Terms and Conditions

PRICING MODEL

For the first three (3) years of the project, ending in December 2026, all platform services will be offered free of charge, with no Subscription Plan required. After this period, we will introduce a range of Subscription Plans, each with unique features tailored to your needs. Detailed information on pricing, features, and any limitations for each Plan will be available on our Pricing Page. By subscribing to a Plan, you will agree to the associated fees. Additionally, all users registered on the platform before December 2026, will receive a 50% discount on subscription fees for the period of one year, starting in January 2027.

PAYMENT TERMS

Once the platform starts implementing its Subscription Plan, the Subscription Fees will be billed either on a monthly or an annual basis, starting on the day you activate your subscription and will recur on the same date each month/year, until you cancel the subscription. Payments can be made via credit card, bank transfer, or other method. You must provide accurate payment information and authorize us to charge the payment method for the recurring fees. Invoices for the Subscription Fees will be generated and sent to your registered email address. Payment must be made by the due date indicated on the invoice.

REVENUE SHARING

We may offer a free trial period for new users. The duration of the free trial is at our discretion and will be communicated clearly on the platform. Upon the expiration of the free trial, you will be automatically charged for the chosen subscription plan unless you cancel before the trial ends. From time to time, we may offer discounts or promotional pricing. These offers will be time-limited and subject to specific terms and conditions, which will be provided at the time of the offer.

COST STRUCTURE

We reserve the right to modify our pricing at any time. Any changes to Subscription Fees will be communicated to you at least 3 months in advance. If you do not agree with the new pricing, you may cancel your subscription before the new pricing takes effect. Continuing to use the platform after the price change will constitute your acceptance of the new pricing. Certain additional features or services may be available for an extra fee, which will be clearly indicated on the platform. By opting for these features or services, you agree to pay the associated fees. All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You will be responsible for paying any such taxes associated with your use of the platform.

SERVICE LEVELS

Service Availability: We commit to providing a service uptime of 99.9% per calendar month, excluding scheduled maintenance, force majeure events, or other circumstances beyond our reasonable control. Response Times: We guarantee the following response times based on the severity of the issue: - Critical Issues (e.g., platform is completely down): Response within 1 hour, resolution or workaround within 4 hours. - High Severity (e.g., major functionality impaired): Response within 4 hours, resolution within 24 hours. - Medium Severity (e.g., minor functionality issues): Response within 1 business day, resolution within 3 business days. - Low Severity (e.g., general inquiries or minor issues): Response within 2 business days, resolution within 5 business days.

DELIVERY TERMS

Delivery Timelines: We will deliver services and/or products according to the timelines agreed upon in the specific order or contract. Delivery timelines are subject to mutual agreement and may vary based on the scope and complexity of the project. Late Delivery: If we fail to meet the agreed-upon delivery timeline due to reasons within our control, you may be entitled to a service credit as outlined in the specific order or contract. The service credit will be your sole and exclusive remedy for such delay. Transfer of Risk: Risk of loss or damage to the delivered products will pass to you upon delivery. If delivery is delayed due to your failure to accept the delivery, risk shall transfer to you on the date delivery was first attempted.

QUALITY ASSURANCE

Quality Standards: All services and products provided through our platform are subject to strict quality control measures to ensure they meet the agreed-upon specifications and industry standards. Inspection and Acceptance: You have the right to inspect the delivered services and products within [10] business days of delivery. If the services or products do not meet the agreed-upon specifications, you must notify us in writing within this period. We will then take corrective actions, which may include repair, replacement, or re-performance of the services at no additional cost. Non-Conformance: In the event that delivered products or services do not conform to the agreed specifications and cannot be corrected, you may be entitled to a refund or service credit, as detailed in the specific order or contract.

SUPPORT AND MAINTENANCE

Support Services: We offer support services as part of your subscription, including troubleshooting, issue resolution, and general assistance. Support is available during business hours via email. Maintenance: We will perform regular maintenance and updates to the platform to ensure optimal performance and security. Maintenance activities may include updates, patches, and upgrades to the software. Scheduled maintenance will be announced at least 48 hours in advance and will be conducted during off-peak hours to minimize disruption. Emergency Maintenance: In rare cases, we may need to perform emergency maintenance to address critical issues that could impact service availability. We will notify you as soon as possible in such cases. End-of-Life Policy: We may discontinue certain features or services (End-of-Life) to focus resources on newer technologies. We will notify you at least [6 months] in advance of any End-of-Life event and provide guidance on migration or alternative solutions. Service Updates: We continuously improve our platform and may release new features, enhancements, or bug fixes as part of our maintenance services. While we strive to maintain backward compatibility, some updates may require you to update your systems or processes. We will provide documentation and support to facilitate these transitions.

COMPLIANCE AND REGULATIONS

Compliance with Laws: You agree to comply with all applicable local, national, and international laws, regulations, and ordinances in connection with your use of our platform and services. This includes, but is not limited to, data protection laws, export control regulations, and anti-corruption laws. Regulatory Changes: In the event of changes to applicable laws or regulations that impact the operation of our platform or the services provided, we reserve the right to make necessary adjustments to ensure compliance. We will notify you of any significant changes that affect your use of the platform or the terms of your agreement with us. User Obligations: You are responsible for ensuring that your use of our platform and services does not violate any laws or regulations applicable to your business or jurisdiction. You must obtain all necessary licenses, permits, and approvals required for your activities on the platform.

LIABILITY AND INDEMNITY

Limitation of Liability: To the maximum extent permitted by law, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions or your use of the platform, shall be limited to the total fees paid by you to us in the 12 months preceding the event giving rise to the liability.

Exclusion of Liability: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, business opportunities, goodwill, or data, even if we have been advised of the possibility of such damages. This exclusion applies regardless of the form of action, whether in contract, tort, or otherwise.

Indemnity: You agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with: Your use of the platform or services. Your breach of these T&Cs. Any violation of applicable laws or regulations by you. Any claim that your content or use of the platform infringes or violates the intellectual property rights, privacy rights, or other rights of a third party.

INTELLECTUAL PROPERTY RIGHTS

Ownership of Intellectual Property: All intellectual property rights in and to the platform, including but not limited to software, code, algorithms, databases, design, text, graphics, logos, trademarks, and service marks, are owned by GreenTwin GmbH. You are granted a limited, non-exclusive, non-transferable license to use the platform solely for the purpose of accessing and using the services as intended under these T&Cs.

User Content: You retain ownership of all content, data, and information you upload or input into the platform (User Content). By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, and display such content as necessary to provide the services, subject to our Privacy Policy.

Restrictions: You shall not, and shall not permit any third party to: Copy, modify, or create derivative works of the platform or any part thereof. Reverse engineer, decompile, or disassemble the platform. Use any intellectual property rights associated with the platform in any manner not expressly permitted by these T&Cs.

Infringement Claims: If you believe that your intellectual property rights have been infringed upon by another user or by our platform, you must notify us in writing with sufficient detail to allow us to investigate and respond appropriately. We reserve the right to remove or disable access to any content that is alleged to infringe upon the intellectual property rights of others.

TERMINATION CLAUSES

Termination by You: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing cycle, and you will not be charged for the subsequent cycle. Access to premium features will continue until the end of the paid period. Access to premium features will continue until the end of the paid period.

Refunds: We do not offer refunds for any fees paid, except as required by law or explicitly stated in our refund policy. In the event of a dispute over billing, you must notify us within 15 days of the charge to be eligible for consideration of a refund.

EXCLUSIVITY

Exclusive Use of Platform: Unless otherwise agreed in writing, by entering into this agreement, you acknowledge that your use of our platform is non-exclusive. You may use other platforms or services to conduct similar business activities, and we may provide services to other customers, including those that may compete with your business.

Exclusive Partnerships: If the parties enter into a specific agreement that includes exclusivity clauses, such exclusivity will be clearly defined, including the scope, duration, and any geographical or market limitations. Exclusive partnerships or agreements must be negotiated separately and documented in an addendum to these T&Cs.

Termination of Exclusivity: Exclusivity arrangements may be terminated by mutual agreement or as outlined in the specific addendum governing the exclusivity. Upon termination, both parties will be free to engage with third parties as they see fit.

DATA SHARING AND PRIVACY

Data Ownership: You retain ownership of all data and content you submit to the platform. We do not claim ownership over your data; however, you grant us a license to use, store, and process your data as necessary to provide the services.

Data Sharing: We will not share your data with third parties without your explicit consent, except as required to provide the services, comply with legal obligations, or enforce our agreements. Any third parties that process your data on our behalf will be subject to data protection obligations consistent with this agreement.

Privacy Policy: Our handling of your data is governed by our Privacy Policy, which is incorporated into these T&Cs by reference. The Privacy Policy outlines our practices regarding the collection, use, and protection of your data.

Data Security: We implement industry-standard security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. While we take reasonable steps to safeguard your data, you acknowledge that no system is completely secure, and we cannot guarantee absolute security.

MARKETING AND PROMOTION

Use of Your Brand: By using our platform, you grant us the right to use your company name, logo, and other trademarks in our marketing and promotional materials, including on our website, in case studies, and in presentations, unless you explicitly opt out by notifying us in writing. We will not use your brand in a way that implies endorsement or affiliation without your consent. Joint Marketing Activities: We may invite you to participate in joint marketing activities, such as webinars, events, or co-branded content. Participation in such activities is voluntary and subject to mutual agreement. Any marketing content created jointly will be subject to review and approval by both parties before publication.

Promotional Offers: We may offer promotional pricing, discounts, or trials as part of our marketing efforts. These offers are subject to specific terms and conditions, which will be communicated at the time of the offer. Promotional offers do not alter the standard pricing or terms unless explicitly stated.

Feedback and Testimonials: You agree that any feedback, testimonials, or reviews you provide may be used by us for marketing and promotional purposes. You represent and warrant that any such feedback is truthful and does not violate the rights of any third party.

CONFIDENTIALITY

Confidential Information refers to any non-public, proprietary information disclosed by either party to the other, whether in written, oral, or other form, including but not limited to business plans, customer lists, financial information, trade secrets, and technical data.

Obligations of Confidentiality: Both parties agree to maintain the confidentiality of the other partys Confidential Information and to use such information only for the purposes of fulfilling their obligations under these Terms and Conditions. Confidential Information must not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.

Exclusions from Confidentiality: Confidential Information does not include information that:

The following information is not considered Confidential Information:

• Was publicly known and made generally available prior to the time of disclosure by the disclosing party.
• Becomes publicly known and made generally available after disclosure by the disclosing party through no action or inaction of the receiving party.
• Is in the possession of the receiving party, without confidentiality obligations, at the time of disclosure.
• Is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

Duration of Confidentiality Obligations: The obligations of confidentiality will remain in effect for a period of 5 years following the termination or expiration of this agreement, or until such time as the Confidential Information no longer qualifies as confidential under the exclusions listed above, whichever occurs first.

Return or Destruction of Confidential Information: Upon termination of the agreement, or upon request by the disclosing party, the receiving party shall promptly return or destroy all copies of the Confidential Information in its possession, except for copies retained in accordance with mandatory legal requirements.

DISPUTE RESOLUTION

Good Faith Negotiations: In the event of any dispute, controversy, or claim arising out of or relating to these T&Cs or the use of the platform a Dispute, the parties agree to first attempt to resolve the Dispute through good faith negotiations. Each party shall appoint a representative who will meet (virtually or in person) within 10 business days of a written request by either party to resolve the Dispute.

Mediation: If the Dispute cannot be resolved through negotiations within 30 days, the parties agree to attempt to resolve it through mediation administered by a mutually agreed-upon mediator. The mediation costs will be shared equally between the parties.

Arbitration: If the Dispute is not resolved through mediation within 60 days, it shall be finally resolved by binding arbitration in accordance with the rules of the Austrian arbitration body. The arbitration shall take place in Austria, and the decision of the arbitrator(s) shall be final and binding on both parties. The prevailing party shall be entitled to recover reasonable attorney's fees and costs.

Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of laws principles. Any legal action arising out of or related to these T&Cs that is not subject to arbitration shall be brought exclusively in the courts of Austria.

PERFORMANCE METRICS & REPORTING

Service Performance Metrics: We commit to providing services in accordance with agreed performance metrics, including but not limited to uptime, response times, transaction processing times, and data accuracy. Specific metrics and targets will be outlined in a Service Level Agreement (SLA) or as specified in the contract.

Regular Reporting: We will provide you with regular performance reports detailing key metrics related to the platform's performance, including uptime, incident reports, usage statistics, and any deviations from agreed-upon performance levels. Reports will be delivered quarterly and made available through the platform's reporting dashboard or sent via email.

Performance Reviews: Both parties agree to conduct periodic performance reviews to assess the quality and effectiveness of the services provided. These reviews will occur annually and will include discussions on performance metrics, any issues or incidents, and potential improvements or adjustments.

Remediation: If performance falls below the agreed-upon metrics, we will take corrective actions to remedy the situation as quickly as possible. In some cases, you may be entitled to service credits or other compensation as outlined in the SLA or specific contract.

RESILIENCE, SCALABILITY, FLEXIBILITY AND BUSINESS CONTINUITY

Platform Resilience: Our platform is designed with resilience in mind, including redundancy, failover mechanisms, and disaster recovery protocols to ensure continuity of service. We maintain backup systems and regularly test our disaster recovery processes to minimize disruption in the event of system failures or external threats.

Scalability: The platform is built to scale with your business needs. Whether you require additional resources, increased user capacity, or enhanced performance, we offer scalable solutions that can be adjusted based on your usage patterns and growth projections. Scalability options may include adjusting server capacity, optimizing database performance, and increasing bandwidth.

Flexibility: We provide flexible configurations and integrations to accommodate your specific business requirements. This includes customizable features, API integrations, and adaptable workflows that can be tailored to fit your operational needs. We also offer flexible pricing models based on usage, allowing you to scale up or down as your needs change.

Business Continuity: In the event of unforeseen circumstances that impact service delivery, such as natural disasters, cyber-attacks, or significant outages, we will activate our business continuity plan to restore services as quickly as possible. Communication protocols will be in place to keep you informed throughout the recovery process.

CUSTOMER ONBOARDING AND TRAINING

Onboarding Process: We provide a structured onboarding process to ensure a smooth transition to our platform. This includes a dedicated onboarding team, a customized onboarding plan, and detailed documentation to guide you through the setup process. The onboarding period will typically last 60-90 days, depending on the complexity of your integration.

Training Programs: We offer comprehensive training programs to ensure your team is fully equipped to use the platform effectively. Training may include live webinars, on-site training sessions, video tutorials, and access to a knowledge base. We will work with you to develop a training schedule that aligns with your team’s availability and learning preferences.

Ongoing Support: After the initial onboarding and training, we provide ongoing support to help you maximize the value of our platform. This includes access to a customer success manager, regular check-ins, and additional training sessions as needed. Our support team is available normal business hours to assist with any issues or questions that arise.

User Feedback and Improvement: We value your feedback and use it to continuously improve our platform and services. You will have the opportunity to participate in user feedback sessions, surveys, and beta testing of new features. Your input will help shape future enhancements and ensure the platform evolves to meet your changing needs.