WHAT WE OFFER

These Terms govern

• the use of Website, and,
• any other related Agreement or legal relationship with Company

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

Faradai Sustain is provided by:

Faradai Limited, registered in the United Kingdom under company number 13840885 and have a registered office at 18 Alphabeta Building, Finsbury Square, London, United Kingdom, EC2A 1AH

"Faradai Sustain" refers to

• this website, including its subdomains and any other website through which Company makes its Service available;
• the Service;
• the Software;
• any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation;

The following terms and conditions, together with any documents they expressly incorporate by reference, govern Users access to and use of Faradai Sustain, including any content, functionality, and Services offered on or through sustain.faradai.ai, whether as a guest or a registered user.

The following documents are incorporated by reference into these Terms:

What the User should know at a glance

• Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using The Software.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using The Software, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;

Account registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by The Software.

Users agree to ensure that Users exit from User account at the end of each session. Users should use particular caution when accessing User account from a public or shared computer so that others are not able to view or record User password or other personal information.

Users agree that all information Users provide to register with The Software or otherwise, including, but not limited to, through the use of any interactive features on The Software, is governed by our Privacy Policy and Users consent to all actions Company take with respect to Users' information consistent with our Privacy Policy.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform Company via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed, or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

• By directly contacting Company at the contact details provided in this document.

Account suspension and deletion

Company reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on The Software

Unless where otherwise specified or clearly recognizable, all content available on The Software is owned or provided by Company or its licensors.

Company undertakes its utmost effort to ensure that the content provided on The Software infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints addressing the request to: [email protected].

If You wish to make any use of material on the Website other than that set out in this section, please address Your 

Rights regarding content on The Software - All rights reserved

Company holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on The Software, nor allow any third party to do so through the User or their device, even without the User's knowledge. Users must not use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. Users must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from The Software. Users must not access or use for any commercial purposes any part of The Software or any Service or materials available through the Website.

Where explicitly stated on The Software, the User may download, copy and/or share some content available through The Software for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Company are correctly implemented. Users may store files that are automatically cached by Users' Web browsers for display enhancement purposes. If Company provides desktop, mobile, or other applications for download, Users may download a single copy to Users' computers or mobile devices solely for Users' own personal, non-commercial use, provided Users agree to be bound by Company's end user license agreement for such applications.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to external resources

Through The Software Users may have access to external resources provided by third parties. Users acknowledge and accept that Company has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

The Software and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of The Software and/or the Service violates no applicable law, regulations, or third-party rights.

Therefore, Company reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to The Software or the Service, terminating contracts, reporting any misconduct performed through The Software or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are suspected to engage in any of the following activities:

• violate laws, regulations, and/or these Terms;
• infringe any third-party rights;
• considerably impair the Company's legitimate interests;
• offend Company or any third party.

Software license

Any intellectual or industrial property rights and any other exclusive rights on software or technical applications embedded in or related to The Software are held by Company and/or its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, Company merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of The Software and the Service offered.

This license does not grant Users any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related is the Company's or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

Trademarks

Company's name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

Users may use The Software only for lawful purposes and in accordance with these Terms. You agree not to use The Software:

• In any way that violates any applicable law or regulation.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards set out in these Terms.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of The Software, or which, as determined by Company, may harm Company or users of The Software, or expose them to liability.

Additionally, Users agree not to:

• Use The Software in any manner that could disable, overburden, damage, or impair The Software or interfere with any other party’s use of The Software, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access The Software for any purpose, including monitoring or copying any of the material on The Software.
• Use any manual process to monitor or copy any of the material on The Software, or for any other purpose not expressly authorized in these Terms, without Company's prior written consent.
• Use any device, software, or routine that interferes with the proper working of The Software.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of The Software, the server on which the Website is stored, or any server, computer, or database connected to The Software.
• Attack The Software via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of The Software.

User Contributions

The Software may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow Users to post, submit, publish, display, or transmit to other Users or other persons content (hereinafter, “post“) or materials (collectively, “Contributions“) on or through The Software.

All User Contributions must comply with the Content Standards set out in these Terms.

Any Contribution Users post to The Software will be considered non-confidential and non-proprietary. By providing any User Contribution on The Software, Users grant Company and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

Users represent and warrant that:

• Users own or control all rights in and to the Contributions and have the right to grant the license granted above to Company and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of Users' Contributions do and will comply with these Terms.
• Users understand and acknowledge that Users are responsible for any Contributions Users submit or contribute, and Users, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
• Company is not responsible or liable to any third party for the content or accuracy of any  Contributions posted by Users or any other user of The Software.

Monitoring and Enforcement; Termination

Company has the right to:

• Remove or refuse to post any Contributions for any or no reason in our sole discretion.
• Take any action with respect to any Contribution that Company deem necessary or appropriate in our sole discretion, including if Company believe that such Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Company.
• Disclose Users identity or other information about Users to any third party who claims that material posted by Users violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of The Software.
• Terminate or suspend Users access to all or part of The Software for any or no reason, including without limitation, any violation of these Terms.
• Without limiting the foregoing, Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through The Software. USERS WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Company cannot review all material before it is posted on The Software and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all Contributions and use of Interactive Services. Contributions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent Users identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by Company or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through The Software is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance Users place on such information is strictly at Users' own risk. Company disclaim all liability and responsibility arising from any reliance placed on such materials by Users or any other visitor to The Software, or by anyone who may be informed of any of its contents.

The Software may include content provided by third parties, including materials provided by other Users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. Company is not responsible, or liable to Users or any third party, for the content or accuracy of any materials provided by any third parties.

Liability and indemnification

EU Users

Indemnification

The User agrees to indemnify and hold Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer's fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against Company (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health, or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as The Software has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health, or physical integrity, Company shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Common provisions

No Waiver

Company's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Company reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, Company may also decide to suspend or terminate the Service altogether. If the Service is terminated, Company will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside Company's reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of The Software and of its Service without the Company's express prior written permission, granted either directly or through a legitimate reselling programme.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the Privacy Policy.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to The Software are the exclusive property of Company or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with The Software are, and remain, the exclusive property of Company or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

Company reserves the right to amend or otherwise modify these Terms at any time. In such cases, Company will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from Company.

If required by applicable law, Company will specify the date by which the modified Terms will enter into force.

Assignment of contract

Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of Company.

Contacts

All communications relating to the use of The Software must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and Company with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where Company is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where Company is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

UK Consumers

Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.

Linking to the Software and Social Media Features

Users may link to our homepage, provided Users do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but Users must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Company's part without our express written consent.

This Software may provide certain social media features that enable Users to:

• Link from Users' own or certain third-party websites to certain content on this Software.
• Send emails or other communications with certain content, or links to certain content, on this Software.
• Cause limited portions of content on this Software to be displayed or appear to be displayed on Software's own or certain third-party websites.
• Users may use these features solely as they are provided by Company, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, Users must not:
• Establish a link from any website that is not owned by Users.
• Cause the Software or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
• Link to any part of the Software other than the homepage.
• Otherwise take any action with respect to the materials on this Software that is inconsistent with any other provision of these Terms.

The Software from which Users are linking, or on which Users make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

Users agree to cooperate with Company in causing any unauthorized framing or linking immediately to stop. Company reserve the right to withdraw linking permission without notice.

Company may disable all or any social media features and any links at any time without notice in discretion.

Links from the Software

If the Software contains links to other sites and resources provided by third parties, these links are provided for User convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Users use of them. If Users decide to access any of the third-party websites linked to this Software, Users do so entirely at Users' own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

Users understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or The Software will be free of viruses or other destructive code. Users are responsible for implementing sufficient procedures and checkpoints to satisfy Users' particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to The Software for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT USERS' COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO USERS' USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE OR TO USERS' DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

USERS' USE OF THE SOFTWARE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE IS AT USERS' OWN RISK. THE SOFTWARE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SOFTWARE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SOFTWARE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SOFTWARE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SOFTWARE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Definitions and legal references

Faradai Sustain (or the Software)

The property that enables the provision of the Service.

Agreement

Any legally binding or contractual relationship between Company and the User, governed by these Terms.

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Company (or We)

Indicates the natural person(s) or legal entity that provides the Software and/or the Service to Users.

Service

The service provided by Faradai Sustain as described in these Terms and on the Software.

Terms

All provisions applicable to the use of the Software and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using the Software.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

Faradai Privacy Policy

FARADAI LIMITED (“Faradai” or “We/us”), are  registered in United Kingdom under company number 13840885 and have our registered office at 18 Alphabeta Building, Finsbury Square, London, United Kingdom, EC2A 1AH and operator of www.faradai.ai (“Website”), Faradai Sustain (sustain.faradai.ai as “Software”) and Faradai Energy Mobile App (“App”) are responsible for processing of personal data collected from users on these web sites and applications. This privacy policy will explain how our organization uses the personal data we collect from you when you use our website and products.This policy applies to all products and services built and maintained by our company. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personal Data in accordance with our website, software and applications.

What data we collect and why

When ordering or registering on our website, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.

Faradai products (Softwares and Apps) allows you to input, upload and store in the Faradai Platform ("Faradai") any business data that you choose – for example, kWh of energy consumed, purchased, amount of waste generated, kilometers travelled as well as custom emission factors or information about your company's carbon offset project preferences. Data can be in any text, document or image format. We refer to this data as "Content".

We also receive the following types of information below and we collect only what we need. Here’s what that means in practice:

Identifying information & access

When registering for our services, we ask for identifying information such as your name, position, department, email address, phone number if you want to get SMS notifications and your company name so you can set up your new account and we can send you invoices, updates or other essential information. We’ll never sell your info to third parties, and we won’t use your name or company in marketing statements without your permission.

Web analytics data

When you browse our marketing pages, softwares or applications, your browser automatically shares certain information, such as which operating system and browser version you are using. We track that information, along with the pages you are visiting, the time the page takes to load, and which website referred you for statistical purposes such as conversion rates and to test new designs. We sometimes track specific link clicks to help inform design decisions. This web analytics data is tied to your IP address and user account if applicable and if you are signed into our Services. We use third-party web analytics softwares such as Google Analytics and Matomo.

Cookies

Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. We use cookies to understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser's Help Menu to learn the correct way to modify your cookies. If you turn cookies off, some of the features that make your site experience more efficient may not function properly. It won't affect the user's experience that make your site experience more efficient and may not function properly. To learn more about cookies, including how to see which cookies have been set and how to manage and delete them, please visit: www.allaboutcookies.org.

Voluntary participation in surveys & conversations

When you write to Faradai with a question or to ask for help, we keep that correspondence, including the email address, so that we have a history of past correspondences to refer to if you reach out in the future. We also store any information you volunteer, such as surveys. Sometimes when we carry out customer interviews, we may ask for your permission to record the conversation for future reference or use. We only do so if you give your express consent.

Information we do not collect

We do not collect any data that contains sensitive personal data that is relative to identifiable persons such as: age, race, gender, religion, ideology, sexual orientation, gender identity, gender expression, or physical and mental abilities or disabilities, the commission of criminal offences or proceedings and associated penalties or fines. You are given the option to add a picture to your user profile. This could be a picture of you or something else that you choose to represent you. We do not extract any information from profile pictures; they are solely for your own use.

When we access and process your information

By default, we do not access your information. The only times we will ever access or process your information are:

To fulfill your products or services requests. We access your information so that we can email you with special offers on other products and services we think you might like. We access your information to fulfill your sales and support requests and to communicate with you as described in the voluntary correspondence section above. 

To help you with a support case such as a software bug, with your permission. If at any point we need to access your account to help you with a Support case, we will ask for your consent before proceeding.

To comply with a legal or regulatory obligation. In certain circumstances, we may treat your data in accordance with this policy to comply with a legal or regulatory obligation to which we are subject. 

We treat your personal data confidentially in accordance with the applicable legislation. Unless stated otherwise, your personal data will not be provided to third parties. 

In particular, we may disclose certain information as follows:

• To our partners, in order to respond to a request for information and marketing in the relevant territories for the interested party.
• We may give access to personal data to our service providers under contracts for the provision of services in favour of the company. We require that all third parties respect the security of their personal data and treat them in accordance with the law. We do not allow our external service providers to use your personal data for their own purposes and we only allow them to process your personal data for specific purposes and in accordance with our instructions.
• We may share personal information with professional advisors such as lawyers, accountants or auditors in order for them to provide us with legal, accounting or auditing services.
• We may share personal information with third parties to whom we may choose to sell, transfer, or merge parts of our organisation or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
• We may also communicate your contact data to Faradai's subsidiary company, Reengen Enerji Teknolojileri A.Ş. (Reengen) ,(with registered office at Reşitpaşa Mahallesi Katar Caddesi Teknokent Arı 4 Sitesi No:2/50/6 Sarıyer/Istanbul, incorporated under Turkish law), and eventually to other companies within their business group, in order to provide services mentioned above.

Your data protection rights

At Faradai, we apply the same data rights to all customers, regardless of their location. The most most advanced privacy regulations in place are the European Union’s General Data Protection Regulation (“GDPR”). Faradai recognises all of the rights granted in these regulations, except as limited by applicable law. These rights include:

• Right to Know. You have the right to know what personal information is collected, used, shared or sold. We outline both the categories and specifics of the data we collect, as well as how they are used, in this privacy policy.
• Right of Access. This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
• Right to Rectification. You have the right to request correction of your personal information you believe is inaccurate. You also have the right to request Our Company to complete the information you believe is incomplete.
• Right to Erasure. This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession and, by extension, all of our service providers. Fulfillment of some data deletion requests may prevent you from using Faradai services because our applications may then no longer work. In such cases, a data deletion request may result in closing your account.
• Right to Complain. You have the right to make a complaint regarding our handling of your personal information with the appropriate supervisory authority. To identify your specific authority or find out more about this right, as an EU individual you should go to https://edpb.europa.eu/about-edpb/board/members_en.
• Right to Restrict Processing. This is your right to request restriction of how and why your personal information is used or processed, including opting out of the sale of personal information.
• Right to Object Processing. You have the right to object to Faradai's processing of your personal data, under certain conditions.
• Right to Data Portability. You have the right to request that Faradai transfer the data that we have collected to another organization, or directly to you, under certain conditions.
• Right to not be subject to Automated Decision-Making. We do not undertake any automated processing of personal data, or profiling, within the Faradai accounts or elsewhere. Note that you have a right to object to any decisions being taken through the processing of your personal data by automated means if they produce legal effects concerning you or similarly significant effects on you. We do not use your personal data in a way that makes such decisions.

At all times, you have the right to report a concern or lodge a complaint with the Information Commissioner’s Office. Please refer to the ICO at https://ico.org.uk/concerns/ or by calling them on 0303 123 1113. Of course, we hope that we can resolve your issue quickly and fairly ourselves.

If you have questions about exercising these rights or you need assistance, please contact us at [email protected].

What security measures we implement

All data is encrypted via SSL/TLS when transmitted from our servers to your browser. The database backups are also encrypted. We limit access to your personal data to those employees, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

Cancellation of services

Once canceled, your personal data is no longer accessible to anyone, but the data related to energy and sustainability operations of your organization such as facility information, geography, utility bills remain available in Faradai's databases.

International transfers

We do not directly transfer any of your personal data outside the European Economic Area (EEA). However, some of our data processors may do so and this section explains the impact of these international transfers and how your information is protected.

Many of our data processors operate “cloud-based systems”, which means the information is held in information data centres in different locations.

All the cloud-based systems we use reserve the right to hold copies of your personal information outside the EEA. Please note that the reason companies may choose to do this is to hold back-up copies, so they can guarantee recovery.

In each case our processors and/or we employ one or more of the following means that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of abuse:

• Certain processors may only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
• Providers storing data in the US, may be self-certified to the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us at [email protected] if you want further information on the specific mechanisms used by our data processors when transferring your personal data out of the EEA.

Changes & how to contact us

Although significant changes are rare, this policy may be amended as new features, technology, or legal requirements arise, so please check back from time to time. We will notify you if we make a significant change and, where required, seek your consent. Have any questions, comments, or concerns about this privacy policy, your data, or your rights with respect to your information? Please get in touch by emailing us at [email protected] . We’ll be happy to answer any questions.