Terms of Use

These Terms establish a binding agreement between you and CarbonBright, Inc. ("CarbonBright," "we," "us," or "our") governing your access to and use of https://carbonbright.co (the "Website") and associated services. A separate Master Services Agreement controls use of the CarbonBright software platform for customers who have signed one.

1. Eligibility

You must be at least 18 years old and confirm that you possess the legal authority to accept these Terms. You warrant that you are not located in an embargoed nation and are not on any restricted party list.

2. Changes to the Terms

CarbonBright reserves the right to modify these Terms at any time, with the updated effective date posted on this page. Continued use of the Website after changes become effective indicates your acceptance of the revised Terms.

3. Privacy

Our Privacy Policy is incorporated into these Terms by reference and explains how we collect, use, and safeguard your information.

4. User Conduct and Prohibited Uses

Prohibited activities include, without limitation:

• Unlawful use of the Website
• Harassment of other users or CarbonBright staff
• Distribution of malware
• Unauthorized access to any system or network connected to the Website
• Use of scraping tools, bots, or other automated means to access the Website
• Transmission of spam or unsolicited communications
• Misrepresentation of your identity

We may monitor activity on the Website and restrict access for any violation of these Terms.

5. User Content

You retain ownership of any content you submit through the Website, while granting CarbonBright a worldwide, royalty-free, non-exclusive license to use, reproduce, and display that content for operational purposes.

6. Intellectual Property

CarbonBright owns all content on the Website, excluding content you submit. You may not copy, modify, distribute, or reproduce any part of the Website without our express permission, except as expressly allowed for personal, non-commercial use.

7. Access and Account Security

You are responsible for keeping your credentials confidential and for all activity under your account, and must notify us immediately of any breach. CarbonBright disclaims liability for any compromise of your credentials.

8. Suspension and Termination

CarbonBright may suspend or terminate your access, with or without notice, for violation of these Terms. Access to your content is lost upon termination.

9. Third-Party Links

CarbonBright does not control or endorse external links referenced on the Website and bears no responsibility for the availability or content of third-party sites.

10. Payments and Taxes

Any service fees and renewal terms are disclosed at checkout. All payments are final unless stated otherwise, and you are responsible for any applicable taxes.

11. Disclaimer of Warranties

The Website is provided on an "as is" and "as available" basis. CarbonBright disclaims all warranties regarding merchantability, fitness for a particular purpose, non-infringement, and error-free operation.

12. Limitation of Liability

CarbonBright shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability is capped at the amounts you paid us in the 12 months preceding the claim.

13. Indemnification

You agree to defend CarbonBright, its affiliates, officers, and employees against claims arising from your use of the Website, violation of these Terms, or infringement of a third party's rights.

14. Copyright Policy

CarbonBright complies with the DMCA. Copyright infringement claims should be submitted to legal@carbonbright.co with the information required under the DMCA.

15. Communications and Notices

By using the Website, you consent to receiving communications from us electronically, via email or by posting notices on the Website.

16. Governing Law and Jurisdiction

These Terms are governed by Delaware law, without regard to conflict-of-law principles. Disputes will proceed in Delaware courts unless otherwise required by applicable law.

17. Miscellaneous

If any provision of these Terms is found invalid, it will be limited or eliminated to the minimum extent necessary, and the remaining provisions will stay in effect. These Terms represent the complete agreement between you and CarbonBright. You may not assign your rights under these Terms without our prior written consent; CarbonBright may assign its rights without restriction.

Questions about these Terms can be directed to legal@carbonbright.co.