TERMS OF SERVICE

Last updated: December 15, 2024

Welcome to COOLECT, an application available at https://www.coolect.app (hereinafter: "Application", "COOLECT").

These terms of service (hereinafter: "Terms") govern your access to and use of the Application, along with all services provided through it (hereinafter: "Services"). The Services we provide may include various software features, profiles, data analysis tools, content libraries, educational resources, and other types of content. For the purposes of these Terms, the term "COOLECT Content" refers to all information, data of any kind, texts, graphics, images, sound, video, all software features and/or functionalities, and any other material available on the Application, whether created by us or licensed from third parties. This includes user manuals and tutorials, reports, dashboards, templates, and all other resources we may provide to help or improve your experience with our Application. Our Services may also include access to online events, such as webinars.

This Application is operated by Greenovation Strategy d.o.o., headquartered in Zagreb, at Ulica Roberta Frangeša - Mihanovića 9, (hereinafter: "Greenovation", "we"). By accessing the Application or using our Services or COOLECT Content in any way, you confirm that you agree to these Terms.

If you have any questions or comments regarding these Terms, the Application, and/or the Services we provide, please feel free to contact us at info@coolect.app. We will strive to respond to you within a reasonable timeframe.

1. Registration for the Application

1.1. Acceptance of these Terms

Before registering and using the Application, please carefully read these Terms. By accessing the Application or using the Services and any COOLECT Content, you confirm that you have read, understood, and accepted these Terms, as well as all policies and documents they refer to.

1.2. These Terms Constitute an Agreement

By registering for COOLECT and accepting these Terms, you enter into a binding Agreement with Greenovation. If you do not agree with any provision of these Terms, you must not register for COOLECT, access the Application, or use the Services, including COOLECT Content, in any way.

These Terms will remain in force as long as your account for accessing the Application ("COOLECT Account") is active. Access to the Services is automatically terminated after a failed payment. Account deactivation occurs after 15 working days of outstanding payment obligations.

Please note that Greenovation may, at its sole discretion, deactivate your COOLECT Account, thereby disabling access to the Services or COOLECT Content, in case of violation of these Terms or for other reasons stated below.

However, even after your COOLECT Account has been deactivated, these Terms will remain applicable to any further use of the Services we provide, especially to any further use of COOLECT Content that has been made available to you.

1.3. Terms of Access to the Application

Access to the Application and use of our Services, including COOLECT Content, is possible under the condition that you are capable of entering into a legally binding agreement with Greenovation (and, if applicable, on behalf of your Organization, as described below) and that you act in accordance with these Terms and all relevant laws and regulations.

To be able to use our Services, you must meet the following conditions:

  • Be at least 18 years old or of legal age according to the laws of your country of residence, if that age limit is higher;
  • Complete the registration process by providing all requested information and accept these Terms;
  • Maintain an active COOLECT account using a professional or business email address;
  • Be an employee or authorized representative of a company or other legal entity ("Organization") on whose behalf you are registering for the Application, with the right to access and use the Application.

1.4. Organizations

If you access or use COOLECT on behalf of an Organization:

  • these Terms constitute an agreement between Greenovation and you, as well as between Greenovation and that Organization;
  • you confirm that you have the authority to bind that Organization to these Terms (if this is not the case, you must not access the Application or otherwise use our Services, including COOLECT Content);
  • by accepting these Terms, you also bind the Organization to comply with them;
  • your access to the Application may be suspended or permanently revoked, and the ownership of your COOLECT Account transferred to the Organization, if you cease to be associated with that Organization or do not use the email associated with it;
  • we may share information about you and your use of the Application, including your User Content (as defined below), with that Organization or relevant persons within it;
  • the terms "You" and "Your" in these Terms refer to you and the Organization (unless the context requires otherwise).

1.5. Registration Data

When registering for COOLECT, Greenovation will request certain information from you. You are obliged to ensure that all provided data is accurate, up-to-date, and complete. In case of any changes to your registration data, you are required to notify Greenovation about it.

If the requested data includes personal data, its processing by Greenovation will be regulated by the Privacy Notice available on our website. By accessing the Application, you agree to all activities related to the processing of your personal data, as stated in that Privacy Notice.

Your COOLECT Account

2.1. General

Your account on the Application allows you access to the Services we provide, as well as all features and functionalities we enable from time to time, including COOLECT Content. You acknowledge and agree that you do not own your COOLECT Account.

As a user of the Application, you are allowed to use only one account, which is intended exclusively for your use. It is not permitted to share data associated with your COOLECT Account with any other person, except with authorized individuals within the Organization.

2.2. Account Security and Unauthorized Access

You are solely responsible for maintaining the confidentiality and security of your COOLECT Account access data. You agree to take all necessary steps to prevent unauthorized access.

You are responsible for all activities carried out through your COOLECT Account, which includes any unauthorized access that may occur due to failure to secure your login data. Greenovation will not be responsible for any losses or damage that may result from unauthorized access to your COOLECT Account.

In case of any unauthorized access to your COOLECT Account, you are obliged to notify us immediately. We reserve the right to suspend or permanently revoke access to your COOLECT Account without prior notice if we suspect any unauthorized access or if there are other security concerns.

2.3. Subscription Model

Access to the Application and Services is enabled exclusively through an annual subscription. Users can use COOLECT only after paying for the selected package. Available packages are Micro (up to 10 employees), Small (11-75 employees), Medium (76-250 employees), and Enterprise (custom solutions). Prices for the Micro package start from €1,990 annually, for Small from €4,990, Medium from €8,990, while the terms of the Enterprise package are defined by individual contract. A detailed description of functionalities by package is available in Article 2.4.

2.4. Fees and Costs

The subscription automatically renews every 12 months unless the user cancels at least 30 days before expiration. All packages include ESG report generation, access to corresponding modules, and support. The Micro package provides basic tools and 1 hour of consultations, Small adds advanced analytics and 4 hours of support, while Medium includes an ESG expert and 12 hours of consulting. The Enterprise package allows for complete customization of all parameters. Prices may be adjusted with 60 days prior notice.

2.5. Equipment

You are solely responsible for acquiring, maintaining, and ensuring compatibility of any hardware, software, network connectivity, or other equipment that may be necessary to access the Application. Greenovation does not provide any equipment, software, or other devices for accessing the Services and will not be responsible for any costs, damage, or losses associated with the equipment of users or third-party services that the user uses to access our Services.

Our Services

3.1. Provision and Availability of Our Services

Greenovation provides you access to the Services, including COOLECT Content, in accordance with these Terms. From time to time, we may update the content, features, or design of the Services, provided that such updates do not significantly reduce the overall functionality of the Application. By using the Services, you acknowledge that your use is not conditioned on the availability of any specific features or future improvements.

3.2. Changes to Our Services

As Greenovation continuously develops and improves its Services, you can expect that their format and features will change from time to time. This means we may periodically update our Services, including COOLECT Content available to you, with or without prior notice. Additionally, Greenovation reserves the right to temporarily or permanently cease offering the Application or Services, or any part or feature thereof, to individual or all users, with or without prior notice.

We also reserve the right to limit your use of the Application, including setting limits on the amount of COOLECT Content you can download or store. Changes in package structure or included functionalities will not affect active subscriptions until their expiration. New rules apply exclusively to extended or new subscriptions.

3.3. Disclaimer

Greenovation will make reasonable efforts to ensure the Application is functional and available. However, we cannot guarantee that the Application will always be available, work without interruption, or be error-free. Greenovation does not assume responsibility for any difficulties you may encounter while using the Application, regardless of the reason or duration of these difficulties.

By using the Application, you acknowledge that you do so at your own risk. To the fullest extent permitted by applicable laws, Greenovation provides COOLECT, as well as all services and content available through the Application, "as is", without any express or implied warranties. This includes, but is not limited to, warranties regarding merchantability, fitness for a particular purpose, functionality, quality, usefulness, regulatory compliance, or security. You are aware and accept that you have not relied on any representations, warranties, or claims related to the Application, except those expressly stated in these Terms. These Terms apply to the exclusion of any other terms you might attempt to impose or which would otherwise be implied.

Greenovation does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by third parties, including, but not limited to, websites linked through hyperlinks, banners, or other forms of advertising. Greenovation is not involved in or responsible for any transactions or interactions between users and third-party service providers.

3.4. Professional Services

COOLECT is a platform, or software tool, that allows users to generate sustainability reports and access other materials. For the avoidance of any doubt, Greenovation does not provide legal, tax, consulting, or any professional services. By using the Application, users recognize that the Application is intended for use solely as a tool that facilitates the preparation and compilation of reports and is not a substitute for professional services.

Users are responsible for the accuracy, legality, and compliance of generated reports with all applicable laws, regulations, and standards, including, but not limited to, applicable ESG guidelines and regulatory requirements. If users seek advice on legal, tax, or other specific issues, we advise them to consult experts in those areas.

Greenovation is not liable for any consequences arising from the use of generated reports or any COOLECT Content such as materials or information in the Application.

3.5. Support

Notwithstanding the above, if you encounter any problem regarding the operation or availability of the Application, please report it to our support team, which will be available at info@coolect.app. We will respond to your report and try to resolve the issue as soon as possible.

Use of the Application

4.1. Limited License

Subject to your compliance with these Terms, Greenovation grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Application (i.e., a license to use the Application), without the possibility of sublicensing.

For the avoidance of doubt, except for establishing a license, no right, especially no ownership right, is transferred to the users of the Application in relation to the Application or COOLECT Content available on the Application. All rights not expressly granted to you in these Terms are reserved by Greenovation.

It is strictly prohibited to use the Application, including any COOLECT Content, on behalf of or for the benefit of a third party without our express prior written consent.

4.2. Use of Content

The Application is intended exclusively for internal use by you or your Organization, through your user profile. The Application allows the generation of reports in PDF format based on the data you enter. You can download, modify, interpret, and share these reports with third parties according to your needs, including for business purposes, reporting, or other activities.

Although you have the right to modify and adapt the content of generated reports, you bear sole responsibility for the accuracy, validity, and compliance of these reports with applicable legislation, regulations, and standards. You agree not to use the reports in a way that could lead to false, inaccurate, or misleading representation of data and acknowledge that Greenovation is not responsible for the content you enter.

Greenovation retains all rights to the application and its content (including technology, design, and code), except when explicitly agreed otherwise. Any modification or adaptation of generated reports that could affect Greenovation's intellectual property rights must be agreed upon in advance.

4.3. Usage Restrictions and Prohibited Activities

You may access and use the Application exclusively for lawful purposes and in accordance with these Terms. To protect the integrity and security of the Application, and our interests as the owner and holder of all rights, you agree that you will not:

  • engage in reverse engineering, decompile, disassemble, or attempt to discover or reconstruct the source code, object code, underlying structure, ideas, algorithms, or know-how relevant to the Application, unless expressly permitted by applicable regulations;
  • share, distribute, sublicense, rent, resell, transfer, or in any way enable access to the Application or our Services, including any COOLECT Content (or any part thereof), to unauthorized third parties. Any attempt to enable access to a third party without our express written consent is strictly prohibited;
  • copy, reproduce, republish, modify, adapt, translate, or create derivative works from the Application or our Services, including any COOLECT Content and/or remove any proprietary notices or labels;
  • use the Application or any part of our Services, including any COOLECT Content, for purposes that directly or indirectly compete with our business, including creating or improving a competitive service, product, or application. In case of dispute, we reserve the right to decide what is considered a competitive purpose;
  • access or attempt to access the Application by any means other than the user interface provided by Greenovation. You must not access or attempt to access the Application by automated means, including so-called bots, spiders, scrapers, crawlers, unless we expressly permit it in writing;
  • bypass, disable, or otherwise interfere with security or technical restrictions or limitations on the Application, including any attempts to circumvent usage controls or access restrictions;
  • engage in any activities that may damage, disable, overburden, or impair the operation of the Application or its infrastructure. You must not engage in any activities that interfere with, disrupt (or could interfere with or disrupt) the operation of the Application (or associated servers, networks, and/or databases);
  • integrate any part of the Application into another website or service in any way;
  • engage in any conduct that, in our assessment, restricts or interferes with the lawful use of the Application by any other user or which may expose Greenovation or any user to harm, liability, or legal risk.

4.4. Security and Risk Assumption

Accessing, downloading, or otherwise obtaining materials through the Application is done at your own discretion and risk. Greenovation makes no warranties that the Application or any Service, including any COOLECT Content, will be error-free, operate without interruption, be secure and/or free from harmful elements such as viruses. You are solely responsible for any repairs, servicing, and/or corrections, and will bear all associated costs.

To the fullest extent permitted by applicable regulations, Greenovation will not be liable for any problems arising from your use of the Application, including data loss, security breaches, or other technical problems.

4.5. Compliance Monitoring

To ensure adherence to these Terms, we may, at our sole discretion, introduce various compliance monitoring tools.

4.6. Suspension and Permanent Revocation of Access

If you act contrary to these Terms, Greenovation may suspend or permanently revoke (cancel or deactivate) access to your COOLECT Account. In that case, you will lose access to your COOLECT account, including all associated data, files, and stored content.

Your COOLECT Account may also be deactivated, and access to the Application revoked at your request, at any time.

Once your account is deactivated, all assigned rights, i.e., the license granted in accordance with these Terms, immediately cease; you are expected not to continue using COOLECT Content, including any downloaded material, unless we expressly allow continued use after deactivation of your COOLECT Account.

User Content

5.1. General Provisions

When using the Application, you may upload or otherwise make available various content (hereinafter: "User Content"), including information about you and the Organization. You are obliged to ensure that any User Content does not infringe on the rights of others, including, without limitation, intellectual property rights or other proprietary rights (such as rights to preserve or expect confidentiality) or privacy rights of third parties who may have an interest in that content.

We will not be responsible for any loss, damage, cost, or expenses you may suffer or incur as a result of uploading any User Content. Furthermore, we are not responsible for the content or accuracy of User Content posted on the Application, regardless of whether we had the opportunity to review it or not. Greenovation is not obliged to edit or control User Content that you or other users publish.

Although we are not obliged to review, edit, or monitor content that you provide, we expressly reserve the right to remove, edit, or block any User Content at our sole discretion, without prior notice, for any reason. You are solely responsible for creating any backups you might need, at your own expense.

5.2. Ownership and Warranties

You agree and confirm that you are solely responsible for your User Content and the consequences of its uploading or publishing. You warrant that your User Content is true, up-to-date, accurate, and complete. Additionally, you represent and warrant that you own the User Content you provide on the Application, or that you have all necessary licenses, rights, consents, and/or permissions from the actual owners and/or entities of that User Content. You confirm that your User Content does not infringe on the rights of third parties.

If part of your User Content includes personal data, it is your sole responsibility to ensure all necessary consents according to applicable regulations regarding the publication of such data. You are obliged to comply with all relevant laws and regulations related to such information.

5.3. Prohibited User Content

You expressly agree that the User Content you upload or publish will not contain:

  • spam, unwanted promotions, advertising, contests, or raffles;
  • illegal, defamatory, harassing, offensive, indecent, pornographic, abusive, fraudulent, threatening, or vulgar content;
  • content that illegally discriminates based on race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, disease, physical or mental disability, faith, political views, or socio-economic class;
  • content that encourages criminal behavior or actions that would constitute a criminal offense under any law, or content that could lead to civil liability or other lawsuits; or
  • content that could reasonably pose a risk to the safety, health, or security of a person.

These are just examples of illegal and prohibited user content, not an exhaustive list. We reserve the right to determine that any other User Content is inappropriate or constitutes a violation of these Terms.

5.4. License for Greenovation

By uploading, publishing, or otherwise making available any User Content, you grant Greenovation a temporally and spatially unlimited, irrevocable, free of charge, fully transferable (including by sublicensing) non-exclusive right (i.e., license) to use that content. This includes, but is not limited to, the right to store, reproduce, translate, adapt or modify, display, distribute, or otherwise disclose this content to third parties. This license allows us to use User Content:

  • to deliver the Services and manage, maintain, and improve the features and functionalities of the Application;
  • for purposes that support the improvement of the Application, including, but not limited to, data analysis, research and development, diagnostics, advertising, and feature innovations. This includes the right to derive insights and/or create aggregated or anonymized data from User Content to improve our services, analyze Application usage, and develop new products or features;
  • to use, distribute, and otherwise exploit User Content for any lawful purpose, whether now known or subsequently developed, through any medium, application, or method of distribution, provided that this does not constitute a breach of confidentiality obligation or enable identification of the user, Organization, and/or any other entity associated with the entered data.

This includes the right to transfer or sublicense these rights to any affiliated or partner entities.

You agree that this license is granted without the need for any further notice, attribution, or compensation, and you waive any claims for such notice, attribution, or compensation in connection with the use of your User Content as provided herein.

5.5. Feedback

User Content does not include feedback, suggestions, comments, and/or ideas that you may provide to us regarding the use of the Application and our Services (hereinafter "Feedback"). You may decide, or we may invite you to submit such Feedback. All Feedback will be the exclusive property of Greenovation.

By providing any Feedback, you transfer all associated rights, including intellectual property rights, to Greenovation. We may use Feedback for any purpose, such as incorporation into the Application, without obligation to pay compensation or to cite you as the source.

Intellectual Property Rights

6.1. Ownership

Greenovation is the holder and retains all rights, including intellectual property rights, in relation to the Application, Services we provide, and any related content, materials, and/or data. This includes, without limitation:

  • all software, code, applications, algorithms, user interfaces, functionalities, tools, and underlying technology, whether developed by Greenovation or licensed, which are used to provide, maintain, or operate the Application or Services. This includes all related features, modifications, and/or improvements, regardless of whether they are implemented or available to users, as well as any new features, products, and/or Services that may be added to the Application;
  • all COOLECT Content, including all material that you upload or publish on the Application;
  • all data generated, collected, or derived from the use of the Application or Services by users, including, but not limited to, metadata, usage statistics, interaction data, system logs, performance metrics, and any other data generated or produced as a result of the Application's operation, including data related to user activities, preferences, or behaviors on the Application (hereinafter: "Usage Data"). For the avoidance of any doubt, Usage Data is the exclusive property of Greenovation and may be used for any lawful purpose, including analytics, business development, and/or improvement of the Application or Services.

6.2. Retained Rights

Except as expressly stated in these Terms, no right related to the Application or Services, including any COOLECT Content or Usage Data, is transferred to the user. You accept and agree that by using the Application and/or Services, you do not acquire any rights in relation to the intellectual property or other proprietary rights of Greenovation. Solely for the purpose of using the Application, and to the extent that your subscription allows, you are granted a license as stated in section 4.1 (Limited License).

6.3. Restrictions Regarding Our Intellectual Property

You agree that you will not:

  • remove, alter, or obscure any copyright, trademark, patent, or any other proprietary rights notice that is located on or associated with the Application, Services, or any COOLECT Content;
  • engage in reverse engineering, decompile, disassemble, modify, create any derivative work, or in any way attempt to access the source code of any software used in connection with the Application or Services, except to the extent permitted by applicable regulations, nor perform other prohibited activities as stated in section 4.3. (Usage Restrictions and Prohibited Activities);
  • misrepresent, violate, and/or challenge Greenovation's intellectual property rights, including, but not limited to, rights to the Application software, COOLECT Content, and/or any Usage Data;
  • use or distribute any content, materials, or data obtained through the Application for commercial purposes unless expressly permitted by these Terms; users are not authorized to sublicense, transfer, or assign any rights to third parties without Greenovation's prior written consent.

We have implemented a policy of terminating access for users whom we consider, at our sole discretion, to be infringing intellectual property rights. We may also decide to limit or terminate access to any user who violates third-party intellectual property rights, regardless of whether repeated violations have occurred.

6.4. Protection of Intellectual Property

Greenovation reserves the right to protect its intellectual property rights to the fullest extent possible. This includes, but is not limited to, the right to take all permitted legal actions against infringement or unauthorized use of intellectual property subjects. You agree to fully cooperate in the defense and protection of Greenovation's intellectual property rights in case of any infringement, including unauthorized use by third parties.

6.5. Third-Party Services

Our services may include links to third-party materials that we do not control. We may direct you to certain third parties who offer independent services related to your use of our services or who support your use of our services. Some functionalities we provide may require the use of or compatibility with third-party services, websites, information, materials, products, applications, extensions, or services (collectively "third-party services").

By using a third-party service, you agree to comply with the terms of service of that third party (or other applicable terms) or privacy policy that applies to those services. We do not endorse or assume responsibility for any such third-party services. If you access a third-party service through the Application or share your content through a third-party service, you do so at your own risk. You are aware that these Terms do not apply to the use of third-party services and agree that Greenovation is not responsible, in any way, for the use of such services.

Confidentiality

7.1. Our Confidential Information

The term "Confidential Information" refers to all information that one party may disclose in connection with the Application or the provision of Services, whether orally, in writing, or in electronic form, regardless of whether they are marked as confidential or should be understood as such due to their nature. This includes, but is not limited to:

  • software, source code, algorithms, methods, processes, designs, architectures, and technologies;
  • business plans, strategies, forecasts, financial information, and projections;
  • user data and account information;
  • COOLECT Content;
  • usage data, including information about how the Services are accessed, used, and/or communicated with. This includes metadata, clickstream data, and any other data derived from the use of the Application;
  • metrics, logs, performance statistics, and other system-related information;
  • User Content of a confidential nature.

7.2. Obligation of Confidentiality

Both parties agree to maintain the confidentiality of Confidential Information and not to disclose Confidential Information to third parties unless expressly permitted in writing by the other party. Both parties agree to make every effort to protect the confidentiality of this information, with at least the same care you would use to protect your own confidential information.

Confidential Information is generally permitted to be used only for the purposes for which it was provided. Access to Confidential Information must be limited exclusively to persons who must have access in accordance with the purpose for which it was disclosed to you, and the party receiving Confidential Information must ensure that each person who has access to the other party's Confidential Information is obligated to maintain its confidentiality.

For the avoidance of doubt, notwithstanding the above, Greenovation is authorized to use Confidential Information you provide as part of User Content in the manner provided in Chapter 5. (User Content).

After deactivation of your COOLECT Account, or earlier at our request, you must return or destroy all Confidential Information in your possession and confirm such return or destruction. Confidentiality obligations remain in force even after deactivation of your COOLECT Account.

7.3. Legal Remedies in Case of Breach

Any unauthorized disclosure or use of Confidential Information may cause irreparable harm, for which damages may not be sufficient compensation. Therefore, Greenovation has the right to seek appropriate injunctive relief or rely on other legal remedies in case of breach or threat of breach.

Limitation of Liability and Indemnification

8.1. Exclusion of Liability for Damages

Use of the Application and our Services, including COOLECT Content, is at your own risk. To the fullest extent permitted by applicable regulations, we are not liable for any direct, indirect, consequential, and/or any other damages that may arise in connection with your use of the Application. This includes, but is not limited to, exclusion of liability for any loss of profit, loss of sales or business, loss of contracts, loss of anticipated savings, loss and/or damage to reputation, loss or damage to data or software, and any other losses arising from or in connection with access, use, or inability to use the Application. For the avoidance of doubt, the above applies regardless of whether we knew or should have known about the possibility of damage occurring, or could have prevented its occurrence.

8.2. Limitation of Liability

In the event that we are liable to you for any claim arising from or in connection with your use of the Application, the total liability will be limited to (i) the total amount of fees you have actually paid for the provision of the specific Service that led to the claim in the 12-month period immediately preceding the harmful event; or (ii) if the service that led to the claim was provided as part of a free trial version or is otherwise provided free of charge, the amount of 1 EUR (in words: one euro).

8.3. Third-Party Content

We will not be liable for any damages or losses you may suffer arising from third-party services, as stated in section 6.5 (Third-Party Services), including, but not limited to, any third-party software accessed or used in connection with the Service.

8.4. Force Majeure

We will not be liable for any delay or inability to provide any Service if it is the result of circumstances beyond our reasonable control, provided that we take commercially reasonable efforts to prevent or resolve such circumstances.

If we reasonably believe that applicable regulations prohibit us from providing certain Services, we may freeze your COOLECT Account and/or cancel your subscription (including permanent termination or deactivation of your account) at our discretion.

8.5. Indemnification for Damages Suffered by Greenovation

You agree and undertake to indemnify for any damage, loss, cost, and expense (including legal and other advisory fees) incurred by Greenovation in connection with (i) your use of the Application and our Services, including any COOLECT Content, (ii) any breach of these Terms, (iii) any violation of third-party rights (including the Organization), or (iv) any violation of applicable regulations. The obligation to indemnify remains in force even after the termination of these Terms.

Miscellaneous

9.1. Assignment or Transfer

We may assign or transfer our rights and obligations under these Terms to any other person at our discretion. We will notify you of any such transfer, either by email or by posting a notice on the Application.

Users are authorized to assign or transfer their rights and obligations in connection with these Terms, including access to the COOLECT Account, only with the prior written consent of Greenovation.

9.2. Contracting Parties

These Terms establish rights and obligations exclusively in relation to Greenovation and the User (contracting parties), and do not establish any rights in favor of third parties, unless explicitly stated in this document that they also apply to third parties. Third parties have no right to enforce or rely on these Terms.

9.3. Severability of Provisions

If any part of these Terms is declared illegal or unenforceable by a court or any other competent authority, the remaining part of these Terms will remain in force to the greatest extent possible. An unenforceable provision will be interpreted in a way that most closely reflects the original intention.

9.4. Waiver of Rights

If we do not immediately exercise our rights under these Terms, or if we delay their enforcement, this does not mean that we have waived those rights or that you do not have an obligation to fulfill your obligations. We waive certain rights only if we do so in writing, and such waiver will not automatically apply to future incidents or breaches.

9.5. Amendments to these Terms

We reserve the right to change or update these Terms at any time, at our sole discretion. If we make material changes, we will notify you via email or by posting updated Terms on the Application. Material changes will take effect no earlier than seven (7) days after notification. Other changes may take effect immediately. Any further use of the Application means that you accept the changes.

9.6. Survival

Even after these Terms cease to be in force, certain rights and obligations will continue to apply. This means that some of your obligations will not automatically expire or be canceled upon termination, but will remain in full force. This includes all obligations that by their nature require or can reasonably be considered to require continuation, including our intellectual property rights and your related restrictions, all confidentiality obligations, payment obligations (if applicable), and indemnification obligations.

9.7. Governing Law and Jurisdiction

These Terms are subject to Croatian law, regardless of the principles of conflict of laws. However, if you are a consumer, you still have the right to initiate legal claims before the courts of your country of residence, in accordance with EU consumer protection legislation.

As a rule, Croatian courts will have jurisdiction over disputes related to these Terms, unless individual mandatory regulations prescribe otherwise. In cases involving infringement of our intellectual property rights, we may rely on applicable legal remedies in any country.

9.8. Communication Between Us

To inform you about important updates or changes, we will contact you via the email address associated with your COOLECT Account and/or by posting notices on the Application itself. You agree that any such communication, whether sent by email or through the Application, constitutes valid and enforceable notice.

You are responsible for ensuring that the email address associated with your COOLECT Account is up-to-date and accessible. It is also your responsibility to regularly check your incoming mail (including spam or junk mail) to ensure that you do not miss any important notices or updates.

You agree to contact us only via email. All questions, requests, or other messages you wish to send us, including notices related to these Terms, must be sent via email to: info@coolect.app, unless we notify you of another email address for communication. We are not responsible for any error or delay in the delivery of any communication you send us in any way other than via email.

9.9. Interpretation (Language of these Terms)

In the event that Greenovation publishes these Terms in multiple languages, you expressly agree that the Croatian language version of the Terms is the only official and legally binding version. In case of any inconsistency or difference between versions in different languages, the Croatian text will prevail.