Mitigate GHG Accounting Platform
Terms of Service
For Customers and Business partners
Welcome to the Mitigate GHG Accounting Platform (the “Platform”). The Platform is provided by SIA Mitigate, registration No. 50103381201, registered address Gustava Zemgala gatve 74A, Riga, LV-1039, Latvia (“Mitigate”). The following Terms of Service (the “TOS”) govern the use of the Platform and its services. By accessing or using the Platform, you agree to be bound by these TOS and our Privacy Policy. You are not permitted to use the Platform if you do not agree to these TOS or our Privacy Policy.
1. Definitions
“Platform” means the Mitigate GHG Accounting Platform located at https://emissions.mitigate.dev , where users can manage greenhouse‑gas accounting. “User” means any natural person who accesses the Platform on behalf of a customer or other legal entity that has registered an account. “Services” means all functionality provided through the Platform, including free features, paid premium services, and any future additions. “Privacy Policy” means the Mitigate privacy policy available at esgplatform.eu/privacy-policy, which covers both the ESG Platform and the GHG Accounting Platform. Cookies used by the Platform are described in our Cookie Policy.
2. Account Creation and Maintenance
By creating, accessing, or attempting to use an account you (a) represent that you are an authorised representative of the legal entity on whose behalf you are acting and (b) agree to these TOS on that entity’s behalf. If you lack such authority you accept personal liability for all commitments you make on the Platform. The customer is responsible for (i) controlling access to its account, (ii) promptly removing former employees, contractors, or other inactive users, and (iii) ensuring that only duly authorised persons can generate official reports. An account may be created only by an authorised owner or administrator of the customer’s Mitigate products.
3. User Conduct
You are solely responsible for all data you enter and for any reports generated from that data. You must comply with all applicable laws and regulations, including the EU General Data Protection Regulation (GDPR) and any local ESG‑reporting requirements. Content that is illegal, defamatory, or otherwise unlawful must not be uploaded.
4. Restricted Jurisdictions and Persons
You may not use the Platform if you or the entity you represent is (a) located in Cuba, Iran, North Korea, Syria, Crimea, Donetsk, or Luhansk, (b) subject to sanctions or export‑control restrictions imposed by the United States, United Kingdom, European Union, or United Nations, or (c) providing IT services or consultancy to the Russian Federation. Mitigate may suspend or delete accounts without notice or refund where it reasonably suspects a breach of this section.
5. Data Protection and Ownership
a. Encryption. Traffic to and from the Platform is encrypted in transit using TLS. Data stored by the Platform is encrypted at rest by our infrastructure providers. b. Access. Mitigate will not access your data unless you explicitly grant access. c. Retention. Your data is retained and deleted on the schedule set out in Section 8. d. Ownership. You retain ownership of all data you upload. Mitigate retains ownership of the Platform, its code, processes, and other intellectual property. e. Report Generation. Only the subscribing legal entity may generate or export official reports. Subsidiaries or external contributors may input data to the subscriber’s account but may not generate reports independently. f. Sub-processors and data providers. The Platform relies on third-party services: OpenAI for AI features, Climatiq for emission factor data, Heroku and Amazon Web Services for hosting and file storage, and Sentry for error monitoring. Activity data you enter (for example fuel, electricity, travel and spend records) is sent to Climatiq to calculate emission factors. We will update this section before adding a new sub-processor. For further information please refer to our Privacy Policy.
6. AI Technology
The Platform incorporates artificial‑intelligence functionality supplied by OpenAI. a. Advisory only. AI outputs are suggestions and may be incomplete or inaccurate. Verify all outputs before relying on them. b. Optional. You may disable AI features at any time via your account settings. c. Third‑party services. Mitigate manages all contractual relationships with AI providers and ensures compliance with applicable law. Mitigate is not liable for errors or omissions in third‑party AI services. d. Content and retention. AI features send the content you submit to OpenAI through its commercial API. Under those commercial API terms your content is not used to train OpenAI’s models. Abuse‑monitoring logs may contain prompts and responses and are normally retained for up to 30 days; longer retention can apply where required by law or in case of suspected abuse. If we add another AI provider, we will update these TOS and the list of sub‑processors before the change takes effect. e. Marking of AI output. Content generated or substantially modified by AI functionality is marked as such within the Platform and in exported documents.
7. Limitation of Liability
To the maximum extent permitted by law Mitigate’s aggregate liability arising out of or relating to the Services shall not exceed the fees you paid for the twelve (12) months immediately preceding the event giving rise to the claim. You are responsible for safeguarding credentials and ensuring the accuracy of data you submit.
8. Termination
You may terminate your subscription at any time by emailing legal@mitigate.dev. Your data is retained for three (3) months after the end of the subscription or demo period, for billing purposes and to allow reactivation. Once those three (3) months have passed, the data is erased in the next quarterly deletion run. You may request earlier deletion at any time, and a longer retention period may be agreed in writing.
9. Fees and Payment
a. Free trial. Each new customer receives a one‑week free trial; no payment details are required during the trial. b. Subscription fees. Subscription fees are set out in your order or agreement with Mitigate. Pricing for premium features is available at esgplatform.eu/premium-features. c. Billing. Invoices are issued via Stripe and are valid without a physical signature in accordance with Article 11 of the Accounting Law of the Republic of Latvia. Fees are billed annually in advance and renew automatically every 12 months unless you cancel in writing at least two (2) days before renewal. d. Non‑payment. Failure to pay may lead to suspension or termination of the Services. e. Refunds. All payments are non‑refundable unless otherwise agreed in writing.
10. Amendments
Mitigate may amend these TOS. Material changes will be communicated via email or through the Platform at least 30 days before they take effect. Continued use after that date constitutes acceptance.
11. Indemnification
You agree to indemnify and hold Mitigate harmless from any claim, damage, or cost (including legal fees) arising out of your breach of these TOS or applicable law.
12. Force Majeure
Neither party is liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, or governmental action.
13. Dispute Resolution and Governing Law
Any dispute that cannot be resolved amicably shall be submitted to the Latvian Arbitration Court(Reg. No. 40003754139) for final settlement by a single arbitrator in a written proceeding. These TOS are governed by the laws of the Republic of Latvia, excluding its conflict‑of‑law rules.
14. Relationship with Individual Agreements
Where Mitigate and the customer have concluded a separate written agreement covering the Platform, that agreement prevails over these TOS to the extent of any conflict. In all other respects these TOS apply.
15. Disclaimer of Warranties
The Platform is provided “as is” and “as available” without warranties of any kind, whether express or implied. Technical support is available at esg@mitigate.dev on business days between 09:00 and 17:00 (GMT+3).
Approved: 26 October 2026 Next review: on or before 26 October 2027