Terms of Service
Act4.io is a commercial brand exclusively owned and used by Nordic Waves Group ApS (reg. no.: 40363866), a company incorporated and operating under the laws of Denmark and located at Møntmestervej 12g, 1th. 2400, Copenhagen, Denmark (Nordic Waves Group ApS providing services on Act4.io hereinafter referred to as: “Act4”). Act4 provides the Services via its Website. Present Terms of Service are applicable for the use of the Website and the Services and are effective as of 15 March 2022 and remain effective until revoked. Act4 hereby informs the Customer that certain Services or functions of the Website mentioned in these Terms are not entirely functioning yet; the rules concerning the non-functioning services shall only enter into force once the function in question is all set up and Act4 starts the provision of the Service. The Customer will be notified in email about these changes. As of today, no Registration or Account is needed for using the Services, and Subscription Services are not launched yet. Until the Account and Registration process is launched, the Customer shall provide their data before each Purchase, and logging in is not required.
By using Act4’s Website and Services, Customer agrees to these Terms. By accepting these Terms and using Act4’s Services, Customer agrees and warrants that Customer will use our Services in a lawful manner and in good faith. Customer agrees to comply with the requirements of applicable laws, regulations and every guideline of Act4.
For the purposes of these Terms:
Account: An account created by the Customer during the signup process, which contains information about said Customer and their Transaction data, and to which Customer may login to in order to initiate Transactions.
Certificate: A digital certificate issued by Nordic Waves Group, about the retirement of VCCs. The certificates are verifiable emission reductions from verified climate protection projects within the scope of voluntary emissions trading. Nordic Waves Group is approved by Verra, to trade, store, and retire VCC’s in the Verra Registry.
Cookies: Small text files that are placed on the Customer’s computer by websites that the customer is visiting. Cookies are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the website. Cookies are typically stored on the Customer’s computer’s hard drive.
Customer: All persons using Act4’s Website and Services, whether they are legal persons or natural persons.
Project: a project, program or activity which result in greenhouse gas (GHG) emission reductions and removals and are independently verified and audited against leading third-party certification standards such as the Verified Carbon Standard (VCS) or the Gold Standard (GS).
Project Category: Projects are categorized by Act4 in a way that Customers may choose which type of Project to support by purchasing VCCs related to the chosen category.
Project Owner: Operator of the relevant climate protection Project.
Purchase: Customer pays the price of the chosen VCCs owned by Act4, in exchange to which Act4 requires the retirement of the purchased VCCs at Verra Registry. No transfer of VCCs may be required.
Service: VCC offsetting services offered by Act4 through the Website, specified in s. 3. of these Terms.
Subscription: A Transaction to Purchase VCCs on a monthly basis, for a fixed monthly amount.
Subscription Plan: An offer on the Website to Purchase VCCs as a Subscription, containing a fixed amount or number of VCCs, related to a Project Plan.
Transaction: An agreement between Customer and Act4, initiated by the Customer for offsetting VCCs, using the Services of Act4.
VCC: Voluntary carbon credit. Each VCC represents a reduction or removal of one ton of carbon dioxide equivalent (CO2e) achieved by a project. Supplier offers for sale VCCs on its webpage and introduce the projects that are connected to the VCCs, and which are independently verified and audited against leading third-party certification standards such as the Verified Carbon Standard (VCS) or the Gold Standard (GS).
2. General Terms and Provisions
2.1. These Terms of Service (hereinafter “Terms”) apply to all Customers using the Services of Act4 offered through the Website. These Terms govern your access and use of the Website and apply to all transactions and business relationships between Customer and Act4.
2.3. Unless explicitly agreed in writing, Act4 does not accept any terms or conditions other than those present in these Terms regarding any Customer.
2.4. By accepting these Terms, Customer also consents to receive electronic communication from Act4, which may include information about the account, transactional information, notices, changes to these Terms or other relevant information; however, communication according to this section will not include any communication for marketing purposes, which is subject to separate consent and acceptance.
3.1. Act4 is committed to protect the planet and encourage mitigation of carbon emissions and greenhouse gases. Act4 supports the transition to more sustainable economies, mitigating the loss of biodiversity, and accelerating “green” and nature-based solutions. Nordic Waves Group owns a registered account at Verra Registry, nr. 4571. Customer can reach the Services directly from the Act4 website.
3.2. On the Website, Act4 offers the offsetting of VCCs related to Projects, which are categorized into different Project Categories. You can find detailed descriptions of the Project Categories on the Website. Act4 chooses the selected list of Projects very carefully, based on various criteria, and may decide to add new Projects or Project Categories to the list or even stop offering any from the above options, without the amendment of the present Terms or the obligation to notify the Customer thereof.
3.3. Customer may choose a Project Category and can Purchase VCCs that are related to that Project Category, in order to retire them as a means of offsetting their emissions. If the Transaction is completed and full payment has been made, the retirement will be requested at Verra Registry by Act4, and a Certificate will be issued to the Customer about the retirement, which formally verifies the greenhouse gas reduction and effect of the offset. If the VCC is retired, no further transfers of the VCC or the Certificate concerned are possible.
3.4. Customer acknowledges that Nordic Waves Group, and thereby Act4, retires VCCs at direct and periodic intervals. The quantity sold from the respective Project is retired on either a single or a collective basis on the respective cut-off date, but not later than within 6 months from the Purchase. The Customer has no claim to the personal receipt of Verra Registry’s certificates of retirement. Under these Terms, the Customer only receives the Certificate issued by Act4, which is a confirmation of retirement as an offset for the contractually agreed amount of CO2.
3.5. Act4 will ensure that a sufficient amount of VCCs is available for contractually agreed CO2 offset. However, Act4 does not guarantee that VCCs related to certain Project Categories will be permanently available from a specific climate protection Project, unless a fixed number of emission certificates to be retired for a specific Project has been contractually agreed and the Customer has expressly declared that it will only perform an offset based on the selected climate protection Project.
3.6. In all cases in which the selected VCC cannot be retired, Act4 reserves the right to carry out the offsetting service by retiring comparable, equivalent or higher-value CO2 certificates.
3.7. Act4 does not provide services related to the transfer of VCCs, derivatives on VCCs, services related to compliance carbon credit markets or peer-to-peer trading.
3.8. Act4 does not provide investment or advisory advice and will have no liability for the use or interpretation of information as stated on the Services.
4.1. In order to be able to use the Services, Customer must sign up, create an Account with Act4. Only then, Customer may carry out a Transaction.
4.2. By signing up and using the Services, you represent and warrant that you:
i. are at least 18 years old,
ii. are an individual, legal person or other organization with full legal capacity and authority to enter into these Terms,
iii. you have the necessary rights and authorization to establish a legal relationship or Transaction in the name of the legal entity you are representing.
4.4. For safety, security purposes, you must identify yourself by logging in to the Account before each Transaction. You agree to consider your access credentials (i.e. login name, password) as confidential information and to not disclose such information to any third party. You also agree that you alone are responsible for taking necessary safety precautions to protect your own Account and personal information.
4.5. You are solely and fully responsible for the consequences of your use of our Service and any loss or expenses incurred during the use of our Service, especially but not limited to the case when you cannot be reached through the contact information provided.
4.6. Act4 may, based on our internal policies, refuse to open an Account for the Customer, or refuse to enter into a business relationship with the Customer.
4.7. Accounts can only be used by the person whose name they are registered under.
4.8. You are responsible for all activities under your Account and Act4 will not be responsible for any loss or consequences of authorized or unauthorized use of your Account.
5. Use of the Services
5.1. You may calculate your carbon footprint through the Website. In order to offset your carbon footprint, or to support CO2 emission reduction projects, and sustainability goals, you can Purchase VCCs related to our Project Categories.
5.2. Spot sales and subscription
5.2.1. To Purchase VCCs, you shall set up an Account (see Registration in s. 4), calculate your carbon footprint, choose a Project Category and indicate the number of VCCs, in exchange of which you wish to Purchase. By clicking on “Place Order”, Customer may immediately pay the amount via Stripe. The Transaction shall be deemed final when the payment of the due amount is made.
5.2.2. If you wish to continuously offset emissions or support the projects, you may also choose a Subscription Plan, according to which you Purchase a number of VCCs each month and you pay the Price of the VCCs on a monthly basis via Stripe. Each Transaction shall be deemed final when the monthly payment of the amount is made. Subscription may be cancelled by Customer via notification to email@example.com. The notice period is 15 days, and the cancellation will be effective as of the first day of the month following the last day of the notice period.
5.3. Price: the price of the Service related to different types of VCCs, Project Categories and the Subscription Plan are indicated on the Website. Services are subject to VAT.
5.4.1. You can pay for your Purchase of VCCs via Stripe payment service provider.
5.4.2. In case of Subscription, the monthly price of the Subscription Plan will be withdrawn from your bank account monthly, until the 8th day of each month. If there is not enough funds in your bank account to withdraw the amount, we will notify you in email of the lack of funds. In that case, you shall pay the monthly amount manually within 3 days from our email. If the payment is not transferred within the deadline, Act4 is entitled to terminate the Subscription by a written (email) notice with immediate effect.
5.5. Refunds: The price of the Service can only be refunded if the Purchase has not been processed, i.e. you have not received the Certificate within the deadline. No refunds shall be made in any other cases, especially if the goals of the Project have not been achieved.
5.6. Certificate: Following your Purchase, you should receive a Certificate within 48 hours from your payment via email.
6. Term and Termination
6.1. This agreement between the Customer and Act4 shall remain in effect until terminated. Customer may terminate the relationship with immediate effect by written termination to firstname.lastname@example.org.
6.2. Customer agrees to pay all fees for Services performed prior to the termination of these Terms.
6.3. Customer understands that the Account will be cancelled upon effective termination of these Terms, and Customer will not be able to access it further on.
6.5. Act4 may choose to terminate our legal relationship with you immediately if you violate these Terms, our policy framework or any additional agreement that may have been concluded between you and Act4. In such cases, we reserve the right to cancel your Account and terminate your access or use of the Services without notice and at our discretion.
7. Intellectual Property Rights
7.1. Act4, in all circumstances, retains immaterial property rights (including but not limited to copyright, trademarks, trade names, etc.) of the Website and of all content on it. Publication, reproduction, transfer or storage of the contents of the Website as such or part of it is prohibited, unless Act4 has given prior written permission for such action.
7.2. The website and the published contents shall only be used for the purpose of using the Services and only for your own use. For this purpose, Act4 provides for the customer a revocable, limited, royalty-free, non-exclusive, non-transferable and non-sublicensable license to access and use the Website and the contents on it.
7.3. The trademarks or logos included on the site shall not be reproduced, published or distributed or used in any manner without the previous written consent of Act4. Rights of third parties related to their publications, trademarks and other intellectual properties shall also be handled as Act4’s unless otherwise permitted in writing by their respective owners.
8. Disclaimer of Warranty
8.1. Act4’s Services and the Website are provided "as is" and your use of the Services and the Website is solely your responsibility. We aim to provide the best available means of protection of our Services and to secure all data and funds belonging to you, as our Customer. However, we provide no warranty as to the availability or accuracy of the Website or its content.
8.2. In particular, Act4 makes no warranty that:
i. the Service will meet your requirements;
ii. your use of Service or any functions of the Website will be timely, uninterrupted, secure, or free from errors, loss, viruses or hacking;
iii. any information obtained by you as a result of the Services will be accurate or reliable;
iv. any defects or errors on the Website will be corrected.
Customer acknowledges and agrees that Act4 from time to time may remove the Service for an indefinite period of time, or cancel the Service. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own risk, and you will be solely responsible for any damage that results from any such material.
8.3. The CO2 savings realized via the Projects comprise a third-party service provided by the Project Owners, who are independent from Act4, and we have no direct influence on their fulfilment, therefore Act4 assumes no liability of its own regarding the compliance and fulfilment of the Projects. With regard to such third-party services, Act4’s liability is limited to the prudent selection of third-party services and the performance of contracts with third-party providers. For this purpose, Act4 will conclude appropriate contracts with the suppliers and/or Project Owners. Although Act4 only selects projects whose operators are considered trustworthy and who are contractually obliged to comply with fixed standards (Verified Carbon Standard or Gold Standard), a specific result in the reduction of CO2 emissions, or a specifically verifiable amount of greenhouse gas (GHG) emissions saved, cannot be guaranteed by Act4. Should it become apparent that a Project is not able to reduce CO2 emissions as agreed, Act4 will discontinue the use of this project for CO2 offsets, but rather will use certificates from another suitable climate protection project. Act4 carefully examines the projects used for CO2 Offset on the basis of information and documents provided by the Project Owners and certification organisations or verification bodies. Act4 is not liable for the accuracy of such information made available to it by the certification organisation or the Project Owners. Furthermore, Act4 is not liable for the accuracy and completeness of the review of Projects by independent verification bodies.
8.4. We keep improving and upgrading our website and our Services, which may result in occasional server outages. We may perform maintenance or changes to the Service at any time we see fit, however, we aim to schedule maintenance when our servers are less busy. This still could result in periods during which the Service is temporarily unavailable. We will, to the extent that it is possible, announce such interruptions in advance. However, we are not required to do so, and we are not responsible for any damages or losses resulting from server outages.
9. Limitation of responsibility and liability
9.1. Act4 does not have any responsibility for content that is presented on the Website which directly or indirectly damages or creates a loss for our Customer or any other person who is affected. Act4 specifically claims no responsibility for direct or indirect damages, loss of profit or income, or any other damage towards the Customer or a third party that might occur due to inconsistent, false or non-existent information presented on the Website.
9.2. Act4 claims no responsibility for any information given to Act4 by a third-party supplier or the Project Owner on the Projects presented at the Website. You are solely and fully responsible for the consequences of your access and use of our Service.
9.3. To the extent permitted under law, we are not liable to any Customer or any third party for any direct damages, indirect damages or any other damages of any kind including but not limited to loss of profit, loss of income, loss of revenue, business interruption or goodwill losses arising out of or in connection with these Terms or the use or inability to use or access the Services. We are not liable to you for any claims made by third parties towards you.
10.1. You agree to protect, defend, indemnify and hold harmless Act4, our officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Act4 directly or indirectly arising from:
i. your use of and access to the Website or our Services;
ii. your violation of any provision of these Terms or other relevant policies;
iii. your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
Amendment of the Terms: Act4 reserves the right to revise, modify, update, supplement its Terms, policies, content, information, promotions, disclosures, disclaimers and features at any time and without prior notice at the sole and absolute discretion of Act4. Customers shall be notified if changes are made to these Terms. For further use of the Service after any modification, Customer shall accept the new Terms of Service, otherwise the Service will not be available.
No Financial Advice: Act4 is not your broker, intermediary, agent, or advisor and we have no fiduciary relationship or obligation to you in connection with any Transactions or other decisions or activities that you carry out using our Services. We do not offer advice but are more than happy to share information. No communication or information provided to you by Act4 should be understood as financial or any other sort of advice. Act4 will not be responsible for the decisions Customers make in the Purchase of VCCs, based on the information provided by Act4. Before you make the decision of Purchase VCCs, please consult your own legal or tax professional regarding your specific situation.
Third party links: Where Act4 provides text links to third party websites, such links are not an endorsement by Act4 of any products or services provided on or via such websites. The use of such links is entirely at the Customer’s own risk and Act4 accepts no responsibility or liability for the content, use or availability of such websites.
Governing Law and Dispute Resolution: The Danish law is applicable to these Terms and Act4’s website and services. You accept that all disputes shall be settled primarily in a peaceful way. Customers shall contact Act4 at email@example.com. before initiating legal proceedings. For any disputes, claims or controversies arising out of any Transactions, the courts of Denmark shall have exclusive competence, unless expressly stated otherwise by applicable laws or regulations of binding nature. If you are a private person Customer, using our Services in your capacity as a consumer, you may contact the Danish Competition and Consumer Authority of Denmark (Konkurrence og Forbrugerstyrelsen) for guidance, or read more about Danish consumer protection at https://www.forbrug.dk/english.
Severability. If a competent court deems any term or provision of these Terms null and void, other provisions of these Terms will not be affected by it and the validity and enforceability of any remaining part, term or provision stays effective.
Entire Agreement. These Terms constitute the entire agreement between the Customer and Act4. Other regular practice or methods of dealing between the parties will not be used to modify, interpret, supplement, or alter these Terms.
Waiver. Act4’s failure or delay in exercising any right, power or privilege under these Terms shall not be interpreted as a waiver thereof.
Language. These Terms as well as information about the Services are provided in English. Any other communication between Act4 and the Customers shall be in English or in Danish.
Force Majeure. Act4 is not accountable for any kind of damage you may experience from events beyond Act4’s control. These events include but are not limited to explosion, fire, war, flooding or other accidents, epidemic, pandemic, sabotage, event of warfare, strike or other work-related conflict, changes of laws or regulations, or other decisions made by regulatory bodies.
Assignment. Agreements between Act4 and the Customer is solely for the benefit of the parties and may not be transferred to another party, except for any assignment within the Nordic Waves Group. Customers cannot assign or transfer any rights or obligations under these Terms.
Contact Information. For further questions Customers may contact Act4’s Customer Support team at firstname.lastname@example.org.