Terms and Conditions

ResC4EU PLATFORM TRANSITION PERIOD 1st JAN 2027 TO 31st DEC 2027

For the first three (3) years of the project, ending in December 2026, all platform services will be provided free of charge to registered companies. After this period, beginning in January 2027, the platform will remain available „as is” with no further updates, for a period of 12 months.

From January 2027, GreenTwin GmbH plans to offer a commercial platform with structured subscription plans and fees.

Previously registered companies on the ResC4EU platform will have three choices:

New companies will either directly come to the commercial platform or will be re-directed from ResC4EU to the new platform and can then decide whether to take out a subscription or not.

SERVICE LEVELS

During the Project Duration (2024-2026), we will use commercially reasonable efforts to achieve a target service uptime of 99.9% per calendar month, excluding scheduled maintenance, force majeure events, or other circumstances beyond our reasonable control. During the Extended Post-Project Period (January 2027 – December 2027), the platform is operated under a minimum maintenance and operation model. During the Extended Post-Project Period, we will use commercially reasonable efforts to maintain service availability, but no specific uptime percentage is guaranteed.

QUALITY ASSURANCE

Quality Standards: We use commercially reasonable efforts to maintain the quality and functionality of the platform and services. If You identify a material issue with the platform or services, You should notify us with sufficient information to enable us to investigate the issue. Where appropriate, we will use commercially reasonable efforts to take corrective action. As the platform and services are provided free of charge, no service credits, refunds, financial compensation, or other monetary remedies apply, subject to applicable law.

SUPPORT AND MAINTENANCE

Support Services: During the Project Duration (2024-2026), we offer support services, including troubleshooting, issue resolution, and general assistance. Support is available during business hours via email. During the Extended Post-Project Period (January 2027 – December 2027), support is provided on a best-effort basis via email, with no guaranteed response time.

Maintenance: During the Project duration (2024-2026), 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 conducted during off-peak hours to minimize disruption. During the Extended Post-Project Period (January 2027 – December 2027), maintenance activity will focus on critical security and stability fixes.

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 or for operational, technical, security, legal, or other reasons. Where reasonably practicable, we will endeavor to provide at least six (6) months' advance notice of material End-of-Life events and, where appropriate, provide guidance on available alternatives. The six-month notice period does not apply where discontinuation is required for security, legal, regulatory, third-party dependency, or other circumstances beyond our reasonable control.

Service Updates: During the Project Duration (2024-2026), we may 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

Free-of-Charge Services: The platform and services are provided free of charge. Accordingly, to the maximum extent permitted by applicable law, GreenTwin GmbH shall have no liability to the User for any loss, damage, cost, or expense arising out of or in connection with the availability, unavailability, performance, use of, or inability to use the platform or services. Nothing in these T&Cs excludes or limits any liability that cannot be excluded or limited under applicable law.

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: (i) Your use of the platform or services; (ii) Your breach of these T&Cs; (iii) Any violation of applicable laws or regulations by you; (iv) 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

Platform Ownership

All intellectual property rights in and to the platform, including but not limited to its software, source code, collaboration logic, matchmaking algorithms, databases, architecture and user interface design, dashboards, text, graphics, trademarks, service marks, governance framework and documentation are owned and represent the exclusive property of 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.

The platform integrates third-party services and APIs, including Supply Chain Resilience Calculation and risk assessment, which remain the intellectual property of their respective owners.

Nothing in these T&Cs transfers ownership of any intellectual property rights to the User.

Third-Party Services and APIs

The platform integrates third-party services (APIs), e.g. Supply Chain Resilience Calculation. All intellectual property rights in such third-party services remain with their respective providers.

The use of such services through the platform is subject to: (i) these T&Cs; and (ii) any applicable third-party terms, where relevant.

GreenTwin GmbH does not claim ownership of third-party scoring methodologies and algorithms.

Third-party services, including the third-party resilience scoring API, are provided on an "as-is" basis. GreenTwin GmbH does not warrant the accuracy, completeness, reliability, or continuous availability of results generated by third-party services. GreenTwin GmbH shall not be liable for any errors, service interruptions, or damages arising from the use of third-party services integrated into the ResC4EU platform.

Where third-party service providers process User data on behalf of GreenTwin GmbH, such processing is governed by data processing agreements in compliance with the General Data Protection Regulation (GDPR). A list of current third-party data processors is available upon request at resc4eu@greentwin.at.

User Content Ownership

The User retains ownership of all data, content, and information uploaded or entered into the platform (User Content). By submitting User Content, the User grants GreenTwin GmbH a worldwide, non-exclusive, royalty-free license to use, process, store, reproduce, and display such content solely for the purpose of operating, maintaining, and improving the platform and its services, in accordance with applicable data protection laws and the Privacy Policy.

Restrictions: User shall not, and shall not permit any third party to (i) copy, modify, adapt, translate, or create derivative works of the platform or any part thereof; (ii) reverse engineer, decompile, disassemble or attempt to extract the source code, algorithms, or underlying structure of the platform; (iii) reproduce or replicate the methodology or working logic outside the platform; (iv) use the platform for competitive analysis, benchmarking, or development of competing products or services; (v) remove or alter any proprietary notices or copyright markings.

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.

Aggregated and Anonymized Data

GreenTwin GmbH may generate aggregated and anonymised statistical data derived from User Content and platform usage for analytical, benchmarking, product improvement, and research purposes. Such aggregated data shall not identify any individual User or company.

TERMINATION CLAUSES

Termination by you, the User: During the project time, You may terminate your contract and close the company account (including all linked user accounts) at any time. During the Extended Post-Project Period (January 2027 – December 2027), You may likewise terminate and close your account at any time, free of charge.

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 OWNERSHIP, SHARING, PRIVACY AND SECURITY

Data Ownership: You retain ownership of all data and content You submit to the platform. The ownership, use, and licensing of such data and content are governed by the User Content Ownership section of these T&Cs and the applicable Privacy Policy.

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.

Third-Party Data Processing for Supply Chain Resilience Calculation: By using the Supply Chain Resilience Calculation API, You acknowledge that your vulnerability and capability assessment responses and specified company metadata (including a hashed firm identifier, numeric country code, numeric sector code, hashed user identifier, and company size category) will be securely transmitted to a third-party service provider solely for the purpose of calculating resilience scores. No directly identifying information, such as names, email addresses, or company names, is transmitted to the third-party service provider. All data is transmitted over encrypted HTTPS connections.

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 introduce additional paid services, subscription tiers, or promotional offers in the future. Any such services or offers will be subject to separate or additional terms communicated to the User before they apply.

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 party's Confidential Information and to use such information only for the purposes of fulfilling their obligations under these T&Cs. 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:

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 sixty (60) days, it shall be finally resolved by binding arbitration in accordance with the applicable arbitration rules agreed by the parties. The seat of arbitration shall be Austria, and the arbitration proceedings shall be conducted in English. The arbitral award shall be final and binding on both parties. To the extent that any Dispute is not subject to arbitration, or where court proceedings are required in connection with the arbitration or the recognition or enforcement of an arbitral award, the competent courts of Austria shall have exclusive jurisdiction. The allocation of the costs of the arbitration, including reasonable legal fees, shall be determined by the arbitrator(s) in accordance with the applicable arbitration rules and applicable law.

Governing Law and Jurisdiction: These T&Cs 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: During the project period (2024–2026), we will use commercially reasonable efforts to provide the services in accordance with the applicable agreed performance metrics, including any metrics specified in an applicable Service Level Agreement (SLA). During the Extended Post-Project Period (January 2027–December 2027), no specific performance metrics, service levels, response times, or uptime levels are guaranteed unless expressly agreed otherwise in writing.

Regular Reporting: During the project period (2024–2026), we may provide performance reports containing relevant platform performance information. During the Extended Post-Project Period (January 2027–December 2027), performance information may be made available through the platform dashboard on a best-effort basis.

Performance Reviews: The parties may conduct periodic performance reviews, where appropriate, to discuss service performance, issues or incidents, and potential improvements.

Remediation: If performance falls below the applicable agreed performance metrics, GreenTwin GmbH will use commercially reasonable efforts to take appropriate corrective action. As the platform and services are provided free of charge, no service credits, refunds, financial compensation, or other monetary remedies shall apply. This provision is subject to any rights or remedies that cannot be excluded under applicable law.

PLATFORM RESILIENCE, SCALABILITY, FLEXIBILITY AND BUSINESS CONTINUITY

Platform Resilience: Our platform is designed with operational 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. During the Extended Post-Project Period (January 2027 – December 2027), we will continue to maintain the platform with a focus on critical security and stability, but non-essential feature updates may be deferred.

Scalability: The platform is designed to support varying levels of usage and may provide scalability options, subject to technical feasibility and available resources.

Flexibility: The platform may support configurable features and integrations, subject to technical feasibility and availability.

Business Continuity: In the event of unforeseen circumstances that materially impact service delivery, such as natural disasters, cyber-attacks, or significant outages, we will use commercially reasonable efforts to implement appropriate business continuity measures and restore the services. Where reasonably practicable, we will provide relevant information regarding material service disruptions and recovery efforts.

CUSTOMER ONBOARDING AND TRAINING

Onboarding and Training: GreenTwin GmbH may provide onboarding resources, documentation, training materials, webinars, or other assistance to support use of the platform. The scope, format, timing, and availability of such resources may vary and are subject to available resources.

Ongoing Support: Ongoing support is provided in accordance with the Support and Maintenance section of these T&Cs.

User Feedback and Improvement: We may invite Users to participate in feedback sessions, surveys, or testing of new features. Participation is voluntary, and feedback may be used to improve the platform and services.