TERMS & CONDITIONS
Last updated November 30, 2023
Thank you for choosing to be part of our community at Commons (“Company”,“we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at info@thecommons.earth.
Commons is licensed to You (End-User) by Joro Tech, Inc., located at 1528 Webster Street, Oakland CA (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple App Store or Google Play Store, and any update thereto, or accessing our service (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Commons, not Apple or Google, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service or Google Play Terms of Service. Commons acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
2. No Maintenance or Support
2.1 Commons is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
2.2 Commons and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
Thank you for choosing to be part of our community at Commons (“Company”,“we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at info@thecommons.earth.
Commons is licensed to You (End-User) by Joro Tech, Inc., located at 1528 Webster Street, Oakland CA (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple App Store or Google Play Store, and any update thereto, or accessing our service (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Commons, not Apple or Google, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service or Google Play Terms of Service. Commons acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
2. No Maintenance or Support
2.1 Commons is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
2.2 Commons and the End-User acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
1. THE APPLICATION
Commons (hereinafter: Application) is a piece of software created to make it possible for anyone to take climate action, starting with their own carbon footprint - and customized for Apple mobile devices. It is used to mobilize collective climate action.
2. NO MAINTENANCE OR SUPPORT
Commons (hereinafter: Application) is a piece of software created to make it possible for anyone to take climate action, starting with their own carbon footprint - and customized for Apple mobile devices. It is used to mobilize collective climate action.
3. LIABILITY
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS Commons HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS LICENSE AGREEMENT), Commons AND ITS AFFILIATES (AND THOSE THAT Commons WORK WITH TO PROVIDE THE Commons SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF Commons AND ITS AFFILIATES (AND THOSE THAT Commons WORK WITH TO PROVIDE THE Commons SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE GREATER THAN THE FEES YOU HAVE INCURRED IN USING THE Commons SERVICES. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Commons AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF Commons OR ITS AFFILIATES HAVE BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
4. WARRANTY
4.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
4.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Commons’s sphere of influence that affect the executability of the Application.
4.3 You are required to inspect the Application immediately after installing it and notify Commons about issues discovered without delay by e-mail provided in product claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 60 days after discovery.
4.4 If we confirm that the Application is defective, Commons reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
4.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
4.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
4.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Commons’s sphere of influence that affect the executability of the Application.
4.3 You are required to inspect the Application immediately after installing it and notify Commons about issues discovered without delay by e-mail provided in product claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 60 days after discovery.
4.4 If we confirm that the Application is defective, Commons reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
4.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
4.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
5. PRODUCT CLAIMS
Commons and the End-User acknowledge that Commons, and not Apple or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
6. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
7. CONTACT INFORMATION
For inquiries, complaints, questions or claims concerning the licensed Application, please email us at info@thecommons.earth or by post to:
Commons
1528 Webster Street
Oakland, CA 94612
United States
Commons
1528 Webster Street
Oakland, CA 94612
United States
8. TERMINATION
The license is valid until terminated by Commons or by You. Your rights under this license will terminate automatically and without notice from Commons if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
9. THIRD PARTY TERMS OF AGREEMENT AND BENEFICIARY
Commons represents and warrants that Commons will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
10. INTELLECTUAL PROPERTY RIGHTS
Commons reserves all of its intellectual property rights in the Commons services. Using the Commons services does not give you any license or ownership in the Commons services. Commons and related logos are the trademarks of Commons.
If you believe in good faith that your copyright has been violated, you may send us a notice of infringement pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) at the following address:
Commons
Copyright Agent
1528 Webster Street
Oakland, CA 94612
United States
If you believe in good faith that your copyright has been violated, you may send us a notice of infringement pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) at the following address:
Commons
Copyright Agent
1528 Webster Street
Oakland, CA 94612
United States
11. APPLICABLE LAW
You agree that the laws of the State of California, excluding its conflict of laws rules, shall exclusively govern any dispute to this License Agreement or the Commons services. You agree that all claims and disputes can be litigated only in the federal or state courts in San Francisco County, California, and that you agree to personal jurisdiction in those courts.
12. MISCELLANEOUS
12.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
12.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
12.3 We may change, modify, add or delete portions of this License Agreement from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this License Agreement, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. Your use of our services constitutes your binding acceptance of such changes.
12.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
12.3 We may change, modify, add or delete portions of this License Agreement from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this License Agreement, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. Your use of our services constitutes your binding acceptance of such changes.
13. MOBILE MESSAGING
Commons operates a mobile messaging program (the “SMS Program”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”). The SMS Program and our collection and use of your personal information is also subject to our Privacy Policy. By enrolling, signing up, or otherwise agreeing to participate in the SMS Program, you accept and agree to these Mobile Messaging Terms and Conditions.
13.1 Program Description: We may send promotional and transactional mobile messages in various formats through the SMS Program. Promotional messages advertise and promote our products and services and may include promotions, specials, and other marketing offers. Transactional messages relate to an existing or ongoing transaction and may include order notifications and updates, subscription updates, and other transaction-related information. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 10 messages per 30 days. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the SMS Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
13.2 User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the SMS Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [insert email or other contact method]. Your participation in the SMS Program is not required to make any purchase from us and your participation in the SMS Program is completely voluntary.
13.3 User Opt-Out and Support: You may opt-out of the SMS Program at any time. If you wish to opt out of the SMS Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the SMS Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
13.4: Disclaimer of Warranty and Liability: The SMS Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the SMS Program.
13.1 Program Description: We may send promotional and transactional mobile messages in various formats through the SMS Program. Promotional messages advertise and promote our products and services and may include promotions, specials, and other marketing offers. Transactional messages relate to an existing or ongoing transaction and may include order notifications and updates, subscription updates, and other transaction-related information. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 10 messages per 30 days. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the SMS Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
13.2 User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the SMS Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at [insert email or other contact method]. Your participation in the SMS Program is not required to make any purchase from us and your participation in the SMS Program is completely voluntary.
13.3 User Opt-Out and Support: You may opt-out of the SMS Program at any time. If you wish to opt out of the SMS Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the SMS Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
13.4: Disclaimer of Warranty and Liability: The SMS Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the SMS Program.
