15. Definitions
For the purposes of these Terms, the following definitions apply:
- greenclicks:refers to the software products, digital services and online platforms provided by Nokoala Solutions OÜ under the greenclicks brand.
- Company:refers to Nokoala Solutions OÜ.
- Customer:means any legal entity or individual business using greenclicks services.
- User:any individual authorized to use greenclicks software by a Customer.
- Administrator:the person who installs, configures or manages a greenclicks product for a Customer.
- Services:means all software, applications, APIs, integrations, consulting-related software, dashboards, automation tools, sustainability services and future digital products offered under the greenclicks brand.
- Customer Data:any information provided by or accessed on behalf of the Customer through connected platforms.
- Third-Party Services:means services, platforms or providers that are not owned or operated by greenclicks, including CRM systems, booking systems, cloud infrastructure providers and sustainability partners.
16. Acceptance of these Terms
By accessing, installing or using any greenclicks software or online service, you acknowledge that you have read these Terms, understand these Terms, agree to be bound by these Terms and have authority to accept these Terms on behalf of your organization, where applicable.
If you do not agree with these Terms, you must not use the Services.
17. Eligibility
The Services are intended for business customers. You represent that you are legally able to enter into binding agreements and, where acting on behalf of an organization, that you have authority to bind that organization. The Services are not intended for consumer use unless expressly stated otherwise.
18. Accounts
Certain Services require the creation of an account or the connection of third-party platforms. You are responsible for maintaining accurate account information, protecting access credentials, ensuring that connected platforms remain authorized and all activities performed through your account.
You agree to notify greenclicks without undue delay if you believe your account has been compromised.
19. Connected Platforms
Some greenclicks products integrate with third-party platforms such as CRM systems, booking systems and other business software. By connecting such platforms, you authorize greenclicks to access the information necessary to provide the requested Services.
greenclicks only accesses information required for the operation of the Services. The availability and functionality of third-party platforms remain under the control of their respective providers.
greenclicks is not responsible for interruptions, API limitations, changes or discontinuation of third-party services.
20. Subscription and Services
Some greenclicks Services are offered free of charge. Other Services may be usage-based, subscription-based, project-based consulting or other pricing models published for the applicable Service. Service descriptions, pricing and billing models are published on the applicable product pages or agreed separately with the Customer. The Company may introduce new Services, discontinue Services or modify existing Services as its products evolve.
21. Free Trial
Certain software products may include a free trial. The purpose of the free trial is to allow Customers to evaluate the Services. During the free trial, all applicable provisions of these Terms and the Privacy Policy remain fully applicable.
greenclicks may suspend or discontinue a free trial at any time where abuse, fraud or misuse is detected.
22. Pricing and Payments
Fees are determined according to the applicable pricing model for the respective Service. Unless otherwise agreed, invoices are payable within the stated payment period, all prices are exclusive of applicable taxes, and Customers are responsible for applicable taxes unless legally exempt.
Payments already made are non-refundable except where mandatory law requires otherwise.
23. Subscription Term
Subscriptions continue until cancelled by either party. Unless otherwise specified, cancellation becomes effective at the end of the current billing period. Cancellation does not affect payment obligations already incurred.
24. Non-Payment
If payment is overdue, greenclicks may suspend access to the affected Services, restrict certain functionality, or terminate the applicable subscription after reasonable notice.
Nothing in this section limits any other legal remedies available to greenclicks.
25. Customer Data
The Customer retains all ownership rights to Customer Data. Nothing in these Terms transfers ownership of Customer Data to greenclicks.
The Customer grants greenclicks a limited, non-exclusive right to access, process, store and use Customer Data solely for the purpose of providing the Services. This authorization continues only for as long as necessary to provide the Services, comply with legal obligations or establish, exercise or defend legal claims.
26. Data Processing
greenclicks processes Customer Data solely for the purposes of providing the requested Services. Where greenclicks acts as a data processor under applicable data protection laws, processing shall be carried out in accordance with the Customer's documented instructions, these Terms and any applicable Data Processing Agreement.
Customers remain responsible for ensuring they have a lawful basis for providing personal data to greenclicks through connected platforms. greenclicks provides a Data Processing Agreement (DPA) to business customers upon request where required by applicable law.
27. Aggregated and Anonymous Information
greenclicks may generate anonymous statistical information derived from Customer Data. Such information does not identify any individual, does not identify any Customer unless expressly authorized, may be used to improve Services, may be used for internal analysis and may be used to publish aggregated sustainability statistics.
Where Customers participate in sustainability reporting or public recognition initiatives, greenclicks will use company names, user names or other identifying information only in accordance with the Customer's selected reporting preferences.
28. User Responsibilities
Users agree to use the Services responsibly, lawfully and in accordance with these Terms. Users are responsible for maintaining accurate account information, ensuring that all connected systems are authorized, protecting access credentials, complying with applicable laws and regulations and ensuring they have the necessary rights to provide Customer Data to greenclicks.
Customers remain responsible for the accuracy of information stored in connected third-party systems. greenclicks does not verify the accuracy or completeness of Customer Data.
29. Acceptable Use
Users may not use the Services to violate any applicable law or regulation, infringe intellectual property rights, interfere with the operation of the Services, introduce malware or malicious software, attempt unauthorized access to any system or data, reverse engineer, decompile or disassemble any part of the Services except where expressly permitted by law, bypass technical restrictions or security measures, misuse APIs or integrations, perform automated activities that unreasonably affect the stability or performance of the Services, or use the Services for fraudulent or deceptive activities.
greenclicks may investigate suspected violations and take appropriate action, including suspension or termination of access.
30. Sustainability Services
Certain greenclicks products enable Customers to fund sustainability initiatives, including tree planting, carbon reduction and similar environmental projects. These initiatives are carried out through independent third-party organizations selected by greenclicks.
greenclicks carefully selects its sustainability partners and acts in good faith when arranging such services. Certificates or reports relating to sustainability initiatives are based on information provided by the relevant partner organizations. Sustainability certificates represent greenclicks' purchase of sustainability services from selected independent partners and are issued based on information provided by those partners.
While greenclicks makes reasonable efforts to work only with reputable partners, greenclicks cannot guarantee the performance of independent third parties, the timing of individual planting activities, specific environmental outcomes, future survival of planted trees or the ongoing operation of any sustainability partner.
Nothing in these Terms shall be interpreted as creating a direct contractual relationship between the Customer and any sustainability partner.
31. Service Availability
greenclicks continuously develops and improves its Services. Accordingly, features may change, functionality may be added or removed, interfaces may evolve, integrations may be updated and maintenance may temporarily interrupt availability.
greenclicks does not guarantee uninterrupted or error-free operation. The Services are provided on an as available basis. Scheduled or emergency maintenance may occur without prior notice where reasonably necessary to protect the security, stability or integrity of the Services.
32. Software Updates
greenclicks may release updates, improvements, security patches or new functionality at any time. Customers are not entitled to receive specific features, updates or future developments unless expressly agreed in writing.
greenclicks may discontinue legacy functionality where reasonably necessary to improve the Services or maintain security.
33. Intellectual Property
All intellectual property rights relating to the Services remain the exclusive property of Nokoala Solutions OÜ or its licensors. This includes, without limitation, software, source code, object code, databases, designs, documentation, interfaces, trademarks, logos, graphics, reports, website content and know-how.
Nothing in these Terms transfers ownership of any intellectual property to the Customer. Subject to these Terms, greenclicks grants Customers a limited, non-exclusive, non-transferable and revocable license to use the Services during the applicable subscription period solely for their internal business purposes.
34. Feedback
Customers may voluntarily provide suggestions, ideas, recommendations or feedback regarding the Services. Unless otherwise agreed in writing, greenclicks may freely use such feedback to improve its products and services without payment or attribution. This does not grant greenclicks ownership of the Customer's confidential information.
35. Confidentiality
Each party agrees to protect confidential information received from the other party. Confidential information includes all non-public business, commercial, technical and financial information that would reasonably be considered confidential. Confidential information does not include information that becomes publicly available without breach of these Terms, was already lawfully known, is independently developed, or must be disclosed by law or court order.
Both parties shall take reasonable measures to protect confidential information against unauthorized disclosure.
36. Third-Party Services
The Services may integrate with or depend upon third-party providers, including cloud infrastructure providers, CRM platforms, booking systems and sustainability partners.
greenclicks is not responsible for interruptions caused by third-party providers, changes to third-party APIs, discontinued integrations, pricing changes imposed by third parties or the availability of third-party services.
Use of third-party services remains subject to the applicable terms and privacy policies of those providers.
37. Suspension
greenclicks may immediately suspend or restrict access to all or part of the Services where reasonably necessary, including where payment obligations remain outstanding after notice, these Terms are violated, fraud is suspected, security is at risk, continued access could harm greenclicks, other customers or third parties, or access is required to comply with legal obligations.
Where reasonably possible, greenclicks will notify the Customer before or shortly after a suspension. Suspension does not relieve the Customer of outstanding payment obligations.
38. Disclaimer of Warranties
The Services are provided on an as is and as available basis. To the maximum extent permitted by applicable law, greenclicks disclaims all warranties, whether express, implied or statutory, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement.
greenclicks does not warrant that the Services will operate without interruption, the Services will always be available, the Services will be free from errors, every defect can or will be corrected, or the Services will meet every Customer's specific requirements.
Customers are responsible for determining whether the Services are suitable for their intended business purposes.
39. Limitation of Liability
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law. Subject to the foregoing, greenclicks shall not be liable for indirect, incidental, consequential, exemplary or special damages, loss of profits, loss of revenue, loss of business opportunities, loss of goodwill or loss of data, or interruptions caused by third-party providers, internet outages or events outside its reasonable control.
Except where prohibited by law, the total aggregate liability of greenclicks arising out of or relating to the Services shall not exceed the total fees paid by the Customer for the affected Service during the twelve 12 months immediately preceding the event giving rise to the claim. Where the affected Service has been used exclusively under a free plan or free trial, greenclicks' total liability shall be limited to the maximum extent permitted by applicable law.
40. Indemnification
The Customer agrees to indemnify and hold harmless Nokoala Solutions OÜ, its directors, employees, contractors and representatives from any claims, damages, liabilities, costs and expenses arising from misuse of the Services, violation of these Terms, violation of applicable laws, infringement of third-party rights, Customer Data provided through connected systems, or unauthorized use of Customer accounts.
This obligation does not apply where the claim results directly from greenclicks' own intentional misconduct or gross negligence.
41. Force Majeure
greenclicks shall not be liable for any delay or failure to perform its obligations where such delay or failure results from circumstances beyond its reasonable control. Such circumstances include, without limitation, natural disasters, war, terrorism, civil unrest, government action, internet outages, widespread cyber attacks, failures of third-party infrastructure providers, labour disputes, epidemics or pandemics.
Performance shall resume as soon as reasonably practicable.
42. Changes to the Services
greenclicks continuously develops its software products. Accordingly, greenclicks may introduce new features, discontinue features, modify user interfaces, replace integrations, improve performance or modify technical requirements.
Where reasonably possible, material changes affecting Customers will be communicated in advance.
43. Changes to these Terms
greenclicks may update these Legal Information and Terms from time to time. Material changes will be communicated by appropriate means, including email, notifications within the Services or publication on the greenclicks website.
Continued use of the Services after the effective date of updated Terms constitutes acceptance of the revised Terms. If a Customer does not agree to a material change, the Customer may discontinue use of the affected Service and cancel any applicable subscription in accordance with these Terms.
44. Termination
Customers may terminate a subscription at any time. Unless otherwise agreed, termination becomes effective at the end of the current billing period. Upon termination, access to the affected Services may be disabled, subscriptions will not renew, outstanding invoices remain payable and Customer Data may continue to be retained for a reasonable period in accordance with the Privacy Policy and applicable law.
Customers may request deletion of Customer Data by contacting greenclicks.
45. Severability
If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects its original intent.
46. No Waiver
Failure by greenclicks to enforce any provision of these Terms shall not constitute a waiver of that provision or of any other rights. Any waiver shall be effective only if made in writing.
47. Entire Agreement
These Legal Information, together with any applicable Order Form, consulting agreement, subscription agreement or Data Processing Agreement, constitute the entire agreement between the parties relating to the relevant Services. They supersede all prior discussions, understandings and agreements relating to the same subject matter.
48. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Estonia, excluding its conflict of laws rules. If the Customer is a business, the courts of Tallinn, Estonia shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Services, unless mandatory law provides otherwise.
Nothing in these Terms limits any mandatory rights that cannot legally be excluded.
49. Contact
For legal, privacy or data protection requests regarding these Terms, the Privacy Policy or the Services, please contact:
Nokoala Solutions OÜ
Ahtri 12
15551 Tallinn
Estonia
Contact us by email in English, Spanish or German.