The following Terms of Service define the legal framework for the use of the Myplan8 website (myplan8.earth), the Myplan8 app, and the other services we provide to our users.
Please read these Terms of Service carefully.
1.1 Contract partners and contract subject matter. These Terms of Service provide the basis for the user agreement resulting between you and us, KRNY Innovations Pvt. Ltd., Mumbai, India (hereinafter referred to as “Us” or “We”). The contract subject matter is the use, free of charge, of the services offered by Us on the website Myplan8.com (the “Myplan8 Website”) or via the Myplan8 mobile applications (the “Myplan8 App”) and the purchase of CO2e emission reduction quotas that We retire on your behalf, as well as other services that may be referenced in these Terms of Service (the “Myplan8 Services”).
1.2 Additional Terms and Conditions. We reserve the right to make certain Myplan8 Services subject to additional terms and conditions. We will notify you before using such additional terms and conditions.
If you access the Myplan8 Services via the Myplan8 App and have downloaded the Myplan8 App from the app store of a third party, the Terms of Service of the app store provider will apply in addition to our Terms of Service. In the case of the Apple App Store, these terms include, for example, the “Apple Media Services Terms and Conditions” (available at https://www.apple.com/legal/internet-services/itunes/de/terms.html). The terms of use for Google Play are available, for example, at https://play.google.com/intl/de_de/about/play-terms.html. Please be sure to review the terms of use for your country.
In the event of any conflicts, the latter terms of use will take precedence.
The Myplan8 Services We provide involve the following:
2.1 Myplan8 App. You can download and use the Myplan8 App for free. Using the Myplan8 App, all users can calculate their personal carbon footprints. You can also use the Myplan8 App to purchase carbon offsets, attain a green score, green money card and green credits.
When downloading and using the Myplan8 App, especially in third-party networks or abroad, you may incur transmission charges from your Internet service provider.
We make every effort to ensure the trouble-free operation of the Myplan8 Services and to make them available 24/7 to the extent possible. However, We would like to point out that full or uninterrupted availability is not technically feasible and We, therefore, do not guarantee trouble-free operation or any particular availability.
2.2 Myplan8 Website. We also offer you the Myplan8 Website, which provides information about the topics of climate and emissions reduction and about our Myplan8 Services. Some of the other Myplan8 Services (such as calculating the carbon footprint) can also be used on the Myplan8 Website. Where applicable, the terms and conditions for using the various Myplan8 Services also apply to their use on the Myplan8 Website.
2.3 Calculation of carbon footprint. We enable our users to calculate their personal annual CO2e emissions, the so-called carbon footprint, free of charge. For this purpose, We make available a questionnaire in the Myplan8 App or on the Myplan8 Website. The questionnaire allows users to input information about their personal lifestyle (e.g. number of family members, number of flights). The method used to calculate the carbon footprint is backed by science, but the calculated carbon footprint is only an approximate value because the exact carbon footprint depends on all of a user’s actions and only a limited amount of information about each user is available to Us. It is also necessarily an estimate because the carbon footprint is a prediction about the future and the carbon footprint is calculated for an entire year. Therefore, the calculation is made without any guarantee that your actual carbon footprint will correspond to your calculated carbon footprint. The method of calculation may be adjusted from time to time, for example, because further findings are incorporated into the calculation methodology or because social conditions influencing your personal carbon footprint have changed.
2.4 Carbon offsets. We want to make it easy for our users to offset their personal carbon footprint. One effective way to do so is to purchase and retire CO2e emission reductions (the “Emission Reduction”). For many users, however, the effort involved is cumbersome. This is where our paid Carbon Offset Program comes in (the “Carbon Offset Program”).
We purchase Emission Reductions from selected climate protection projects and retire them on behalf of our users. The climate protection projects we select meet our quality requirements. This process is also called “offsetting”. In this context, “retiring” means that a retired Emission Reduction can no longer be traded. It is thereby realized. Emission Reductions are traded in units of one metric ton. Myplan8 makes it possible to offset smaller units, too: Users do not receive emission reduction certificates directly, but rather acquire an individual quota of a total number, which We allocate to our users and which is non-transferrable (the “Emission Reduction Quota”). We bundle the many different Emission Reductions and retire the total number at regular intervals, but at least once a quarter (overall the “compensation performance”).
When you start your Carbon Offset Program, you can decide what percentage of your carbon footprint you want to offset. This determines the price you pay for your individual carbon offset. Because the market cost of Emissions Reductions can change over time and we want to keep your price stable, we may need to adjust the compensation performance to reflect changes in market costs. We will inform you about this beforehand. In this case, your price will not change, but the amount of Emission Reductions we buy for you will increase or decrease, and so will the percentage of your CO2e footprint you offset. You can then decide for yourself whether you want to offset a higher or lower percentage again. Only then will the price for your individual Carbon Offset Program increase or decrease accordingly.
2.5 Green Credit. A percentage of carbon offset investment will be returned as 100% guaranteed gratification in form of green credits. The green credits are backed by original exchangeable and tradable carbon credits which are distributed as fractional units to the subscribed users. The credit is verified by UCR as the verification body and registered and linked with the London carbon exchange. Myplan8 will offer to buy back the credit post attaining a defined value. The buyback price will be as per -1 day of the exchange.
2.6 News. As part of the carbon offsetting process, our users receive news about topics such as climate change in general, specific climate protection projects, and a climate-friendly lifestyle, in particular tips on how to reduce your carbon emissions and thus lower your offset costs. This information may contain links to third-party content.
2.7 Changes to the Myplan8 Services. We reserve the right to change our business model at any time, e.g., to provide certain Myplan8 Services only in exchange for payment.
3. Conditions of Participation. To open a user account and to use the Myplan8 Services you must be at least 18 years old and have full legal capacity.
By entering into a contract with Us you represent that you have no other user account with Us and that your user account has not been suspended or cancelled in the past due to violations of our Terms of Service. In such cases, We will not enter into another or new user agreement with you. You also represent that all information provided by you during the registration process is true and complete.
4.1 Use without a user account. You may use the Myplan8 App or the Myplan8 Website to collect information without a user account and, for example, to calculate your carbon footprint. These Terms of Service also apply to this type of use, to the extent that they are applicable.
4.2 Registration process. To use all features of the Myplan8 Services, you must register and open a user account. You can open a user account either via the Myplan8 App or, if applicable, directly via the Myplan8 Website. During the registration process, you will be asked to accept these Terms of Service and to consent to the processing of your data. In addition, We will ask you to read our privacy policy.
You can either register and log in with your email address and a password or use your Facebook login, your Google account, or the “Login with Apple” feature.
How the user agreement is concluded depends on how you log in for the first time and whether you also participate in our Carbon Offset Program.
4.3 Registration via mobile Myplan8 App. If you wish to register via the Myplan8 App, the conclusion of the user agreement will depend on the rules of the app store provider. As a general rule, a user agreement will result as soon as you click on the install button in the app store and enter your password or confirm installation with your fingerprint or Face ID. In order to use the Myplan8 Services, you will still need to create a user account via the Myplan8 App.
4.4 Registration via the Myplan8 Website. If you register on the Myplan8 Website, a user agreement between you and Us will result after you have completed the registration process.
4.5 Conclusion of an agreement for paid carbon offsets. By participating in our Carbon Offset Program, you can purchase Emission Reduction Quotas. If you participate in our Carbon Program using the Myplan8 App or the Myplan8 Website, an agreement will result when you click on “Buy Now”, “Pay to Offset” or a comparable button and have successfully entered your payment information.
4.6. Correction of input errors. If you want to participate in our Carbon Offset Program using your Myplan8 App, you can cancel the registration process at any time in the App. You can also cancel the registration process at any time if you wish to participate in our Carbon Offset Program via the Myplan8 Website. You will be able to correct any input errors until you have successfully entered your payment details.
You can either correct your payment information as you enter it, or you can use the options made available by Apple Pay, Google Pay, or Stripe.
5. Rights and obligations of the user. The Myplan8 Services are offered exclusively to consumers. This means you may not use the Myplan8 Services for business or other commercial purposes.
You may not allow any third parties to use your user account, and you are not permitted to
make accessible or transfer to any third parties access data transmitted or used for authentication or identification purposes;
circumvent any access control systems for paid services or take any other action to use services without authorization;
introduce into our IT systems any viruses, worms, Trojan horses, or other malware that may jeopardize or impair the functionality of the Myplan8 Services;
transfer or assign any rights or obligations under your contract with Us to any third parties.
When using the Myplan8 Services you must also comply with the terms of contracts with any third parties, in particular contracts with the app store or your Internet service provider.
To guarantee smooth communication with you, We ask that you include our email address in the list of trusted senders at your email provider.
6.1 User agreement for use of Myplan8 Website and Myplan8 App. The agreement concluded between you and Us concerning the use of the Myplan8 Website and the Myplan8 App when you open a user account will be valid for an indefinite time period. It will end when you delete the Myplan8 App and terminate your user account.
6.2 Carbon Offset Program. We offer different terms for our Carbon Offset Program. Not all term options are available in every country. The term options displayed to you will be applicable in each case. If no explicit terms are shown to you, the contract is concluded for an indefinite period of time. Our Carbon Offset Program is not a so-called in-app purchase. If you want to cancel, you can simply use the appropriate function in the menu of the Myplan8 App or, if applicable, in your personal user account on the Myplan8 Website.
6.3 Billing period. For paid services (such as the Carbon Offset Program), you pay in advance for the defined billing period. The billing periods that are displayed within the Myplan8 app (or on the Myplan8 website) apply when you book the paid service. If no other billing period is displayed, you will be billed monthly on the due date on which you started your participation in the paid service.
7.1 Carbon Offset Program. You may terminate your participation in the Carbon Offset Program at any time for any or no reason, effective as of the end of the current billing period. To do so, you can simply use the appropriate function in the menu of the Myplan8 App or, if applicable, in your personal user account on the Myplan8 Website.
Please note that deleting the Myplan8 App will not terminate your participation in the Carbon Offset Program.
If you no longer participate in the Carbon Offset Program, your user account will remain in place unless and until you also cancel your account.
We may terminate your participation in the Carbon Offset Program at the end of the current billing period, two weeks before written notice by email.
7.2 User account. You may delete your user account at any time for any or no reason, in which case this user agreement will terminate automatically.
To do so, you must send Us an email at support@myplan8.com so that We can delete your user account and the associated data. Please note that after your user account has been deleted, all data and content you have uploaded will or may be deleted by Us.
If at the time of deletion of your user account, you are still participating in our Carbon Offset Program, the Program will not terminate until the end of the current billing period and your user account will not be deleted until then. Any amount already paid by you for this billing period will not be refunded, not even on a prorated basis.
We may terminate the user agreement two weeks prior written, signed or unsigned, notice by email, however at the earliest at the end of the current billing period of your Carbon Offset Program.
7.3 Termination for good cause. Irrespective of the aforementioned provisions, the right to terminate the contract for good cause shall remain unaffected by both parties. In particular, We are entitled to terminate the user agreement or your Carbon Offset Program and to delete your user account with immediate effect, if you seriously or repeatedly violate the provisions of the user agreement and/or these Terms of Service or fail to make any payment when due despite a past due notice.
8.1. Prices. Our prices and currencies may vary from country to country. If you decide to participate in the Carbon Offset Program, the price and currency that apply to you will be displayed in the Myplan8 App or on the Myplan8 Website. The price for the individual Carbon Offset Program is determined by the share of your individual carbon footprint that you compensate for. All quoted prices already include applicable value-added or sales tax.
8.2 Collection of payments. Payments for your Carbon Offset Program will be collected in advance for the current billing period.
8.3 Payment Methods. You may make payment using your debit card, credit card or UPI or the payment method selected for Apple Pay or Google Play, depending on availability in your country. If payment is declined and you are responsible for payment having been declined (e.g., because the account does not have sufficient funds or the credit card limit has been exhausted), We shall have the right to charge you for the resulting costs and/or expenses We have actually incurred. The rupay card is not currently accepted.
We reserve the right not to offer certain payment methods and to refer you to other payment methods if there is a valid reason for doing so.
8.4. Default. We reserve the right to assert any additional claims that may arise in the event of non-payment.
8.5. Return Policy. Policy outlining the rules for returning purchased goods and services. This policy should include the return window, return requirements, and the process of return.
8.6. Shipping Policy. Policy outlining the rules for shipping goods to the customer. It should include information like the shipping timeline, order tracking (optional), and the return process for both tangible and digital goods.
8.7. Refund/Cancellation Policy. Policy informing the customer about the process of refund and exchanges that can occur due to a variety of reasons. The policy should include the refund processing time and mode of refund. In case no refund or cancellation is provided, it should be mentioned on the website.
9.1 Myplan8 Services and Content. To the extent necessary for achieving the contractual purpose, we hereby license to you the non-exclusive and non-transferable right to use protected content for non-commercial purposes subject to the terms of the contract. We hereby advise you that you are prohibited, in particular, from distributing or making such content available to third parties, e.g., on websites, and from leasing or otherwise transferring either the Myplan8 App or its content. You may not decompile, modify, or edit the Myplan8 App, except as provided by applicable law.
Licensed rights will in each case terminate if your account is no longer activated or after the license term has ended. In the event of any violation of these provisions, we shall have the right to terminate the contract for good cause without notice.
9.2 Inclusion of family members. These licensed rights are also valid for any other family members, provided that they are part of a family group within the meaning of the terms of use of your app store.
9.3 Content uploaded by users. To ensure that the Myplan8 Services can be used without limitation at all times, we need to be able to use content uploaded by users at any time, at any place, and without limitation. You therefore hereby license to Us the non-exclusive right, throughout the world, in perpetuity, and without limitation, to use any protected content uploaded by you. We shall have the right to sublicense this right, which shall include, without limitation, the right to reproduce, disseminate, make publicly available (by wire-based or wireless transmission), communicate, and edit such content (for example, by changing the resolution or size of an image for technical reasons). You hereby further license to Us the right to make any content uploaded by you also available to any other users, to the extent this is done for the contractual purpose.
10. Support. We will provide you with support for the Myplan8 App. You may contact our support teams with any concerns related to the Myplan8 App. You can reach the support team at support@myplan8.com.
11. Updates. In order to keep the Myplan8 App up to date, We may offer automatic or manual updates for the Myplan8 App at any time and without prior notice. Our applications are continuously updated and adapted. Among other things, this is to protect your security and the stability of our applications. Therefore, system requirements may change under certain circumstances. We do not assume any obligation to provide you with a functional application (such as the Myplan8 App) for your terminal device permanently if technical developments should limit the functionality of your terminal device.
12.1 Applicable law. Any warranty claims are governed by applicable law. Your rights as a consumer remain unaffected thereby.
12.2 No express or implied warranties. We make no representations or warranties that by using a Myplan8 Service you will achieve your desired goal or any other result.
13.1 No liability of app stores. We are fully responsible for operating and offering the Myplan8 Services. The app stores We use are not liable for the Myplan8 App on any legal basis.
13.2 No maintenance or support by app stores. We are fully responsible for maintaining and providing support for the Myplan8 App in accordance with these Terms of Service. The app stores (of Google and Apple) assume no obligations to provide any maintenance or support services with respect to the Myplan8 App.
13.3 No liability of app stores for malfunctions of the Myplan8 App. In the event of any malfunctions, you may notify the app stores. Unless otherwise provided by law, the app stores have no further obligations as a result of any malfunctions of the Myplan8 App.
13.4 Infringement of intellectual property rights of third parties. In the event that third parties bring any claims based on any infringement of intellectual property rights by the Myplan8 App or the use of the Myplan8 App, the app stores will not be responsible for any investigations, defenses, resolution, or settlement of such infringement claims.
13.5 App stores as third-party beneficiaries. You hereby accept and agree that the app stores shall be third-party beneficiaries of these Terms of Service and that they may therefore enforce these Terms of Service against you. Any modification or termination of these Terms of Service, including any rights of the app stores hereunder, are reserved for the parties and shall not require the consent of the app stores.
14.1 No responsibility for third-party content or services. The Myplan8 Services may include links to content or services of third-party providers. In some cases, content made available by third parties may be shown or the Myplan8 Services may enable you to use additional services of third parties. We strive to design our applications in such a way that this will be readily apparent to you. All content and/or services of third-party providers are subject to the applicable terms, conditions, and policies of such third-party providers. We hereby expressly disclaim any responsibility or liability for content or services of any third parties. You are personally responsible for making sure that you do not violate the terms and conditions of such third-party providers.
14.2 No responsibility for user-generated content. You are personally responsible for all content you upload using Myplan8 Services. We do not endorse or review such content.
14.3 Responsibility of the user for violations of law. When posting or making available your own content, you must comply with all applicable laws and other regulations that are applicable in the country in which you are using our Myplan8 Services. Whether or not prohibited by criminal law, you are generally prohibited from making available content of a pornographic, sexual, violent, racist, inflammatory, discriminatory, offensive and/or defamatory nature.
In addition, it is your responsibility to make sure that you infringe no third-party rights, including, without limitation, privacy or publicity rights of third parties and intellectual property rights of third parties (e.g., copyrights, trademark rights, etc.). In this connection, We advise you that you must also, and in particular, own the necessary rights to your profile image and to any other photos you upload.
We may at any time remove and erase any content that is unlawful or violates the aforementioned principles. If you violate the aforementioned provisions, We shall also have the right to send you a warning that We will suspend your user account or terminate the user agreement for good cause.
14.4 Indemnity. In the event that you have wrongfully (negligently or intentionally) violated any provisions of Section 14.3, you are obligated to indemnify Us against any claims of third parties that may be brought as a result of such violations. We further reserve the right to claim damages and to pursue other remedies.
15.1 Liability for free services. In the case of free services, our liability, whatever the legal basis, is limited exclusively to damages resulting from intentional or grossly negligent actions or omissions or from any lack of warranted qualities. Our liability for intentional actions or omissions is generally unlimited. Our liability for gross negligence or any lack of warranted qualities is limited to reasonably foreseeable damages. In all other cases, any liability on our part is excluded.
15.2 Liability for paid services. In the case of paid services, our liability, whatever the legal basis, is generally unlimited for damages resulting from intentional or grossly negligent actions or omissions or from any lack of warranted qualities.
If We breach any material contractual obligations due to ordinary negligence, our liability is limited to reasonably foreseeable damages. A contractual obligation is material within the meaning of the foregoing sentence if its performance is necessary for achieving contractual purposes and if you, the consumer may reasonably rely on its performance.
Our liability for wrongful harm to life, limb, or health remains unaffected by the foregoing limitations.
In all other cases, any liability on our part is excluded.
15.3 Liability of our employees. The above limitations of liability (see Sections 15.1 and 15.2) also apply for the benefit of our employees and agents.
15.4 Personal injuries. Any liability for damages involving harm to life, limb, or health (“personal injuries”) remains unaffected and is governed by applicable law.
15.5 Product liability. Any claims under the German Product Liability Act (Produkthaftungsgesetz) remain unaffected by the aforementioned exclusions and limitations of liability.
15.6 Data privacy. Any claims under applicable data privacy laws remain unaffected by the aforementioned exclusions and limitations of liability.
16. Personal data. We will process your personal data in compliance with our Data Privacy Policy. You will find the most recent version of our Data Privacy Policy at https://Myplan8.com/privacy/ or you can access the policy via the App. We will inform you in detail about how and where We process or cause third parties to process your personal data. By entering into the user agreement with Us you expressly consent to the foregoing provisions. You will find a detailed declaration of consent at the end of these Terms of Service. Your legal right of revocation remains unaffected.
17. Changes to Terms of Service. We reserve the right to make changes to these Terms of Service or any parts thereof with effect for the future for the following reasons unless such changes would result in an unreasonable disadvantage for you: for legal or regulatory reasons; for security reasons; to upgrade or optimize existing features of the Myplan8 Services or to add new features; to account for the progress of technology, to make technical adjustments, or to guarantee the future functionality of the Myplan8 Services. We will notify you of any changes to our Terms of Service at the latest four weeks before the planned effective date of the new version. You will have the opportunity to object to changes within the aforementioned four-week period. If you continue to use our Myplan8 Services without objection, you will be deemed to have accepted the new Terms of Service. If you do object to changes, We hereby expressly reserve our right to terminate the contract for convenience. If and when We make changes to the Terms of Service, We will once again advise you of your revocation right, the time period within which the revocation right must be exercised, and the legal consequences of revocation.
18.1. Transfer of contracts to subsidiaries. In the future We may change the structure of our company in order to better offer the Myplan8 Services also worldwide or because this makes economic sense for us. In this case, We must be able to transfer our contracts with you to subsidiaries. You hereby agree that if you use the Myplan8 Services, We may transfer our contracts with you to subsidiaries. Of course, We will inform you before this happens. The Myplan8 Services will continue to be available to you as usual.
18.2 New owners. If there is a change in the ownership or voting rights in our company as a whole or with respect to any of the Myplan8 Services or their assets, We may transfer your information to the new owner. This applies in particular for the benefit of any legal successors in the event of a sale or other transfer of our business.
19.1 Official contract language.
The official contract language is English.
19.2 Governing substantive law.
All dealings between the parties are governed exclusively by Indian law, with the exception of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). Business transactions with consumers residing in the South- East Asia may also be subject to the law that is applicable at the place of the consumer’s residence, if and to the extent that mandatory consumer protection provisions are involved.
19.3 Venue and Jurisdiction.
If there is no court in India where venue and jurisdiction are proper based on your residence, habitual abode, or corporate domicile, or if you relocate your permanent place of residence to another country outside India after the effective date of these Terms of Service, or if your place of residence or habitual abode is unknown at the time legal action is filed, exclusive venue and jurisdiction for any and all disputes arising from this Agreement will be in the courts at the place of our registered office.
19.4 Severability.
If any provisions of these Terms of Service should be or become invalid in whole or in part, the validity of the remaining provisions will remain unaffected thereby.
You may review and print out these Terms of Service at any time at https://myplan8/terms-of-services/. Additional information regarding your respective contract is available in your user account. In the alternative, you may also print out or download the automated order confirmation you received after placing the order.
KRNY Innovations Pvt. Ltd., Mumbai, India.
E-mail: info@Myplan8.com
Managing Directors (managing director and responsible editor): Koushik Sur, Nidhi Mehra & Rajat Vishwakarma
Commercial Register at the Local Court of Mumbai – 401107.
GST registered number is 27AAJCK7574K1ZT
