We thank you for your interest in Pickler. These are our terms of service, which set out the terms under which we provide our application to customers. By using our application, you agree to these terms and conditions. Please read them carefully!
Pickler (“we”, “our”) is a trade name of Sustainability Impact Creators B.V., the company with private limited liability under Dutch law, having its registered office at Dr.Schaepmanstraat 21, 1814RC in Alkmaar (the Netherlands). Chamber of Commerce No. 8761329.
We have developed an innovative solution for businesses, that enables users to easily calculate the footprint of their packaging and manage their sales operations (“application”). Our solution is accessible online under the software-as-a-service model (SaaS).
We may provide supplemental services related to our SaaS-product, such as onboarding support or access to Pickler API. These supplemental services are subject to additional terms and conditions.
Updating our terms of service
1. We may change these terms of service from time to time. We will notify you (by email for example) and give you an opportunity to review the new terms before they go into effect (unless the changes are required by applicable laws or regulations, or they are of minor importance). By continuing to access or use our application after those updated terms are in effect, you agree to be bound by our revised terms. If you don’t accept a change to the terms of service, you must stop using our application immediately.
1. If you accept these terms of service on behalf of a business, you represent and guarantee that you have the authority to bind that business to these terms of service.
2. These terms of service govern your use of the application.
3. Deviating and / or supplementary agreements must be made in writing and only apply to (that part of) the agreement for which the deviating agreement has been made.
4. Your general terms and conditions are hereby expressly rejected by us and do not apply to the agreement.
5. We cannot be held to our offer if you should have understood that the offer, or any part thereof, contained an obvious mistake or error.
6. The agreement between us may be entered into by completing an online registration or by accepting our offer. Offers are valid for 14 days unless otherwise stated.
7. We reserve the right to transfer our rights and duties to a third party. If you want to transfer any of your rights and duties, you need our written permission to do so (this provision also applies in the event of a takeover of your business activities).
8. If a provision of these terms of service is unlawful, invalid, or unenforceable for any other reason, this provision will be separated from the terms of service. The other provisions will remain in full force.
9. We are entitled to engage third parties to perform (part of) the agreement and we are explicitly not responsible for the acts or omissions of these third parties. Sections 7:404, 7:407 paragraph 2 and 6:76 of the Dutch Civil Code are hereby excluded.
10. The terms of the relevant subscription or offer shall prevail in case of conflict between those terms and the terms of these terms of service.
11. We may use anonymized product data collected through the application to conduct benchmarking studies. These studies help us to identify areas for improvement. By using the application, you consent to the use of your anonymized product data for benchmarking purposes. Please note that we will not disclose any identifiable information or confidential data about your products or services, and all data will be anonymized to protect the privacy and confidentiality of our users. If you do not wish to have your anonymized product data used for benchmarking purposes, please contact us to opt-out of this program.
Your user account
1. To access and use our application, you are required to register an account. You will be prompted to provide your professional email address, your first and last name and company name. To register, you must use a valid email address which will be verified by us.
2. By registering an account, you agree to:
provide us with accurate, complete and updated information;
use a strong password and maintain the security of your password;
maintain and update your data to keep it true, correct, accurate and complete;
not share your account with any other person without our permission;
be solely responsible for any activity that occurs through your account, except in cases where you have reported any misuse or have closed the account.
3. Good to know: We are always entitled to refuse a registration request, without having to explain “why”.
4. One or more user accounts for the application will be provided by us, according to your subscription plan. User accounts are personal. Sharing them with more than one individual or providing them to individuals who are not currently or no longer affiliated with your organization, is strictly prohibited.
Use of the application
1. In order to effectively use the application, you must input data relating to your product(s). By doing so, you grant us permission to use all or any part of this data so we can provide the service to you. You ensure that you have the necessary rights in relation to the data you input and process. You understand that we may access and view input data and any results that are specific to your company. We will treat this data in a confidential manner. We won’t verify if the input data is correct or complete: it is your sole responsibility to maintain and update your data to keep it true, correct, accurate and complete.
2. Unless explicitly stated otherwise, the validity of any eco forecast provided through our application is limited to a maximum of two weeks from the date of issuance. We do not guarantee the accuracy or reliability of any eco forecast beyond this timeframe. Users are solely responsible for any decisions or actions taken based on such eco forecasts. We recommend sharing Pickler links, as these links will point to the most recent version.
3. The application is designed to calculate the ecological footprint of packaging based on widely accepted methodologies and datasets. However, there are different methods to calculate the ecological footprint and the results may vary depending on the methodology used. It is important to note that there is currently no European regulation on the standardization of ecological footprint calculation. Therefore, the results generated by our application are for informational purposes only and should not be considered as an official certification or endorsement.
4. The application should only be used for its intended purpose. It is not allowed to use the (results of the) application in order to provide services to third parties. Reverse engineering or reproduction of the application is prohibited. You also agree not to use the application in any way that could harm our reputation or relationship with our customers, partners, or vendors.
5. If the chosen subscription offers an unlimited number of users or product calculations, we reserve the right to enforce a Fair Use Policy. This means that we are entitled to monitor usage of the application and limit or suspend access to the application if we believe that you are making excessive use of the application. Excessive use includes but is not limited to, large amounts of data storage, extensive use of bandwidth, and frequent and sustained use of the application.
6. We have no obligation to retain any data or materials received or developed by us (such as eco forecasts), nor are we required to return such data or materials after termination of the subscription.
7. Unless specifically stated otherwise, the subscription won’t include (onboarding) support & maintenance.
8. Scenario products generated by the application are intended for creating "what if" scenarios and should not be used as supporting evidence. These products allow the user to adjust various variables to simulate different scenarios, but the results may not accurately reflect the environmental impacts of actual products or services. Therefore, the results of these scenarios should not be used as evidence to support environmental claims or product certifications.
1. We provide access to our application on a subscription basis. You can choose from several types of subscriptions, such as free plans and custom enterprise subscriptions. You understand and agree that these terms of service also apply to free plans. If you sign up for a free plan, your subscription will not automatically be converted into a paid subscription and you will not be charged, unless you purchase a subscription. Please be aware that you are only entitled to a trial period once, and that we can choose to limit certain features from the application during the trial period. After the trial period of a paid subscription expires, the monthly subscription fee will automatically go into effect, and you will be charged accordingly on a recurring basis until you cancel your subscription (unless stated otherwise).
2. If we choose to increase our price for a subscription, these changes will only apply on renewal of your subscription. Of course, we will notify you of a price increase before your subscription is renewed.
3. A subscription runs for a minimum period, as stated in the offer or on our website. Your subscription will automatically renew at the end of the period, according to the frequency of your subscription, unless you choose to cancel your subscription before the end of the then-current subscription period. So, for example, if you’ve paid for an annual subscription, your subscription will renew automatically on each anniversary of the date you signed up to our application, unless you make sure that you cancel your subscription on time.
4. You can cancel your subscription at the end of the current period.
Termination by us
1. We reserve the right to immediately terminate the agreement in whole or in part with immediate effect and without judicial intervention:
if you violate, or fail to fulfill your obligations under, these terms of service or the terms of the subscription or offer; or
if you are granted a suspension of payments, whether or not provisional; or
if your bankruptcy is applied for or pronounced; or
if you are wound up or terminated other than for the purpose of reconstruction or amalgamation of companies; or
if we reasonably suspect that you’ve been using our application for unlawful or unethical activities (greenwashing for example); or
if we reasonably suspect that you’ve been copying and/or distributing our data for purposes outside of the scope of this agreement.
2. We will never be obliged to pay any compensation in the event of such termination and there won’t be any reimbursement of fees already paid by you. Any claim we have against you will be due immediately upon termination.
Pricing and payment
1. We will make the application available to you upon receipt of the signed offer, or upon completion of online registration and payment.
2. You may subscribe to our service by paying the subscription fee directly through your online account using a credit card. By using this payment method, you accept and acknowledge that your payment information will be shared with Stripe for processing. Alternatively, upon request, we may provide an invoice for the subscription fee with a 30-day payment term after receipt of invoice. In such case, you will receive an electronic invoice; you agree to electronic invoicing.
3. Our prices do not include Value Added Tax (VAT).
4. Invoices must be paid without suspension, discount or set off.
5. If payment for a subscription is not made within the specified payment term, you will be considered in default without us having to give you notice of default. In the event of default, we reserve the right to suspend or terminate your subscription, as well as withhold any additional services until payment is received. We will also be entitled to charge the statutory commercial interest as from the first day after the expiration of the payment period. In addition, all costs incurred by us in obtaining payment in and out of court (all extrajudicial and judicial costs), such as costs for bailiffs, debt collection agencies, and so on, will be borne by you, with a minimum of EUR 150, -. Please note that we are under no obligation to prove that these costs have actually been incurred.
Responsibility for green claims
1. You understand and acknowledge that if you make a green claim (which is based on the outcome of the application), it must be truthful, reliable and in compliance with applicable law(s). For example, you should be transparent about what part of the green claim concerns your own operation, and what part relies on buying offsets. If you fail to do so, you are most likely guilty of greenwashing and at risk of (serious) fines and claims for damages.
2. You agree to use the application in compliance with all applicable laws and regulations, and to assume full responsibility for any actions or decisions made or based on the results of your calculations. In other words: you alone are responsible for the legality of your green claims.
3. We take greenwashing very seriously and do not condone any deceptive or misleading claims made by users through the use of our application. We reserve the right to investigate any suspected greenwashing and take appropriate action, including but not limited to immediately terminating your account.
No legal advice
1. As you can read above, only you are responsible for green claims you make. If you are in doubt about the legality of your green claim, you should seek your own independent legal advice on the interpretation and application of applicable (consumer protection) law(s). Any information or content provided by us should not be regarded as a substitute for professional legal advice.
Third party products and services
1. We have the right to use products and services of third parties for the application, such as hosting services and external databases.
2. You agree to and shall abide by the terms of such third parties and follow reasonable instructions from us to avoid violation of these terms. We will provide these terms to you upon your request. We can never guarantee that these third parties will continue to offer their products and services (at the same price), or that the conditions under which these third parties offer their products or services will remain the same.
1. Neither you nor we will be liable or responsible for any failure or delay in fulfilling or performing any terms of the agreement, if such failure or delay is caused by a force majeure event.
2. If you or we are prevented from performing any obligations under the agreement due to a force majeure event, you or we shall promptly notify the other of the event. The party affected by the force majeure event shall make reasonable efforts to reduce the consequences of the force majeure event and resume the performance of all relevant obligations as soon as possible after the termination of the force majeure event.
3. If a force majeure event continues for a period of 2 months or more, the other party will have the right to terminate the agreement (in whole or in part) by notice in writing at any time.
Intellectual property rights
1. We may use your (company) name and logo for promotional purposes.
2. All intellectual property rights in the application and in all other material and information made available by us are vested in us or our licensors. The application may contain (open source) software tools. These tools shall be subject to the relevant (open source) license terms.
3. We grant you a non-exclusive, non-transferable and non-sublicensable right to use the application for the purpose and duration of your agreement with us. This license does not include any access, escrow or other rights to the source code of the application and third-party products.
4. Please note that some of the content and data that you share or upload on the application (“customer content”), can be protected by intellectual property rights (copyright, trademark, etc.). You shall not share or upload any customer content that violates laws, official requirements or rights of third parties. You indemnify us against all claims of third parties connected to intellectual property rights on the customer data provided by you to us.
5. You hereby grant us, during the subscription term, a royalty-free, non-transferable, sub-licensable, non-exclusive, worldwide right to use and process customer content solely for the purpose of providing to you our application and any other activities expressly agreed to by you. You consent to data analysis of customer content in anonymous form for the purpose of improving the application, security and the user experience.
1. We take good care of the privacy of our users and comply with relevant laws such as the General Data Protection Regulation. See our privacy- and cookies statement for more information about the way we collect and process your personal data, and what your rights are in this regard.
"As is” and “as available”
1. We cannot guarantee that the application will operate error-free or that the application and its server are (always) free of malware. We provide our application to you “as is” and “as available”. This means, for example:
that we’re not liable for any damages resulting from our application not being available;
that we cannot guarantee that you will always be able to use our application (and your account) without any problems;
that we cannot guarantee that our application is free of viruses or other malware;
that we cannot promise that the application will meet your expectations;
that we always have the right to temporarily suspend access to our application and to modify or cancel (parts of) our application, at any time and without prior notice.
2. We’re always looking for new and better ways to improve our application. As such, our application (and the services we provide) may change from time to time, at our discretion. This also includes the methodology and data that we use. This could mean that we stop (temporarily or permanently) providing our online services or any features within the application to our users.
1. Legal and regulatory changes could adversely affect (your use of) the application and/or the quality of any outcome of the application. Regulation of green claims is relatively undeveloped and likely to rapidly evolve. Also, regulation of green claims varies significantly among jurisdictions and is subject to significant uncertainty. Various legislative and executive bodies may in the future adopt laws, regulations, guidelines or other actions, which may impact (your use of) the application. We cannot be held liable for this.
Limitation of liability
1. You should be aware of the fact that our liability is limited in the way it is stated in these terms of service.
2. To the maximum extent permitted by law and in so far as these terms of service do not provide otherwise, our liability as a result of an attributable shortcoming, an unlawful act or otherwise, is excluded at all times.
3. We (nor any employee, affiliate, licensor, officer, director, agent or supplier) will not be liable for any damages, direct or indirect, including but not limited to: reputational damage, loss of data, loss of profit, loss of income and claims of third parties (including imposed fines by law enforcement or public authorities) in connection with your use of the application.
4. Was the damage, however, caused because we intentionally caused it or because we were grossly negligent? Then we will be liable for the damage.
5. In any case, our liability is at all times limited to the amount paid by you for the subscription during the previous 12 months from the date of the incident giving rise to the liability, and shall never exceed EUR 10.000, -.
6. Any claim against us expires within 12 months after the agreement has come to an end.
7. You should be aware that all the data used by you in order to use the application, and the actions you take based on your use of the application, remain your responsibility. You agree to indemnify us if a claim is made against us in connection with the agreement. Or to put it in legalese: you agree to indemnify and hold us (and our respective contractors, employees, suppliers, agents, directors, officers and affiliated companies) harmless from any and all claims, damages, losses, demands, liabilities, costs and expenses, including attorneys’ fees due to or resulting from your use of the application, your conduct, your content or your breach of these terms of service.
1. We value the opinion of our customers. It is possible, for example, that for some reason you are not completely satisfied with our application. In such a case, you should submit your complaint without undue delay by sending an email to: [email protected].
2. We will respond to a question or complaint within 5 calendar days.
Applicable law and jurisdiction
1. These terms of service, any disputes arising from or in connection with them and all agreements between the parties, shall be governed by and construed in accordance with the laws of the Netherlands.
2. Any dispute arising out of or in connection with these terms of service and the agreement shall be resolved by the competent court in Noord-Holland, location Alkmaar, the Netherlands.
Effective from April 12th, 2023.