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.

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. All traffic to and from the Platform is encrypted in transit and at rest.
b. Access. Mitigate will not access your data unless you explicitly grant access.
c. Retention. Upon termination your data will be retained for up to three (3) months, unless you request immediate deletion.
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.
For further information please refer to our Privacy Policy.

6. AI Technology

The Platform incorporates artificial‑intelligence functionality supplied by third‑party providers such as 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.

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. Data will be retained for up to three (3) months after termination for billing purposes and to allow reactivation, unless you request earlier deletion. Data deletion occurs at the end of the calendar quarter in which the retention period elapses, unless otherwise agreed.

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. Annual subscription fees are:
• Stand‑alone GHG Accounting Platform: €2 500 per organisation per year;
• GHG Accounting purchased together with the Mitigate ESG Platform: €1 500 per organisation per year.
Current premium‑feature pricing is available at https://www.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.

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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.

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14. 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: 2 June 2025
Next review: on or before 2 June 2026