These General Terms and conditions of Use define the conditions for using the carbon calculator service "Carbon'Clap" for Productions, available at the address http://www.carbonclap.ecoprod.com/ or through the "Carbon'Clap" API (the "Site") (the "Calculator").
The Calculator is provided by Ecoprod, a non-profit association with its registered office at 9 rue Baudoin, 75013 Paris ("we," "our," "us") as a free service to be used under the general conditions described below regarding the use of the Site (the "Conditions").
The Conditions constitute a contractual agreement between Ecoprod and you ("User," "you," "your").
Any connection to the Site is subject to compliance with these conditions and the Privacy Policy. In any case, the User's registration on the Site and/or any initiation of the use of the Services is subject to these Conditions and the Privacy Policy, which the User accepts.
If you do not accept all of these Conditions, you must stop using our Services. Your continued use of the Site will be governed by the Conditions in effect at the time of each connection.
1. Definitions
Carbon Footprint: refers to the assessment of CO2 emissions for a past, ongoing, or future Production (simulation) established by the Calculator.
Data: refers to (i) CO2 Data and (ii) any other data entered, processed, stored, or generated in the context of using the Site and the Calculator by the User, end-users, or Ecoprod.
CO2 Data: refers to all characteristics of the resources, both human and technical, mobilized within the scope of a Production to be provided in the Form, and more generally, all data required to complete the Form.
Personal Data: refers to personal data that allows your direct or indirect identification, as per Article 4.1 of the General Data Protection Regulation 2016/679 of April 27, 2016, or "GDPR."
Form: refers to the online form to be completed by Users on the Site with CO2 Data for each Production with the aim of obtaining the Carbon Footprint.
Green score: refers to the self-assessment of a production on the Site based on purely declarative Data. It does not constitute the Ecoprod Label.
Ecoprod Label: refers to the Ecoprod label obtained following the audit conducted by AFNOR Certification.
Privacy Policy: refers to the privacy policy applicable when you use the Site and the Calculator, accessible at the URL: [link provided].
Production: refers to a production, post-production, or co-production in the fields of cinema, audiovisual, and animated images.
User Profile: refers to, for a User, based on their User profile and the concerned Production, alternately having User Project access rights, User Collaborator, and/or User Viewer access rights.
Services: refer to the Calculator, which, based on the User Profile, provides access to services on the Site: access to the Form, issuance and sharing of a Carbon Footprint, the User dashboard, and storage of Carbon Footprints.
Users: refer to an individual or legal entity with a User Profile, collectively including Production Users, Editorial Users, or a Viewer User.
User Project: refers to access rights for the User allowing the creation of Production projects, completion and modification of CO2 Data in the Form, and open access to the Carbon Footprints of their Productions.
User Collaborator: refers to access rights granted by the User Project to another User on one or more Productions, enabling them to complete and modify all or part of the CO2 Data in the Form and to consult the Carbon Footprints of these Productions.
User Viewer: refers to access rights granted by the User Project to another User on one or more Productions, enabling them to view the Carbon Footprints of these Productions.
Tag: refers to a system within the platform allowing the User to identify an entity (e.g., broadcaster, co-producer, support fund) and providing access to their CO2 Data.
2. Conditions of Access to the Site
The Site is accessible for free to its Users via the Internet from a fixed or mobile device with an internet browser.
The use of the Site is reserved for Users registered on the Site.
The User acknowledges having the competence and means necessary to access and use this Site.
As a User of the Site, the User acknowledges having verified that the computer configuration used does not contain any viruses and is in perfect working condition.
3. Services Definition
The Calculator allows the User to calculate and save greenhouse gas emissions and other environmental and energy-related data relevant to film and television productions and estimate a Green Score based on the declarative Data transmitted.
The Site enables the User, depending on their User Profile configuration:
- To request a Carbon Footprint by creating a Production project to submit to the Calculator.
- To complete, modify, and update Forms with CO2 Data for a Production.
- To view, download, and share the corresponding Carbon Footprints.
- To store the Carbon Footprints of their Productions for three (3) years.
Each User has access only to Data: (i) related to them, (ii) to which they are granted access based on their User Profile and the rights assigned to them on one or more Productions by the respective User Project.
4. Use of the Site and Code of Conduct
Your use of the Calculator and the Site must comply with applicable laws and have a legitimate purpose for you or any other person for whom you are legally authorized to act.
The Site is reserved for the personal use of the User, who is prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works, transferring, or selling any information, software, product, or service obtained from or through the Site.
The use of the Calculator is exclusively reserved for assisting in determining greenhouse gas emissions and other environmental and energy-related data for film and television productions for which the User has exclusive responsibility.
Carbon Footprints can be used by the User internally and externally (in environmental or sustainable development reports, press releases) provided that Carbon’Clap is mentioned.
The use and exploitation of the Calculator and Carbon Footprints by electronic and/or automated tools are not allowed.
Furthermore, you agree not to:
- Use the Calculator or its content for any commercial purposes or resell services obtained from our Calculator to third parties.
- Use the Calculator or its content in any way that may harm Ecoprod or damage its reputation.
- Submit requests for Carbon Footprints on speculative, false, or fraudulent Production projects.
- Submit requests for Carbon Footprints on behalf of third parties unless expressly authorized by Ecoprod.
- Access, monitor, or copy any content or information on the Site using any robot, scanning engine, scraper, or any other automated means or any manual process for any purpose without our express written permission.
- Attempt to violate or circumvent any security measures put in place to restrict your access to or use of our Calculator or the Site.
- Use or interfere with our Calculator or Site in a way that could damage, disable, overload, compromise the operation of our systems or security, or interfere with other Users.
- Introduce or transmit through our Site any disruptive or malicious code, virus, computer worm, or Trojan horse, or any "denial of service" or "spam" attack.
- Delete, modify, or replace any mark indicating the author, trademark, business name, logo, or any other indication of origin appearing on our Site and on the Carbon Footprints or present or attempt to present our Services or our Site as the product of anyone other than Ecoprod.
You expressly agree that your use of the Site is at your own expense and risk. Unless proven fraudulent, for which you must provide evidence, you are legally and financially responsible for your actions on the Site, including the use of your User account and password. You also guarantee the truthfulness and accuracy of the information about yourself provided on the Site.
5. User Obligations
The User must:
- Comply with the instructions, guidelines, and reasonable directives from Ecoprod regarding the use of the Site.
- Cooperate with Ecoprod on all matters related to the Calculator and do so in a timely manner.
- Provide any information required by Ecoprod accurately, completely, in good faith, and in a timely manner.
- Ensure that their Users use the Site in accordance with these Conditions.
- Maintain appropriate backups, disaster recovery, and resilience plans for their situation.
- Do everything reasonably possible to prevent any unauthorized access or use of the Site, and in case the User becomes aware of such unauthorized access or use, inform Ecoprod.
- Keep their access or security credentials for the Site confidential. If the User becomes aware of a compromise, they must immediately change the passwords for their accounts.
User must not, and must ensure that its end-users do not:
- Provide Personal Data to Ecoprod, unless necessary for registration or use of the Calculator.
- Allow any unauthorized person to access or use the Calculator.
- Use the Calculator to provide services to third parties.
- Use the Calculator for commercial gain.
- Make or attempt to make any modifications to the Calculator (other than through specific facilities provided by Ecoprod in the Calculator for this purpose), or create or attempt to create any derivative work from the Calculator.
- Use the Site in an illegal, fraudulent, or harmful manner, or in connection with an activity that is any of these things.
- Publish anything on the Site that is illegal, fraudulent, discriminatory, or harmful, or related to such an objective or activity.
The User guarantees that the Data will not infringe on the intellectual property rights or other legal rights of any person and will not violate the provisions of any law, statute, or regulation, in any jurisdiction and under any applicable law.
6. Protection of Personal Data
The conditions under which the Personal Data of Calculator Users are collected and processed by Ecoprod are defined in the Privacy Policy.
7. Access to services, suspension and maintenance
Ecoprod reasonably strives to maintain and operate the Calculator but does not guarantee that it will always be available or functional, nor that it will be free from defects.
Ecoprod may restrict or suspend access to all or part of the Site immediately and without notice if, in the reasonable judgment of Ecoprod, the User is not using the Calculator, is not complying with applicable regulations or obligations under these Conditions, or if Ecoprod deems it necessary to do so:
- To stop or mitigate any security or integrity incident, threat, vulnerability, or issue affecting its network, equipment, or services (including any network, equipment, or service provided to a User).
- To address behavior that, in its reasonable opinion, constitutes an abusive use of the services.
- In response to a request from a judicial or administrative authority.
- To comply with a legal obligation. 8. Property rights
Ecoprod owns and will continue to own the rights, including intellectual property rights, to all content of the Calculator and the Green Score, and all information comprising or accessible on the Site, including data, source code, software, photographs, images, trademarks, videos, graphics, interfaces, sounds, quotes, written content, and others ("Ecoprod Content"). You must not copy, distribute, or divert any Ecoprod Content without the prior written consent of Ecoprod.
The CO2 Data used in the Calculator for Productions is protected by copyright.
The User grants Ecoprod all rights (including intellectual property rights) over the User's Data that are required by Ecoprod for:
- Providing its services, including the Carbon Footprint and Green Score, to the User;
- Preparing and distributing analytical studies and anonymized reports;
- Sharing the Data with third parties as per Article 10;
If the User or end-user provides feedback or suggestions for modifications or improvements to the Site and/or the Calculator, the User agrees that:
- Ecoprod may, but is not obligated to, implement all or part of the feedback or suggestions; and
- The User transfers to Ecoprod all rights (including intellectual property rights), titles, and interests related to their feedback and suggestions, and does everything necessary to implement them.
The Green Score is purely informational. Sharing or communicating it is strictly prohibited. It is different from the Ecoprod Label and does not guarantee obtaining it. 9. Warranty and liability
Estimates of CO2 emissions related to CO2 Data have been carefully researched and compiled by Ecoprod or third parties. Neither Ecoprod nor third parties can guarantee the accuracy, completeness, and timeliness of the information regarding CO2 emissions.
Ecoprod is not responsible for the misuse, modification, and dissemination of CO2 Data, Carbon Footprints, and Green Score as long as Ecoprod is not responsible for filling out the Forms.
10. Confidentiality
10.1. Ecoprod commits to:
(i) - Keeping the User's Data strictly confidential. Anonymized data may be shared with third entities for statistical purposes (notably EUROPEAN AUDIOVISUAL OBSERVATORY), as agreed upon by the User. In such cases (conducting studies), the Data will be aggregated and anonymized to ensure the protection of personal and business data.
(ii) - Not disclosing the User's Data to anyone without the User's prior written consent, except (a) to any natural person, legal entity, or entity (e.g., broadcaster, co-producer, support fund) designated by the User-Producer in the Form through a Tag or (b) for Form, comparisons, and anonymized reports.
(iii) - Using the same degree of care to protect the confidentiality of the User's Data as it uses to protect its own confidential information of a similar nature.
(iv) - Not using the User's Data for purposes other than the performance of its obligations or the exercise of its rights under these or in connection therewith.
In any case, Ecoprod retains all rights to information derived from or reflecting access or use of the Calculator.
10.2 Notwithstanding Article 9.1, Ecoprod may disclose the User's Data to its officers, employees, professional advisers, broadcasters, professional bodies, unions, insurers, agents, and subcontractors who need access or process the User's Data for the performance of their work concerning the purpose for which they are provided and who are bound by a written agreement or professional obligation to protect the confidentiality of the User's Data.
10.3 This Article imposes no obligation regarding User's Data that:
(i) - is known to Ecoprod before being uploaded to the Site and is not subject to another confidentiality obligation;
(ii) - is or becomes publicly known without any act or default of Ecoprod; or
(iii) - is obtained by Ecoprod from a third party in circumstances where Ecoprod has no reason to believe there has been a breach of a confidentiality obligation.
10.4 The restrictions of this Article do not apply to the extent Ecoprod is required to disclose User's Data under law, regulation, order, or judicial or governmental request.
10.5 The provisions of this Article will remain in effect for a period of three years after the termination of this agreement, after which they will cease to have effect.
11. Miscellaneous Provisions
These Conditions constitute the entire agreement between you and Ecoprod regarding the subject matter hereof and supersede any prior or contemporaneous agreement or arrangement (oral or written) regarding the subject matter. No modification of these Conditions that you may make will be effective unless accepted in writing by Ecoprod. If, at any time, one or more provisions of these Conditions is deemed void or becomes so or is deemed unenforceable for any reason under applicable laws, it will be considered as having been deleted from these Conditions, and the validity and/or enforceability of the other provisions of the Conditions will not be thereby affected or concerned by such deletion.
12. Modification of Conditions
At its discretion, Ecoprod reserves the right to modify, revise, or update these Conditions in any way, or to modify or delete features of the Site at any time, with or without notice. In the event of modifications, updates, or revisions to these Conditions, the revised Conditions will be published by Ecoprod and will take effect immediately upon publication on the Site. You will be deemed to have accepted any modification if you continue to use our Services after the display of the modifications, and you commit to complying with the modified, revised, or updated Conditions.
13. Applicable Law and Jurisdiction
These Conditions are governed and construed in accordance with French law, excluding conflict of law provisions.
Any dispute regarding their interpretation and/or execution falls under the jurisdiction of French courts in accordance with applicable legal provisions.