need to know, and permitted use only to perform obligations under the Agreement.

Mutual warranties: each Party represents they can lawfully enter Agreement. ENEN Green warrants Services consistent with industry standards and targets 99% monthly availability (excluding scheduled outages); remedy: commercially reasonable efforts to fix; if not fixed within 60 days, Customer's exclusive remedy is a credit or refund for the month, if Customer notified within 30 days. Customer warrants Customer Data do not infringe rights, that it has necessary consents, hasn't misrepresented identity, will not remove ENEN Green branding from Reports, and billing info is correct. Exceptions to warranty include combinations with non-provided hardware/software, modifications by others, or use outside Agreement. Disclaimer: except express warranties, ENEN Green disclaims implied warranties (merchantability, fitness for purpose), no guarantee Services are error-free, secure, or uninterrupted, and disclaims liability for Customer's use of Reports.

Customer indemnifies ENEN Green for third-party claims that Customer Data infringe Intellectual Property Rights, including damages and legal fees.

ENEN Green will not be liable for indirect or consequential losses (regulatory fines, loss of profits, sales, agreements, goodwill, data corruption, etc.). Cap on liability: total liability limited to the greater of (A) total amount paid by Customer to ENEN Green in the 12 months prior to the claim, or (B) if no fees paid, INR 2500. Customer agrees this limitation is a condition of receiving Services.

Agreement starts on Effective Date and runs until terminated per terms. Subscription Terms are in Subscription Plan and auto-renew unless specified otherwise. Notice of Non-Renewal: default 90 days unless Subscription Plan states otherwise; turn off auto-renew in billing details to opt out. Early cancellation: Agreement not terminable prior to end of Subscription Term; early cancellation yields no refunds and outstanding fees remain payable. Termination for misuse: ENEN Green may terminate with 30 days' notice for conduct harmful to ENEN Green. Termination for cause: either party may terminate for uncured material breach after 30 days, or immediately for insolvency. ENEN Green may terminate without notice for any reason and may suspend access. Mutual termination for material breach after 30-day cure period. Suspension for legal violations. Post-termination liabilities survive.

Suspension for non-payment: notice provided; may suspend 10 days after notice unless dispute in good faith. Reactivation fee may apply. Suspension for present harm: efforts to limit suspension; does not limit termination rights. Effect of termination/expiration: Services no longer made available. Consequences: Customer remains subject to Agreement while account exists; if terminated for cause by Customer, refund of prepaid unused fees; if ENEN Green terminates for cause, Customer pays unpaid fees through end of Subscription Term. Fees otherwise non-refundable.

Relationship: independent contractors. Assignability: Customer may not assign without ENEN Green consent. Notices: in writing via email to provided addresses; effective on transmission date. Force majeure: ENEN Green not liable for delays/failures due to causes beyond control. Governing law and jurisdiction: India law; courts of New Delhi exclusive jurisdiction. Waiver: failure to enforce not waiver. Severability: invalid parts do not affect rest. Counterparts: may be executed in counterparts and by facsimile. Entire Agreement: includes schedules and supersedes prior agreements. Interpretation rules: inclusive 'or', 'include' means without limitation. Assign and Transfer: Customer may not assign except as part of merger/sale. No partnership: not a partnership; conflicting purchase order terms are rejected.

These Terms are entire agreement and supersede prior negotiations. ENEN Green may update terms; active subscribers will be notified by email/invoice 30 days prior. Archived terms available in User Account. Survival: terms that by nature survive termination will survive. Exclusion of implied terms to the fullest extent permissible by law.