Version dated January 30, 2024
Welcome to ESG Chain!
Use of our Services
ESG Chain’s services include multiple query and knowledge management services with respect to ESG, earth observation and other information in a company’s value chains. The Services use AI technology and contain information on the company itself, associated entities and members of the value chain. Furthermore, they contain data from ERP and other services sources. Further services from ESG Chain include applications for communication and control tools to enable measures in the value chain.
Conclusion of agreement
ESG Chain offers you different service packages for using the Services. The specific Services you use are set out in the agreement with ESG Chain or an ESG Chain sales partner. With your order you are making an offer to ESG Chain or the sales partner to conclude the agreement.
The agreed scope of Services includes access to the web platform and the license to use the agreed services in accordance with the provisions of the user agreement. Data accessed via interfaces (APIs) are only included in the respective Services package if explicitly stated in the service description.
Third-party services that we organize for you and/or at your request in individual cases are not part of the agreed scope of services and ESG Chain will act as an intermediary for you unless otherwise agreed.
The license can be limited in terms of time, quantity or functionality. Once the restriction occurs, the license will automatically expire without the need for further termination and we will terminate your access to the Services. As a rule, the license can be renewed by placing a new order with ESG Chain. In the case of subscription models, the subscription is renewed automatically unless one of the parties declares otherwise.
Billing depends on the respective agreement. You agree to receive invoices electronically on the web platform or by e-mail. E-mailed invoices are provided to you in PDF format. We will send the invoice directly to you as the partner of the agreement. If you make or have made an agreement with participating or other third parties to bill for the services provided or to be provided by ESG Chain, this will have no influence on the billing between you and ESG Chain. Likewise, we do not accept any charges from third parties to you or for you from third parties. The offsetting of outstanding payments against outstanding services to you, from the same or from a different service package, as well as against outstanding services to third parties is excluded.
License and access
The license includes search queries and the invitation of third parties to participate in the knowledge management process, but not the transfer of the license or the use of the license or access by third person.
The license does not include the right to download or copy account information. The use of data mining, robots or similar data capture or extraction programs is also prohibited. This applies to account information that concerns you as well as that of third parties. This does not affect your right to information in accordance with REGULATION (EU) 2016/679 (EU General Data Protection Regulation).
None of the Services may be reproduced, duplicated, copied, sold, resold or exploited for any commercial purpose contrary to our express written consent. The integration of the web platform or individual Services into another service requires the prior written consent of ESG Chain.
The right to use the Services granted by the license automatically terminates in the event of any misconduct on your part and ESG Chain expressly reserves the right to suspend or terminate your access to the Services for these reasons.
Trial license and promo code
ESG Chain occasionally grants limited trial licenses and participates in promotional programs. Trial licenses differ from purchased licenses, among other things, in that they are limited in time and do not cover the entire range of functions of the Services.
Promo programs are announced accompanied by a voucher. The Services specified in the voucher conditions can be accessed using a voucher. Access via vouchers includes a limited range of functions, is time-limited and contains other restrictions.
The user account gives you access to the dashboard. Services are activated via your user account. In order to use the Services, you must be logged in to your user account. Registering for the user account requires entering your name, email address and a password of your choice. You are obliged to use your name and email address truthfully. You may not use a false email address or impersonate any person or entity. If necessary, you may be asked to enter additional data.
You may not use your account (i) in a manner that is likely to interrupt, damage or otherwise impair any of the Services or access thereto, (ii) for fraudulent purposes or in connection with a criminal offense or unlawful activity or (iii) to cause annoyance or inconvenience.
You are solely responsible for all activities that occur through your user account. By creating a user account, you assume duties of care, such as, in particular, the obligation not to grant any other person access to your user account and to keep and store your access data, in particular the password, strictly confidential. Please note that your user account also provides access to the personal data of other persons participating in the specific knowledge management process. You are obliged to immediately take security measures, such as changing your password, if there are grounds for concern that another person has gained knowledge of your password or that the password is being used or is likely to be used without authorization. If confidentiality is still not ensured by these security measures, you must inform us immediately.
Participating Third Parties
With ESG Chain you have the opportunity to invite third parties into the digital knowledge management process. The Services include the technical ability for users to conduct communication and issue measures on the web platform.
ESG Chain does not act as a participating partner, agent or other intermediary in the relationship between you and the participating third party. This applies regardless of whether the participating third party is invited to the Service by you or another person.
ESG Chain communicates with you through system-generated emails and personal notifications. You also have the option to communicate with ESG Chain via email, text messages or web interface. You agree that this communication does not require written form, except where mandatory statutory formal requirements apply.
Furthermore, ESG Chain offers various types of electronic communication between the participants on the web platform. These are primarily communication options that are integrated into the web platform. The use of these communication options is largely unrestricted, but must concentrate on the content of the matter and must not be carried out in an abusive manner.
It is not permitted to communicate content that is or could be perceived as illegal, obscene, offensive, threatening, defamatory, invasive of privacy or infringing. The communication options may also not be used with the intention of harming third parties. Content from political campaigns, promotional speeches, chain letters, mass mailings or any form of “spam” may not be used.
We reserve the right to remove objectionable content or to request that you remove such content, but we assume no obligation to do so. We also reserve the right to suspend or permanently restrict your access in the event of recurring violations of these provisions.
The web platform makes use of Artificial Intelligence (AI)-Services. You may provide input to the Services (“Input”) and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.
When you use our Services you understand and agree:
- Output may not always be accurate. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
- You must evaluate Output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output from the Services.
- You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
- Our Services may provide incomplete, incorrect, or offensive Output that does not represent ESG Chain’s views. If Output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with ESG Chain.
Warranty and Disclaimer
The web platform is built according to the currently applicable standards. The data is stored in established data centers in Austria and Germany, which are operated by recognized service providers in accordance with the requirements of the EU General Data Protection Regulation.
We take the greatest care in operating and expanding the ESG Chain web platform. However, it cannot be ruled out that your access to the Services may occasionally be interrupted or disrupted for reasons beyond our control. We also regularly carry out repairs, maintenance and the introduction of new features. Functionality within the scope of standard market requirements is guaranteed.
However, we are not obliged to generally monitor the information you receive, store, transmit or make accessible or to investigate circumstances that indicate unlawful activity. Accordingly, we assume no liability for damages that arise from the incorrect, inappropriate or unsuitable use of the Services or from inputs to Services.
ESG Chain is not a legal advice company and does not provide legal advice services. The provision of content (responses, output and other information) is editorial and serves exclusively to make the Services usable. Accordingly, we cannot assume any liability for the correctness, legal certainty, validity and/or suitability, neither per se nor in the overall context. You or your advisor are required to review the automated output and we have given you or your advisor the option to override any automated output by manual entry.
In addition to the content provided by ESG Chain, you also have the option of having your own content automated via the system. We cannot accept any liability for the content you provide.
The Services also include tools, e.g. in reporting matters. These tools have a purely supporting function. It cannot be ruled out that exceptions or special provisions may apply that are not taken into account in the specific application. It is necessary that you or your advisor check created content.
Liability for lost profits, consequential damages or penalties to be paid is generally excluded. Furthermore, liability for negligence is limited to essential obligations, i.e. those obligations whose violation jeopardizes the achievement of the purpose of the agreement, the fulfillment of which enables the proper execution of the agreement in the first place and on whose compliance you regularly rely.
Graphics, logos, button icons, scripts and names used by ESG Chain may not be used in connection with any company, product or service that is not ESG Chain. Nor may they be used in a manner that causes attribution confusion among customers, or disparages or discredits ESG Chain. You may also not use any meta tags or any other “hidden text” utilizing ESG Chain’s name or trademarks. ESG Chain reserves the right to prohibit the permitted use of these trademark rights at any time by simply notifying us. The term “ESG Chain” is trademark protected.
Copyright and Database Rights
All content on the Services, such as text, graphics, logos, digital downloads and data compilations, is the property of ESG Chain or third party providers of content and is protected by copyright.
In particular, it is prohibited to systematically extract content, for example through the use of data mining, robots or similar data collection and extraction programs. Reproduction by creating your own database, publication or any other use beyond the purpose of the Service is also prohibited.
ESG Chain processes personal data in providing the Services. This includes, in particular, the personal data that is collected when you create your user account, when you invite participating third parties and when you store your documents via our Services.
Our Services are not intended for use by minors. Use by minors can only be carried out by a legal representative. If you are under 18, you may use the Services only with the involvement of a parent or guardian.
The services are designed for the application in international value chains. This means that ESG Chain is available in multiple languages, which are translated using natural language processing models.
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of law rules. The exclusive place of jurisdiction, to the extent permitted by law, is the competent court in Vienna (Austria).
If you have any questions regarding ESG Chain’s processing of your personal data, please send us an email to firstname.lastname@example.org.