Terms of service

We also provide a french version of the terms of service.

These Terms of service govern the Sponsorship Agreement between

You (“The Customer”)

and

Ecosia GmbH, having its registered office at Gerichtstr. 23, Hof 4, Aufgang 4, 3. OG, 13347 Berlin, Germany (“Ecosia”)

Section 1 - Product or services

Ecosia will deliver all related services regarding the planting, sowing or farmer managed natural regeneration (“Reforestation”) of trees to the Customer. Ecosia may use the services of partners, contractors and/or subcontractors for this.

The agreed upon price comprises all activities necessary for the Reforestation and care of the trees in order to arrive at the agreed number of trees. In case the number of trees surviving after 3 years is lower, Ecosia will replant the required amount of trees at Ecosia’s own cost. Ecosia is not responsible for maintenance and/or nursing of the trees after 3 years.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

There are no additional one time or ongoing costs to be paid for by the Customer related to the time before, during or after this period unless explicitly stated so.

The Customer only owns the claim of having planted an agreed upon number of trees inside a project portfolio and having contributed to the social-economic and environmental impact these trees deliver.

The Customer does neither own a claim on any specific tree planted under this agreement, nor the usufruct (fruits, wood) or the trees themselves.

The Customer may not utilize the Service to incentivise Customer sales without the express written approval of Ecosia. Without limiting the foregoing and by way of example only, this applies to offering 1 tree planted for 1 product purchased from Customer.

The carbon sequestration effect resulting from the Services does not constitute a certified carbon offset and must not be used as such.

Ecosia will provide periodic progress updates as well as media items that the Customer can use and sub-licence for his/her own communications, including social media.

Ecosia can communicate about the services both internally and externally by using the name of the Customer and the name of the services without prior approval to do so. Being understood that both Parties shall refrain from communication which would harm the good reputation of the other Party. If Customer wishes to remain confidential as a user of the service, it must advise Ecosia explicitly in writing.

Section 2 - Disclaimer or warranties; Limitation of liability

Insofar as nothing to the contrary arises from these Terms of Service including the following provisions, Ecosia shall be liable in accordance with the statutory provisions in the event of a breach of contractual and non-contractual obligations.

Ecosia shall only be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence. In the case of simple negligence, Ecosia shall be liable, subject to statutory limitations of liability (e.g. care in own affairs; insignificant breach of duty), only

a) for damages resulting from injury to life, body or health,

b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to the compensation of the foreseeable, typically occurring damage..

The limitations of liability resulting from para. 2 shall also apply to third parties as well as in the event of breaches of duty by persons (also in their favor) whose fault Ecosia is responsible for according to statutory provisions. They shall not apply insofar as a defect was fraudulently concealed or a guarantee for the quality of the goods was assumed and for claims under the Product Liability Act.

Due to a breach of duty which does not consist of a defect, the Customer shall only have a right of withdrawal or termination of the contract due to a breach of duty for which Ecosia is responsible; in particular, a free right of termination (e.g. pursuant to §, 648 BGB) shall be excluded. Withdrawal or termination must be declared in writing. In all other respects, the statutory prerequisites and legal consequences shall apply.

Section 3 - Severability

Should individual provisions of this Terms of Service be wholly or partially invalid or void or become wholly or partially invalid or void as a result of a change in the legal situation or as a result of supreme court rulings or in any other way, or should this Terms of Service contain any gaps, the parties agree that the remaining provisions of this Terms of Service shall remain unaffected and valid. In this case, the contracting parties undertake, taking into account the principle of good faith, to agree on a valid provision in place of the invalid provision which comes as close as possible to the meaning and purpose of the invalid provision and which it can be assumed that the parties would have agreed on at the time of conclusion of the Terms of Service if they had known or foreseen the invalidity or ineffectiveness. The same shall apply if this Terms of Service should contain a gap.

Section 4 - Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Section 5 - Governing law

These Terms of Service and any separate agreements whereby Ecosia provides the Customer shall be governed by and construed in accordance with the laws of Germany. The exclusive place of jurisdiction is Berlin.

Section 6 - Contact information

Questions about the Terms of Service should be sent to us at support@ecosia.org.

Section 7 - Tax deductions

Prices quoted do not include VAT unless specified. The Customer will be responsible for payment of all applicable federal, state and local taxes and assessments (including sales, use and similar taxes) of any transaction under this agreement. Ecosia is officially registered as a GmbH in Germany, so we pay tax on the products and services we sell. Because we are not registered as a charity (gGmbH) we do not accept donations.