Welcome to https://climaty.ai (including all subdomains, the “Site”), which is operated by Climaty.AI Technologies Private Limited (collectively, “Climaty” or “we” or “us” or “our”). These Terms of Use govern your access to and use of the Site. By accessing or using the Site, or by clicking a button or checking a box marked “I Agree” (or similar), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, and further acknowledge that you have read and understood our Privacy Policy. These Terms of Use apply to all visitors and users who access the Site (“Users”).
PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT:
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Site user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Site or changes made for legal reasons will be effective immediately. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the updated Terms of Use.
In addition, when using certain components of the Site, you will be subject to additional terms, policies, rules, or guidelines applicable to the Site or such components of the Site that may be posted on the Site from time to time, including, without limitation, the Privacy Policy, and any guidelines applicable to any components of the Site. All such terms are hereby incorporated by reference into these Terms of Use.
Access and Use of the Site
Your Registration Obligations:You may be required to register with Climaty in order to access and use certain features of the Site. If you choose to register, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Sites’ registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 (eighteen) years of age, you are not authorized to register to use the Site.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Climaty of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session when accessing the Site. Climaty will not be liable for any loss or damage arising from your failure to comply with this Section.
User Submission and Contact Information: Submitting your name, e-mail address, organization details, and any other information requested through the Site’s contact or demo request forms (collectively, “Personal Data”) may be required for Climaty to respond to your inquiry, provide you with information about our Services, or contact you regarding features you have expressed interest in.
By providing this Personal Data, you acknowledge and agree that Climaty, its affiliates, and service partners may process and use your Personal Data for communication, support, service updates, and for sharing information about related offerings that may be relevant to you. You may opt out of receiving marketing or promotional communications at any time by following the unsubscribe instructions provided in such communications or by contacting Climaty at the e-mail address specified in these Terms. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) provided by you to Climaty are non-confidential and Climaty will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, without acknowledgment or compensation to you.
Modifications to Sites: Climaty reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Climaty will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
General Practices Regarding Use and Storage: You acknowledge that Climaty may establish general practices and limits concerning use of the Site, including without limitation the maximum period of time that data or other content will be retained by the Site and the maximum storage space that will be allotted on Climaty’s servers on your behalf. You agree that Climaty has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Site. You acknowledge that Climaty reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Climaty reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
User Conduct: In addition to any applicable guidelines or policies that may govern specific components of the Site, you agree to comply with the following conditions in using the Site. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“content”) that you upload, post, publish, or display (hereinafter, “upload”) or email or otherwise transmit via the Site. Climaty reserves the right to investigate and take appropriate legal action against anyone who, in Climaty’s sole discretion, violates this provision, including, without limitation, removing the offending content from the Site, suspending, or terminating the account of such violators and reporting you to the law enforcement authorities. The following are examples of the kind of content and/or use that is illegal or prohibited by Climaty.
Fees, Payments, Trial, and Refund
The fees for accessing Climaty’s paid membership or subscription offerings (the “Membership Fees”) shall be as listed on Climaty’s pricing page, available at the Site or any successor page designated by Climaty. All Membership Fees are, unless expressly stated otherwise, exclusive of all taxes, including applicable GST, duties, or other governmental charges.
To subscribe to a membership plan, you must provide a valid credit card or another accepted payment method at the time of signing up. By providing payment information, you authorize Climaty and its third-party payment processors to charge all Membership Fees and applicable taxes to your selected payment method.
Climaty reserves the right, in its sole discretion, to revise or modify the Membership Fees from time to time, including to reflect increases in operational costs, material costs, hosting, security, labour, regulatory changes, or currency fluctuations. Any such modification will apply beginning with your next billing cycle, unless otherwise stated.
You agree that you will not withhold, deduct, or set off any amounts payable to Climaty in respect of the Membership Fees, including for any claims or disputes you may have regarding the Membership or Services.
Trial Period: Climaty may, at its sole discretion, offer a free trial for certain membership plans (“Trial Period”). Activation of the Trial Period may require you to provide a valid payment method. Unless you cancel your membership before the end of the Trial Period, your membership will automatically convert into a paid membership, and the applicable Membership Fees will be charged to your provided payment method immediately upon expiry of the Trial Period.
Refunds: Notwithstanding anything to the contrary, you may request a refund of the Membership Fees within Seven (7) days of your initial purchase or membership renewal, provided that you have not made material use of the paid Services during that period. After the expiry of the 7-day period, all Membership Fees shall be strictly non-refundable and non-reimbursable, regardless of usage.
Third-Party Charges: If the services enable you to run or manage ads or integrations through third-party platforms (such as Meta/Facebook or Instagram), you remain solely responsible for all fees, charges, and payments owed to such third-party platforms. Climaty is not responsible for billing, payment failures, or disputes related to third-party providers.
You agree to not use the Site to:
a) E-mail or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, politically motivated, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, racially, ethnically, or otherwise objectionable; or (vii) in the sole judgment of Climaty, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Climaty or its users to any harm or liability of any type;
b) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
c) Violate any applicable local, state, national, or international law, or any regulations having the force of law;
d) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) Solicit personal information from anyone under the age of 18 (eighteen);
f) Harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) Further or promote any criminal activity or enterprise, or provide instructional information about illegal activities; or
i) Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.
Commercial Use: Unless otherwise expressly authorized herein or in the Site, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
Intellectual Property Rights
Sites’ Content, Software and Trademarks: You acknowledge and agree that the Site may contain content or features (“Site Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Climaty, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Site or the Site Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site. In connection with your use of the Site you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Climaty from accessing the Site (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Site or the Site Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Climaty.
The Climaty (including the sub domains) name and logos are trademarks of Climaty (collectively the “Climaty Trademarks”). Other trademarks used and displayed via the Site may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to Climaty. Nothing in this Terms of Use or the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Climaty Trademarks displayed on the Site, without our prior written permission in each instance. All goodwill generated from the use of Climaty Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Climaty be liable in any way for any content or materials of any third parties (including founders, investors, or other users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Climaty does not pre-screen content, but that Climaty and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Site. Without limiting the foregoing, Climaty and its designees will have the right to remove any content that violates these Terms of Use or is deemed by Climaty, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Site: With respect to the content or other materials you upload through the Site or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant Climaty and its affiliated companies, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content for any Climaty related purpose in any form, medium, or technology now known or later developed.
Without limiting the foregoing, you acknowledge and agree that Climaty may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Climaty, its users, and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
Copyright Complaints: Climaty respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Climaty of your infringement claim in accordance with the procedure set forth below.
Climaty will process and investigate notices of alleged infringement and will take appropriate actions under other applicable intellectual property laws with respect to any alleged or actual infringement. A written notification of claimed copyright infringement should be faxed or mailed to:
Climaty AI LLC FZ
Address: Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E.
Email: ethan@climaty.ai
To be effective, the notification must be in writing and contain the following information:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
c) a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent: + your physical or electronic signature; + identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; + a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and + your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the courts of Mumbai, Maharashtra and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Repeat Infringer Policy: In accordance with the Copyright Act and other applicable law, Climaty has adopted a policy of terminating, in appropriate circumstances and at Climaty’s sole discretion, users who are deemed to be repeat infringers. Climaty may also, at its sole discretion limit access to the Site and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Sites may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third-party applications. Climaty has no control over such sites, resources, or applications, and Climaty is not responsible for and does not endorse such sites, resources, or applications. You further acknowledge and agree that Climaty will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources or applications. Any dealings you have with third parties found while using the Site are between you and the third party, and you agree that Climaty is not liable for any loss or claim that you may have against any such third party.Indemnity and Release
You agree to release, indemnify, and hold Climaty and its affiliates and their officers, employees, directors and agents, harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Site or any related information, any User Content, your violation of these Terms of Use, or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLIMATY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CLIMATY MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLIMATY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CLIMATY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE OR ANY RELATED INFORMATION; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY (INCLUDING USERS) ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT WILL CLIMATY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEEDS INR 5,000 (INDIAN RUPEES FIVE THOUSAND).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
You acknowledge that certain outputs, insights, analytics, predictions, or recommendations generated by the Site or Services may be powered by artificial intelligence or machine learning models. Such outputs are provided for informational purposes only and may not be accurate or error-free. Climaty does not guarantee the accuracy, completeness, or suitability of any AI-generated output and is not liable for any decisions, actions, losses, or damages resulting from reliance on such output.
The information, insights, or analytics provided by Climaty do not constitute professional, financial, investment, legal, environmental, or compliance advice. You are solely responsible for evaluating and independently verifying any outputs before relying on them.Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Climaty, whether arising out of or relating to this Terms of Use (including any alleged breach thereof), the Site, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of any court of law, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Use, you and Climaty are each waiving the right to participate in a claim in any court of law. Your rights will be determined by a neutral arbitrator, not a judge. The Arbitration and Conciliation Act,1996, governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Direct and Representative Claims in any Court of Law and Non-Individualized Relief
YOU AND CLIMATY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY DIRECT OR REPRESENTATIVE CLAIM OR PROCEEDING. UNLESS BOTH YOU AND CLIMATY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLAIM. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). SUCH RELIEF SHALL BE BINDING ON ALL ACCOUNTS.
Pre-Arbitration Dispute Resolution
Climaty is always interested in resolving disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing us at ethan@climaty.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Climaty should be sent to 1st Floor, Office No 103, Commercial Building Atrium -2, Andheri Kurla Road, Andheri East, Mumbai, Maharashtra, 400069 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Climaty and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Climaty may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Climaty or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Climaty is entitled.
Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the Arbitration and Conciliation Act 1996 and any rules and procedures thereof (collectively, the “Arbitration Act”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the Arbitration Act or Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will preside, provided that the application of this Arbitration Agreement does not expressly contradict the Arbitration Act. The arbitrator must also follow the provisions of these Terms of Use as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Use and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Climaty and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by an arbitrator. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the Arbitration Act and applicable rules thereof, unless otherwise provided in this Arbitration Agreement.
Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Direct and Representative Claims in any Court of Law and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that subsection (b) above titled “Prohibition of Direct and Representative Claims in any Court of Law and Non-Individualized Relief” is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Use will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Use to the contrary, Climaty agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Site, you may reject any such change by sending Climaty written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
Termination
You agree that Climaty, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and remove and discard any content within the Site, for any reason, including, without limitation, for lack of use or if Climaty believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site, may be referred to appropriate law enforcement authorities. Climaty may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Climaty may (but has no obligation to) immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Termination of your account or access to any component of the Site will not terminate Climaty’s rights to your User Content. Further, you agree that Climaty will not be liable to you or any third party for any termination of your access to the Site.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Site and Climaty will have no liability or responsibility with respect thereto. Climaty reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Site.
General
These Terms of Use constitute the entire agreement between you and Climaty and govern your use of the Site, superseding any prior agreements between you and Climaty with respect to the Site. These Terms of Use will be governed by the laws of India without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Climaty agree to submit to the personal and exclusive jurisdiction of the courts located within Mumbai, Maharashtra. The failure of Climaty to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within 1 (one) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Use without the prior written consent of Climaty, but Climaty may assign or transfer this Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Site may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Site.
Your Privacy
At Climaty, we respect the privacy of our users. For details, please see our Privacy Policy. By using the Site, you consent to our collection and use of personal data as outlined therein.
Contact Us
Please contact us at ethan@climaty.ai to report any violations of these Terms of Use or to pose any questions regarding these Terms of Use or the Site.
