Terms & Conditions
Please read these Terms and Conditions ("Terms") carefully before using the Emistra website and platform (the "Service") operated by Emistra ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.
1. The Service
Emistra provides a cloud-based ESG reporting and sustainability management platform, including GHG accounting, regulatory disclosures, supplier data management, and AI-assisted analysis. The Service is provided on a software-as-a-service basis subject to a separate subscription agreement or order form where applicable.
2. Eligibility and Account Registration
You must be at least 18 years old and have authority to bind your organisation to these Terms in order to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use at [email protected].
3. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of applicable regulations.
- Upload or transmit any content that is false, misleading, or infringes third-party rights.
- Attempt to gain unauthorised access to any part of the Service or its underlying systems.
- Reverse-engineer, decompile, or disassemble any part of the Service.
- Use the Service to transmit malware, spam, or any harmful code.
- Resell or sublicense access to the Service without our prior written consent.
- Interfere with the integrity or performance of the Service or its data.
4. Intellectual Property
The Service, including all software, content, trademarks, and proprietary materials, is owned by Emistra or its licensors. Nothing in these Terms transfers any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable licence to use the Service solely for your internal business purposes during your subscription period.
5. Your Content
You retain ownership of all data and content you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited licence to process it solely to provide and improve the Service. You represent and warrant that you have all necessary rights to Your Content and that it does not violate any applicable law or third-party rights. We do not sell Your Content to third parties.
6. Fees and Payment
Subscription fees, billing terms, and payment conditions are set out in your order form or subscription agreement. Fees are non-refundable except as required by applicable law or as expressly stated in your agreement. We reserve the right to suspend access for non-payment after reasonable notice.
7. Confidentiality
Each party agrees to keep the other's confidential information reasonably protected and not to disclose it to third parties without prior written consent, except as required by law or as necessary to provide the Service.
8. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be error-free, uninterrupted, or that any defects will be corrected. Output generated by AI features is informational only and should be independently verified before use in regulatory submissions.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Emistra shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the Service, even if advised of the possibility of such damages. Our total aggregate liability to you for any claim arising from these Terms or the Service shall not exceed the fees paid by you to Emistra in the twelve (12) months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Emistra and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising out of your use of the Service, Your Content, your violation of these Terms, or your violation of any applicable law or third-party rights.
11. Third-Party Services
The Service may integrate with or link to third-party services. We are not responsible for the content, privacy practices, or reliability of any third-party service. Your use of such services is governed by their respective terms and policies.
12. Termination
We may suspend or terminate your access to the Service at any time for breach of these Terms or your subscription agreement, or if required by law, with reasonable notice where practicable. Upon termination, your licence to use the Service ceases immediately. Provisions that by their nature should survive termination (including Sections 4, 8, 9, and 10) shall do so.
13. Governing Law and Disputes
These Terms are governed by and construed in accordance with applicable law. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the competent courts, unless required otherwise by mandatory local law. We encourage you to contact us first at [email protected] to resolve any issue informally before pursuing formal proceedings.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page and, for material changes, notify you by email or via the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
Contact Us
If you have any questions about these Terms, please contact us at [email protected].