Terms of Service

Please read these terms carefully before using our ESG compliance assessment service.

Last updated: August 25, 2025

Overview

These Terms of Service ("Terms") govern your use of What'sMyESG's ESG compliance assessment platform. By using our service, you enter into a legal agreement with us. Please read these terms carefully as they contain important information about your rights and obligations.

1. Acceptance of Terms

Agreement: By accessing or using WhatsMyESG's services, you agree to be bound by these Terms of Service and all applicable laws and regulations.

Capacity: You represent that you have the legal authority to enter into this agreement on behalf of yourself or your organization.

Updates: We reserve the right to modify these terms at any time. Continued use of our service constitutes acceptance of any changes.

Entire Agreement: These terms, together with our Privacy Policy, constitute the entire agreement between you and WhatsMyESG.

2. Service Description

ESG Assessment Service: WhatsMyESG provides AI-powered Environmental, Social, and Governance (ESG) compliance assessments for businesses.

Regulatory Intelligence: Our service identifies applicable ESG regulations based on your company's location, industry, size, and revenue.

Personalized Reports: We generate customized compliance reports and recommendations using artificial intelligence technology.

Expert Marketplace: We may connect users with qualified ESG consultants for additional services (coming soon).

No Legal Advice: Our service provides informational content only and does not constitute legal, financial, or professional advice.

3. User Obligations and Conduct

Accurate Information: You agree to provide accurate, complete, and current information about your company and business operations.

Lawful Use: You will use our service only for lawful purposes and in accordance with these terms.

Prohibited Activities: You may not use our service to: (a) violate any laws or regulations, (b) transmit malicious code or conduct cyber attacks, (c) attempt to gain unauthorized access to our systems, (d) interfere with service operation, or (e) collect user information without consent.

Account Security: You are responsible for maintaining the confidentiality of any account credentials and for all activities under your account.

Business Use Only: Our service is intended for business and professional use only, not for personal or consumer purposes.

4. Intellectual Property Rights

Service Ownership: WhatsMyESG owns all rights, title, and interest in our service, including software, algorithms, databases, and user interfaces.

Content License: We grant you a limited, non-exclusive, non-transferable license to use our service for your internal business purposes.

User Content: You retain ownership of information you provide, but grant us a license to use it for service delivery and improvement.

Trademark Rights: WhatsMyESG, our logo, and related marks are trademarks of our company. You may not use them without permission.

Third-Party Content: Our service may include content from third parties, which remains the property of respective owners.

5. Service Availability and Modifications

Service Levels: We strive to maintain high service availability but do not guarantee uninterrupted access.

Maintenance: We may temporarily suspend service for maintenance, updates, or security purposes with reasonable notice.

Service Changes: We reserve the right to modify, enhance, or discontinue features at our discretion.

Force Majeure: We are not liable for service interruptions caused by circumstances beyond our reasonable control.

Beta Features: Some features may be offered in beta or preview status with additional limitations and disclaimers.

6. Service Availability

Free Service: WhatsMyESG is provided as a free service to help businesses understand their ESG compliance requirements.

No Payment Required: There are no subscription fees, usage charges, or hidden costs for our core ESG assessment service.

Future Services: We may introduce optional premium services in the future, which will be clearly marked and separately priced.

Service Changes: We reserve the right to modify our service offerings, but will maintain free access to core ESG assessments.

Expert Marketplace: Our upcoming expert marketplace may include paid consulting services from third-party providers.

7. Disclaimers and Limitations

Information Accuracy: While we strive for accuracy, we do not warrant that our assessments are complete, current, or error-free.

Regulatory Changes: ESG regulations change frequently. Our service reflects information available at the time of assessment.

Professional Advice: Our service is not a substitute for professional legal, financial, or compliance advice from qualified professionals.

Third-Party Services: We are not responsible for the accuracy or reliability of third-party services integrated with our platform.

AI Limitations: Our AI technology, while advanced, may have limitations and should be used in conjunction with human judgment.

8. Limitation of Liability

Liability Cap: Our total liability to you for any claims arising from these terms or service use shall not exceed the fees you paid in the preceding 12 months.

Excluded Damages: We shall not be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or business interruption.

Time Limitation: Any claims must be brought within one year of the event giving rise to the claim.

Indemnification: You agree to indemnify and hold us harmless from claims arising from your use of our service or violation of these terms.

Jurisdictional Variations: Some jurisdictions do not allow certain liability limitations, so these may not apply to you.

9. Data Protection and Privacy

Privacy Policy: Our collection and use of personal information is governed by our Privacy Policy, incorporated by reference.

Data Security: We implement appropriate technical and organizational measures to protect your data.

Data Processing: We may process your data to provide services, improve our offerings, and comply with legal obligations.

International Transfers: Your data may be transferred to and processed in countries outside your jurisdiction.

Data Retention: We retain data in accordance with our Privacy Policy and applicable legal requirements.

10. Termination

Termination Rights: Either party may terminate this agreement at any time with or without cause.

Account Suspension: We may suspend or terminate your access for violation of these terms or other reasonable business reasons.

Effect of Termination: Upon termination, your right to use the service ceases immediately, and we may delete your data.

Survival: Provisions relating to intellectual property, liability, and dispute resolution survive termination.

Data Export: You may request export of your data before termination, subject to technical feasibility.

11. Dispute Resolution

Governing Law: These terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.

Dispute Resolution: Disputes shall be resolved through binding arbitration in accordance with commercial arbitration rules.

Class Action Waiver: You agree to resolve disputes individually and waive the right to participate in class actions.

Injunctive Relief: Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches.

Legal Fees: The prevailing party in any dispute may be entitled to recover reasonable attorney fees and costs.

12. General Provisions

Severability: If any provision of these terms is found unenforceable, the remaining provisions continue in full force.

Assignment: You may not assign these terms without our written consent. We may assign these terms to affiliates or successors.

No Waiver: Our failure to enforce any provision does not constitute a waiver of that provision or any other rights.

Contact Information: For questions about these terms, contact us at legal@whatsmyesg.com.

Effective Date: These terms are effective as of August 25, 2025, and supersede all prior agreements.

Questions About These Terms?

If you have any questions about these Terms of Service or need clarification on any provision, please contact us.

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