1. Definitions​​​

Platform: Refers to the Mitigate ESG Platform, accessible at https://esg-platform.mitigate.dev where users can manage sustainability and ESG data.

User: The registered individual representative of a legal entity that accesses and uses the Platform.

Services: Includes all services provided by Mitigate, including free features, paid premium services like those listed at https://www.esgplatform.eu/premium-features, and other added functionalities.

ESG Assistant: Integrated AI functionality available in the full package, offering chat and IRO assistance.

AI Assistance: An additional premium feature available for an extra fee.

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2. Account Creation and Maintenance

By creating an account and accepting these TOS, you confirm that you have the legal authority to bind the company you represent to these Terms. If you do not have such authority, you will be held personally liable for any damages caused to either party by unauthorized commitments.

The account creator is also responsible for managing user access within their organization. It is the responsibility of the client to deactivate or remove any redundant or inactive users from their company account.

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3. User Conduct

You are solely responsible for the data you input into the system and the reports generated from it. You agree to use the Platform in compliance with all applicable laws and regulations, including GDPR and any local ESG regulatory requirements. Inputting data with criminal content is strictly prohibited.

 

4. Restricted Jurisdictions and Persons

Use of the Mitigate ESG Platform is prohibited for:

High-Risk Jurisdictions: Engaging directly or indirectly with individuals or entities in prohibited regions, including Cuba, Iran, North Korea, Syria, Crimea, Donetsk, and Luhansk. Additionally, providing IT services and consultancy to Russia is prohibited.

High-Risk Persons: Engaging with individuals or entities listed on restricted or sanctioned lists maintained by the US, UK, EU, or UN. Mitigate reserves the right to suspend or delete user accounts without notice or refund if there is reasonable suspicion of violations related to sanctions, export control, or other restrictions outlined in this section.

 

5. Data Protection and Ownership

We are committed to protecting your data and privacy.

The following measures are in place:

Data Encryption: All data is encrypted during transmission and while stored.

Data Access: We do not have access to your inputted data unless you explicitly provide access.

Data Retention: Upon account termination, your data will be stored for 3 months unless you request immediate deletion.

Data Ownership: Users retain ownership of the data they upload or input to the Platform, while Mitigate retains ownership of all content, processes, and intellectual property associated with the Platform.

For full details on how your personal data is handled, stored, and protected in compliance with applicable laws and regulations, including GDPR, please refer to our Privacy Policy .

Report Generation Rights: Reports (any) may only be generated by the legal entity that has entered into a valid subscription agreement with Mitigate.
Each company that wishes to generate its own official reports must have a separate account and subscription.
Subsidiaries or external contributors may input or transfer data via the Platform to the account of the subscribed legal entity but are not permitted to generate or export reports independently.

 

6. AI Technology and Services

The Platform integrates AI technology to assist users. ESG Assistant is available as a chat option in the full package. The AI Data Assistant is a premium feature available for an additional cost.

You can opt-out of using AI assistance features at any time.

AI Technology Disclaimers:

• AI-generated recommendations are advisory and may not always be accurate or complete.

• Users are responsible for verifying AI outputs before making any decisions based on the recommendations.

• The AI functionality is designed to assist users but does not replace human decision-making. Users have the option to disable AI features.

Third-Party Providers: The AI technology integrated into the Platform is provided by third-party services, including but not limited to OpenAI. Users do not need to agree separately to the terms of service or privacy policies of these third-party providers. While the Platform manages the relationship with the third-party AI provider and ensures compliance with relevant legal and privacy requirements, users are responsible for understanding that third-party services are being used and for evaluating any potential risks or implications related to their specific use cases.

The Platform does not assume responsibility for any errors, omissions, or failures in the AI technology provided by these third parties, and users are encouraged to consider whether the AI features meet their needs and risk tolerance before relying on the outputs for decision-making.

 

7. Limitation of Liability

Our liability for damages arising from the use of our services is limited. You are responsible for safeguarding your authentication data and ensuring the accuracy of the data you input into the system.

 

8. Termination

User-Initiated Termination: You may terminate your account at any time through the account interface or by sending a request to legal@mitigate.dev.

Upon termination, your data will be stored for up to 3 months to allow for billing issues to be resolved (e.g., expired or invalid payment methods) and to provide users time to renew access if needed. After this period, your data will be deleted unless you request immediate deletion in accordance with your right to erasure under GDPR.

Data Retrieval: Before termination, you can export your Sustainability Reports and DMA reports in PDF, DOCX, and HTML formats for all years. There is no option to extract all data from the Platform.

 

9. Payments

You are offered a one-month free trial to explore the Platform’s features. No payment information is required during the trial period. At the end of the trial, if you choose to continue using the Platform, you will be prompted to provide payment details. Subscription fees will then apply based on the pricing plan you select, as listed at https://www.esgplatform.eu .

Fees for premium features are charged according to https://www.esgplatform.eu/premium-features and can be purchased directly through the Platform.

Payment Terms:

• Invoices are generated via Stripe and are considered valid without a physical signature, in accordance with Article 11 of the Republic of Latvia Accounting Law.

• Payments must be made according to the billing cycles defined in your selected subscription package. Failure to make timely payments may result in suspension or termination of your account.

• Subscription renewal is automatic unless canceled in writing at least two (2) days before the end of the current subscription period. Each renewal follows a 12-month billing cycle, with payment due on the first day of the new subscription period.

Refund Policy:

• All payments are non-refundable unless otherwise agreed in writing prior to the start of the subscription period.

• The subscription period is 12 consecutive months from the date of activation and is not tied to the calendar year.

• If the subscription is terminated before the end of the paid period, no refunds or partial credits will be issued.

• Subscription fees for the next period will be charged automatically without additional confirmation or prior notice, provided these TOS or a valid agreement remain in effect.

 

10. Amendments and Notifications

We may update these TOS from time to time. For any material changes, we will notify all users via email or through the Platform at least 30 days prior to the changes taking effect. Notifications are considered received on the next business day after being sent. Your continued use of the Platform after any changes constitutes your acceptance of the new TOS.

 

11. Liability Coverage

Users agree to hold Mitigate harmless from any liabilities, damages, or costs arising from their use of the Platform, particularly if they breach these TOS or applicable laws.

 

12. Force Majeure

Neither party shall be held liable for delays or failure to fulfill their obligations under these TOS due to circumstances beyond their control, such as natural disasters, pandemics, or other unforeseen events.

 

13. Dispute Resolution

Any dispute arising from these TOS that cannot be resolved amicably will be submitted to the Latvian Arbitration Court (Reg. No. 40003754139). The dispute will be settled by a single arbitrator in a written proceeding.

 

14. Disclaimer of Warranties

The Platform is provided "as is" without warranties of any kind. Technical support is available esg@mitigate.dev on business days during business hours (GMT+3).

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Approved on March 28, 2025.
The next review shall take place no later than March 28,2026.