General terms and conditions for the use of «enerjoy»

April 2022

1. Scope

1.1 These Gen­er­al Terms and Con­di­tions (“Terms”) apply to the use of ener­joy, a mobile app of IWB Indus­trielle Werke Basel (“IWB”), which sup­ports the user (“User”) in reduc­ing his or her per­son­al car­bon foot­print in a tar­get­ed man­ner through track­ing, data-based coach­ing, game-based chal­lenges and car­bon off­set­ting (“ener­joy” or the “App”).

1.2 By reg­is­ter­ing in ener­joy, the user agrees to the terms and con­di­tions of use.

2. Conditions of use 

2.1 Minimum age, place of residence, operating system

2.1.1 ener­joy is avail­able for pri­vate use by indi­vid­u­als who are at least 18 years old and reside in Switzer­land. Com­mer­cial use is not per­mit­ted.

2.1.2 The require­ment for use is an iOS or Android oper­at­ing sys­tem, in each case in the lat­est ver­sion. The func­tion­al­i­ty of ener­joy can­not be guar­an­teed for old­er ver­sions (fur­ther infor­ma­tion at https://www.enerjoy.ch/supportcenter/). A brows­er-based ver­sion is not avail­able.

2.2. Download, registration and user account

2.2.1 ener­joy is avail­able in the Apple and Google app stores (Apple App Store and Google Play Store) and can be down­loaded there by the user free of charge.

2.2.2 Reg­is­tra­tion in the app with a valid e‑mail address, pass­word, and user name is required for use. The user name, which is vis­i­ble to oth­er users as part of chal­lenges (sec­tion 3.1.1), can in prin­ci­ple be freely cho­sen. How­ev­er, in order to exclude com­mer­cial use, domain names and/or web address­es (URL), also in com­bi­na­tion with oth­er char­ac­ters, are not per­mit­ted as user names.

2.2.3 After reg­is­tra­tion and ver­i­fi­ca­tion of the e‑mail address pro­vid­ed, the user receives a user account with ener­joy, in which he can pro­vide and indi­vid­u­al­ly edit fur­ther infor­ma­tion about him­self (such as gen­der, per­son­al moti­va­tion, and goals) and about the areas of “nutri­tion”, “mobil­i­ty”, “ener­gy” and “con­sump­tion”. The infor­ma­tion pro­vid­ed is the basis for the func­tion­al­i­ties of ener­joy (sec­tion 3.1).

2.2.4 The user account may be tem­porar­i­ly or per­ma­nent­ly blocked by IWB in case of sus­pect­ed mis­use or a vio­la­tion of the terms of use (in par­tic­u­lar claus­es 2.1.1, 6.1, and 6.2); in such a case there is no claim for com­pen­sa­tion. The user himself/herself can delete his/her user account at any time with­out giv­ing rea­sons via the set­tings in the user account.

3. Functionalities and extend of use

3.1 Functionalities

3.1.1 ener­joy enables the col­lec­tion, record­ing and visu­al­i­sa­tion of data rel­e­vant to one’s own car­bon foot­print (‘track­ing’), data-based coach­ing through gen­er­al infor­ma­tion and indi­vid­ual tips and rec­om­men­da­tions for reduc­ing CO2 emis­sions via the app and by e‑mail (‘coach­ing’) and par­tic­i­pa­tion in activ­i­ties (in par­tic­u­lar chal­lenges) of the ener­joy com­mu­ni­ty as an incen­tive to achieve sus­tain­abil­i­ty goals (‘chal­lenges’).

3.1.2 ener­joy also enables you to off­set your own CO2 emis­sions (‘CO2 Off­set’). The CO2 com­pen­sa­tion takes the form of a finan­cial par­tic­i­pa­tion in the pur­chase of emis­sion reduc­tion cer­tifi­cates by IWB. IWB col­lects the pay­ments made by users for CO2 off­set­ting and invests them in total in the pur­chase of emis­sion reduc­tion cer­tifi­cates for select­ed cli­mate pro­tec­tion projects in the prod­uct cat­e­gories Nature, Tech­nol­o­gy and Social. The pur­chase is car­ried out at reg­u­lar inter­vals, at least once a quar­ter, by IWB in its own name.

3.1.3 The pro­vi­sion of the prod­ucts and/or ser­vices rec­om­mend­ed as part of the coach­ing (such as ener­gy-sav­ing show­ers, pub­lic trans­port tick­ets or cer­tain foods) is not cov­ered by the scope of func­tions. The user bears sole respon­si­bil­i­ty for the imple­men­ta­tion of the rec­om­mend­ed mea­sures and for any pur­chase of the prod­ucts rec­om­mend­ed by IWB. The user must also bear all costs asso­ci­at­ed with the pur­chase.

3.2 Scope of use and costs

3.2.1 Basic ver­sion

The basic ver­sion of ener­joy is free of charge for the user.

3.2.2 Pre­mi­um ver­sion

The extend­ed offer of the pre­mi­um ver­sion is charge­able and has to be acti­vat­ed by the user. The user can choose between dif­fer­ent sub­scrip­tions. The range of func­tion­al­i­ties, costs, and dura­tion of the sub­scrip­tions are based on the infor­ma­tion in the app.

The dura­tions stat­ed in the app are under­stood to be min­i­mum dura­tions, i.e. the sub­scrip­tion is renewed for the agreed dura­tion (“renew­al peri­od”) if it is not effec­tive­ly ter­mi­nat­ed by the User or IWB at the end of the agreed dura­tion or at the end of the cor­re­spond­ing renew­al peri­od.

The User shall ter­mi­nate the sub­scrip­tion with the oper­a­tor of the app store select­ed by the User (i.e. via iTunes if using the Apple app store and via the Google pro­file set­tings if using the Google Play store) in accor­dance with the terms and con­di­tions applic­a­ble there; ter­mi­na­tion by IWB by e‑mail to the User and with a notice peri­od of two weeks to the end of the agreed (min­i­mum) term or to the end of the cor­re­spond­ing renew­al peri­od.

3.2.3 CO2 Off­set

The CO2 com­pen­sa­tion is an addi­tion­al offer in the basic as well as in the pre­mi­um ver­sion of ener­joy. Dif­fer­ent sub­scrip­tions are avail­able to the user for the CO2 off­set. The con­tent, costs, and dura­tion of the sub­scrip­tions are based on the infor­ma­tion in the app.

The dura­tions stat­ed in the app are each under­stood as a min­i­mum term, i.e. the sub­scrip­tion will be renewed again for the agreed dura­tion (“renew­al peri­od”) in each case if it is not effec­tive­ly ter­mi­nat­ed by the user or IWB at the end of the agreed dura­tion or at the end of the cor­re­spond­ing renew­al peri­od.

Can­cel­la­tion of the CO2 Off­set sub­scrip­tion can be made by the User in the set­tings of the App no lat­er than 48 hours before the end of the (min­i­mum) dura­tion or the cor­re­spond­ing exten­sion peri­od; can­cel­la­tion of the sub­scrip­tion by IWB shall be made by e‑mail to the User and with a notice peri­od of two weeks to the end of the agreed dura­tion or to the end of the cor­re­spond­ing exten­sion peri­od.

3.3. Customization of the functionalities/the scope of use

3.3.1 IWB reserves the right to adjust the func­tion­al­i­ties and scope of use of ener­joy — both in the basic and pre­mi­um ver­sions. The right to make adjust­ments also applies to sub­scrip­tions as part of the CO2 off­set. IWB shall inform the user of the adjust­ments appro­pri­ate­ly in each case.

3.3.2 If the adjust­ments have a neg­a­tive impact on an exist­ing sub­scrip­tion, the User shall be enti­tled to ter­mi­nate the sub­scrip­tion affect­ed by the adjust­ment pre­ma­ture­ly with effect from the date on which the changes come into force and to delete his user account or to con­tin­ue with­out the cor­re­spond­ing sub­scrip­tion.

4. Prices and payment

4.1 The prices stat­ed in the app are net prices plus VAT.

4.2 Sub­scrip­tion prices shall be paid by the User in advance in each case, i.e. imme­di­ate­ly after pur­chase of the respec­tive sub­scrip­tion for the agreed dura­tion (min­i­mum dura­tion, clause 3.2.2 and clause 3.2.3) and then, in the event of a con­tract exten­sion (clause 3.2.2 and 3.2.3), at the begin­ning of the respec­tive exten­sion peri­od.

4.3 Pay­ment of the prices for the Pre­mi­um Sub­scrip­tion shall be made via the oper­a­tor of the app store select­ed by the User (i.e. via iTunes if using the Apple app store and via the Google pro­file set­tings if using the Google Play store) in accor­dance with the con­di­tions applic­a­ble there. If the pay­ment fails for rea­sons for which the User is respon­si­ble and IWB incurs costs vis-à-vis the App Store oper­a­tor as a result, the User shall reim­burse IWB for these costs.

4.4 Pay­ment for the CO2 Off­set sub­scrip­tion shall be made by cred­it card. If the cred­it card pay­ment fails for rea­sons for which the User is respon­si­ble and IWB incurs costs vis-à-vis the pay­ment ser­vice provider as a result, the User shall reim­burse IWB for these costs.

5. Newsletter

The user agrees to receive an e‑mail newslet­ter from IWB. The newslet­ter is sent out month­ly and informs the user about top­ics relat­ing to ener­joy.

The user can revoke his con­sent to receive the newslet­ter at any time and unsub­scribe via the link pro­vid­ed in the newslet­ter.

6. Duties of care and responsibility of the user

6.1 Der Nutzer verpflichtet sich zur sorgfälti­gen, rechts- und ver­tragskon­for­men Nutzung von ener­joy. Er verpflichtet sich ins­beson­dere:

• to refrain from com­mer­cial use (such as adver­tis­ing for com­mer­cial web­sites, own prod­ucts or ser­vices) (see sec­tion 2.1.1);
• to fol­low the instruc­tions pro­vid­ed by IWB when imple­ment­ing the mea­sures rec­om­mend­ed as part of the coach­ing (sec­tion 3.1.1) in order to avoid any risks of injury or health risks;
• to respect the rights of third par­ties (such as, in par­tic­u­lar, per­son­al rights and intel­lec­tu­al prop­er­ty rights) when pro­vid­ing their own con­tent.

6.2 The user bears sole respon­si­bil­i­ty for the con­tent pro­vid­ed by him. IWB does not under­take to check user-gen­er­at­ed con­tent in advance. The pro­vi­sion of con­tent of a porno­graph­ic, sex­u­al, vio­lent, racist, incit­ing, dis­crim­i­na­to­ry, insult­ing, or defam­a­to­ry nature is pro­hib­it­ed.

6.3 In the event of a breach of the oblig­a­tions under clause 6, the User shall indem­ni­fy IWB against all relat­ed claims of third par­ties and bear all costs asso­ci­at­ed with any legal action. IWB reserves the right to assert fur­ther claims.

7. Start, duration, and termination of use

7.1 Mem­ber­ship begins with the reg­is­tra­tion of the user and is valid for an indef­i­nite peri­od of time.

7.2 In the basic ver­sion of ener­joy (clause 3.2.1) the user can ter­mi­nate the mem­ber­ship by delet­ing his user account at any time with­out giv­ing rea­sons. A ter­mi­na­tion by IWB may be effect­ed by e‑mail with a notice peri­od of two weeks; IWB reserves the right to block the account (clause 2.2.4) and/or to ter­mi­nate the con­tract imme­di­ate­ly for good cause. Good cause shall be deemed to exist in par­tic­u­lar if the user breach­es his oblig­a­tions under clause 6.1 or 6.2.

7.3 In the pre­mi­um ver­sion of ener­joy (cipher 3.2.2) and/or dur­ing the term of a sub­scrip­tion for a CO2-off­set (cipher 3.2.3) the user can ter­mi­nate the user rela­tion­ship by can­cel­ing his sub­scrip­tions (accord­ing to cipher 3.2.2 as well as 3.2.3) and delet­ing his user account at the end of the term of his sub­scrip­tions with­out giv­ing rea­sons. With­out dele­tion of the user account, the user rela­tion­ship in the basic ver­sion remains in force. Ter­mi­na­tion of the user rela­tion­ship in the pre­mi­um ver­sion by IWB may be effect­ed by notice of ter­mi­na­tion in accor­dance with Sec­tions 3.2.2 and 3.2.3. The right of imme­di­ate ter­mi­na­tion for good cause is reserved for both the User and IWB. For IWB, good cause shall be deemed to exist in par­tic­u­lar if the User breach­es its oblig­a­tions under Claus­es 6.1 or 6.2.

7.4 If the user ter­mi­nates the mem­ber­ship for good cause in accor­dance with sec­tion 3.3.2 (due to an adjust­ment to the functionalities/scope of use of ener­joy which is dis­ad­van­ta­geous to him) or in accor­dance with sec­tion 10.2 (due to an adjust­ment to the terms of use which is dis­ad­van­ta­geous to him), he shall be enti­tled to claim back from IWB the fees already paid in advance for the pre­mi­um ver­sion of ener­joy or the CO2 off­set. In all oth­er cas­es of pre­ma­ture ter­mi­na­tion of the usage rela­tion­ship, claims by the user for repay­ment of sub­scrip­tion fees already paid are exclud­ed.

8. Liability of IWB

8.1 IWB is com­mit­ted to ensur­ing the high­est pos­si­ble avail­abil­i­ty of ener­joy with­out inter­rup­tions. How­ev­er, it does not guar­an­tee that the func­tion­al­i­ties of ener­joy can be used free of inter­rup­tions or mal­func­tions.

8.2 IWB shall only be liable for breach­es of duty aris­ing from the user rela­tion­ship in the case of intent or gross neg­li­gence. Lia­bil­i­ty for slight­ly neg­li­gent breach­es of duty is exclud­ed. In par­tic­u­lar, lia­bil­i­ty for loss of prof­it, indi­rect dam­age, and con­se­quen­tial dam­age is exclud­ed.

9. Data privacy

9.1 The per­son­al data pro­vid­ed by the user in the app will be processed by IWB exclu­sive­ly for the pur­pose of pro­vid­ing the func­tion­al­i­ties of ener­joy (sec­tion 3.1). IWB’s data pro­tec­tion pol­i­cy applies to the pro­cess­ing of data.

9.2 The user may adjust and delete his per­son­al data in the user account at any time. In the event of a dele­tion of the user account by the user or a final block­ing of the user account by IWB, the per­son­al data will be delet­ed after 30 cal­en­dar days at the lat­est, unless they are required as evi­dence for the asser­tion of claims in con­nec­tion with the use of ener­joy beyond this peri­od.

10. Changes to the terms of use

10.1 IWB reserves the right to amend the Terms of Use. IWB shall inform the user in advance of any adjust­ments in a suit­able man­ner. If the user con­tin­ues to use ener­joy after being informed of the amend­ment to the terms of use, the user declares that he agrees to the amend­ed terms of use.

10.2 In the case of a change to the terms of use which is detri­men­tal to the user with regard to the pre­mi­um ver­sion of ener­joy, the user shall be enti­tled to ter­mi­nate his sub­scrip­tion pre­ma­ture­ly for good cause on the date on which the changes come into force and either delete his user account or con­tin­ue to use the basic ver­sion.

11. Final provisions

11.1 Should indi­vid­ual pro­vi­sions of the Terms of Use be or become invalid in whole or in part, this shall not affect the valid­i­ty of the remain­ing pro­vi­sions. An invalid pro­vi­sion shall be replaced by a pro­vi­sion that comes as close as pos­si­ble to the orig­i­nal pro­vi­sion.

11.2 Swiss law shall apply to the exclu­sion of the UN Con­ven­tion on Con­tracts for the Inter­na­tion­al Sale of Goods. The exclu­sive place of juris­dic­tion is Basel.