This document contains the general terms and conditions for the use of the application Airtree that allows the design of urban green and estimation of air pollutants removed by vegetation.
1 Definitions
To allow a complete understanding and acceptance of these terms and conditions, the following terms, in the singular and in the plural, shall have the meaning indicated below:
- Owner: Council for Agricultural Research and Economics (CREA), Tax ID Code 97231970589, VAT number 08183101008, certified e-mail address (PEC) crea@pec.crea.gov.it
- Application: the application Airtree
- User: any person who accesses and uses the Application
- Content: any textual or multimedia element in the Application, by way of example text, images, etc.
- Conditions: this contract which governs the relationship between the Owner and the Users.
2 Detailed information on the Application’s offer
The Application allows you to survey and plan urban green within the Italian territory, with the possibility of geographically representing trees, rows and groves, and recording the species and various biometric characteristics, eg: trunk diameter, tree height. This information can be transmitted to the CNR servers to estimate the quantities of carbon dioxide and air pollutants (e.g. particulate matter and ground-level ozone) removed by the trees. The estimates are carried out with the Airtree model, developed in collaboration between CREA and the National Research Council (CNR), which systematizes structural information of the trees (e.g. height of the tree, width of the crown), eco-physiological information (e.g. the speed of the chemical reactions involved in photosynthesis) and time series of climate data and air pollutants. With this information, Airtree estimates the amount of light that is captured by the tree's canopy, simulates the opening of the stomata on the leaves (the pores through which trees breathe) and then calculates the amount of carbon and pollutants removed from the atmosphere.
3 Scope of the Conditions
The use of the Application implies full acceptance of the Conditions by the User. Should the User not accept the Conditions and/or any other note, legal notice, information published, the User shall not use the Application or the services related.
The Owner may amend the Conditions at any time. The changes shall be effective from the time they are published in the Application.
Before using the Application, the User is required to read the Conditions carefully. The Conditions are in any case always available on the Application for future consultation.
The Owner reserves the right to change, at his own discretion and at any time, the graphic interface of the Application, the Contents and their organisation, as well as any other feature that characterises the functionality and management of the Application.
4 Content inserted by the Users
The data collected by the Users with the Application are categorical and biometric data of the vegetation, e.g.: species, position, height of the trees. Other contents inserted by users are necessary to frame the territory on which the vegetation exists, e.g.: position of the area of interest, type of soil.
5 Content sent by the Users
The contents inserted by Users can be transmitted following a specific operation to the Airtree servers managed by the CNR to obtain an estimate of the air pollutants removed by trees and shrubs. The servers are located in the territory of the European Economic Area (EEA).
All data sent and related estimates are automatically deleted from the servers in cases where the user has marked the project as private. In this case the only copy of the data and estimates provided will be kept on the User's device.
In cases where users have not marked the project as private, Users grant the Owner, on the data collected, a non-exclusive right of use on the Contents sent, without limitations of geographical areas. The Owner may therefore, directly or through third parties, use, modify, copy, transmit, extract, publish, distribute, publicly perform, disseminate, create derivative works, host, index, store, annotate, encode, modify and adapt (including without limitation the right to adapt for transmission by any means of communication) in any form, any Content submitted by the User.
The Owner is not able to ensure timely control over the Contents received and reserves the right at any time to delete, move or modify those which, in its discretion, appear unacceptable.
The Application allows the user to share with himself or third parties: 1) the data collected and estimates received with the Application; 2) the entire Application database. This last functionality is necessary to allow the interested party to transfer Application data to other devices. The Owner does not exercise any control over these sharing methods.
6 Creative Commons License
The Contents and/or materials available on the Application are made available on the basis of the terms of this license“Creative Commons Public Licence CC BY-NC 4.0”, available at the address https://creativecommons.org/licenses/by-nc/4.0/legalcode , with the exception of Microsoft Bing images whose terms of use are explained at the link: https://www.microsoft.com/en-us/maps/bing-maps/product.
7 Exclusion of warranty
The Application is provided "as is" and "as available" and the Owner does not provide any explicit or implicit guarantee in relation to the Application, nor does it provide any guarantee that the Application will satisfy the needs of the Users or that it will not have never interrupt or be error-free or free of viruses or bugs.
The Owner cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs or for reasons wholly unrelated to the owner's will or due to force majeure events.
8 Limitation of liability
The Owner cannot be held responsible towards the User for:
- application disruptions, malfunctions and data loss;
- costs connected to the use of the internet;
- damages, losses and costs suffered by the User following the failure of the Application to function;
- incorrect or unsuitable use of the Application by Users or third parties.
9 Force majeure
The Owner shall not be held responsible for the failure or late fulfilment of its obligations, due to circumstances beyond its reasonable control due to events of force majeure or, in any case, to unforeseen and unforeseeable events and, in any case, independent of its will.
The fulfilment of the obligations by the Owner shall be considered suspended for the period in which events of force majeure occur.
10 Links to third-party web sites
The Application may contain links to third-party web sites / applications. The Owner has no control over them and, therefore, is in no way responsible for the contents of these sites / applications.
Some of these links may link to third-party sites / applications that provide services through the Application. In these cases, the general conditions for the use of the site / application and for the use of the service prepared by the third parties will be applied to the individual services, with respect to which the Owner assumes no responsibility.
11 Privacy
The protection and processing of personal data will be in accordance with the Privacy Policy which can be consulted on the document online at this address:
https://www.crea.gov.it/documents/64333/0/airtree_privacy_eng.pdf
12 Applicable law and jurisdiction
The Conditions are subject to Italian law.
For Consumer Users, any dispute concerning the application, execution and interpretation of these Conditions shall be referred to court of Rome.
Date 04/02/2024