Terms of Service

1. Definitions

• “Service” — the ESGorithm platform accessible at esgorithm.com and any associated APIs or tools
• “User” — any individual who accesses the Service
• “Organisation” — the company or entity on whose behalf a User uses the Service
• “Content” — any data, documents, reports, or other materials submitted to the Service
• “AI Features” — automated gap analysis, recommendations, and AI-generated report narratives

2. Description of Service

ESGorithm is a B2B SaaS platform that helps organisations collect ESG (Environmental, Social, Governance) data, track metrics over time, and generate compliance reports for frameworks including GRI and CSRD/ESRS. The Service includes AI-assisted features for gap analysis, benchmarking, and report narrative generation.

The Service is provided “as is” as a software tool to assist with ESG data management. ESGorithm does not provide ESG consulting, legal, regulatory, or financial advisory services.

3. Account Registration and Responsibilities

• You must be at least 18 years old and authorised to act on behalf of your Organisation to use the Service.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must provide accurate and complete information when creating your account.
• You are responsible for all activity that occurs under your account, whether or not authorised by you.
• You must notify us immediately at support@esgorithm.com of any unauthorised use of your account.
• You may not share your account credentials with third parties or create accounts on behalf of others without their consent.

4. Subscription Plans, Billing & Refund Policy

ESGorithm is intended for business use only (B2B). The Service is not directed at consumers. ESGorithm offers Free, Starter, and Professional subscription tiers.

Merchant of Record:Payments for paid plans are processed by Paddle.com (“Paddle”), who acts as the Merchant of Record for all transactions. When you subscribe to a paid plan, you are entering into a purchase agreement with Paddle, subject to Paddle's own terms and conditions. ESGorithm is not a party to that payment transaction. All billing inquiries, invoices, and refund requests related to payments must be directed to Paddle. Paddle handles VAT, sales tax, and other applicable taxes on our behalf.

You may cancel your subscription at any time through your account settings or by contacting Paddle. Access to paid features continues until the end of the current billing period.

Refund Policy: Because Paddle acts as the Merchant of Record, all refund requests are handled directly by Paddle. You are entitled to a full refund within 14 days of the initial purchase or renewal date without any exceptions or conditions. To request a refund, please contact Paddle at paddle.com/help or via your Paddle receipt email. ESGorithm does not process refunds directly.

Free trial: Paid plans may include a free trial period as stated on our pricing page. No charge is made during the trial. If you do not cancel before the trial ends, your subscription will not automatically convert to a paid plan — you must actively choose to upgrade. We reserve the right to modify or discontinue trial offers at any time.

Price changes:We reserve the right to change subscription prices. We will provide at least 30 days' notice of any price changes via email or an in-app notice. Continued use of the Service after the new price takes effect constitutes acceptance of the new pricing. If you do not accept a price change, you may cancel before the effective date.

Free plan: The Free plan is provided at no charge and may be modified, limited, or discontinued at any time with reasonable notice.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable laws or regulations
• Submit false, misleading, or fraudulent ESG data that could deceive stakeholders, auditors, or regulators
• Attempt to gain unauthorised access to any part of the Service or its infrastructure
• Reverse engineer, decompile, or attempt to derive the source code of the Service
• Scrape, crawl, or harvest data from the Service by automated means without our written consent
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to transmit malware, spam, or other harmful code
• Resell, sublicense, or provide access to the Service to third parties without our written consent

We reserve the right to investigate suspected violations and to suspend or terminate accounts without notice where we reasonably believe a violation has occurred.

6. Data and Content Ownership

You retain full ownership of all Content you submit to the Service. By submitting Content, you grant ESGorithm a limited, non-exclusive, royalty-free licence to process, store, and display your Content solely for the purpose of providing and operating the Service. We do not sell your data to third parties. For full details on data handling, see our Privacy Policy.

You are solely responsible for the accuracy, completeness, and legality of any Content you submit. ESGorithm does not verify the accuracy of ESG data entered by users.

7. AI-Generated Content

AI Features generate content based on the data you provide. You acknowledge and agree that:

• AI-generated content is for informational and drafting purposes only
• It does not constitute professional legal, financial, regulatory, or ESG advisory advice
• You are solely responsible for reviewing, editing, and verifying all AI-generated content before external publication
• ESGorithm does not warrant that AI-generated content is accurate, complete, or compliant with any specific regulatory standard
• Reliance on AI-generated content without independent review is at your own risk

8. Service Availability and Beta Features

We aim to provide a reliable service but we do not guarantee uninterrupted or error-free availability. The Service may be temporarily unavailable due to maintenance, updates, infrastructure issues, or events outside our control. We are not liable for any loss or damage resulting from service unavailability or interruptions.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time. For material changes, we will provide reasonable advance notice.

Some features may be released as beta or early access. These features are provided without warranty, may be incomplete, and may be changed or removed at any time. Your use of beta features is entirely at your own risk.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

ESGorithm does not warrant that: (a) the Service will meet your specific requirements; (b) reports generated through the Service will satisfy any particular regulatory or audit standard; (c) any errors in the Service will be corrected.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESGORITHM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: loss of profits, loss of data, business interruption, reputational harm, regulatory penalties, fines, or sanctions arising from ESG reports or data generated through the platform, regardless of whether we have been advised of the possibility of such damages.

In any case, our total aggregate liability to you for all claims arising out of or related to the Service shall not exceed the total amount you paid to us in the 3 months preceding the event giving rise to the claim, or €100, whichever is lower.

Limitation period: Any claim or cause of action arising out of or related to the Service must be filed within one (1) year after the event giving rise to the claim occurred. Claims not filed within this period are permanently barred, to the maximum extent permitted by applicable law.

11. Indemnification

You agree to defend, indemnify, and hold harmless ESGorithm and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or related to: (a) your use of the Service; (b) Content you submit; (c) your violation of these Terms; or (d) your violation of any applicable law or third-party rights.

12. Intellectual Property

All intellectual property rights in the Service — including software, design, trademarks, logos, and documentation — are owned by ESGorithm or its licensors. Nothing in these Terms transfers any ownership of intellectual property to you. You may not use our trademarks or branding without prior written consent.

13. Force Majeure

ESGorithm shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, government actions, internet infrastructure failures, third-party service outages, or cyberattacks.

14. Termination

Either party may terminate the agreement at any time. You may close your account by contacting support@esgorithm.com. We reserve the right to suspend or terminate your account immediately and without notice if you materially breach these Terms. Upon termination, your right to access the Service ceases immediately.

Data export: We recommend exporting your data before closing your account. Following termination, you may request a data export within 30 days by contacting us. After that period, data deletion follows the process described in our Privacy Policy and we cannot guarantee recovery of any Content.

Account transfer: Accounts and subscriptions may not be transferred or assigned to another individual or organisation without our prior written consent.

15. Changes to Terms

We may update these Terms at any time. For material changes, we will provide at least 14 days' notice via email or an in-app notice. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not accept the changes, you must stop using the Service before the effective date.

16. Feedback and Suggestions

If you submit feedback, suggestions, or ideas about the Service (“Feedback”), you grant ESGorithm a perpetual, irrevocable, worldwide, royalty-free licence to use, implement, and incorporate that Feedback into the Service without any obligation to compensate you. You represent that your Feedback does not infringe any third-party rights.

17. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Turkey. Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved informally by contacting us at legal@esgorithm.com. If the dispute cannot be resolved informally within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of Istanbul, Turkey. For Organisations established in the European Union, the parties may agree in writing to an alternative governing law as part of a separate enterprise agreement.

EU users: Nothing in these Terms limits your rights under applicable EU consumer or data protection law, including GDPR. You retain the right to bring a complaint before your local data protection authority or competent courts in your country of residence, regardless of the governing law clause above.

Payments:Any dispute relating specifically to a payment transaction is governed by Paddle's terms and must be raised directly with Paddle.

18. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

These Terms, together with the Privacy Policy, constitute the entire agreement between you and ESGorithm regarding the Service and supersede all prior agreements or understandings.

19. Contact

BYKAR PLASTIK MAKINA KALIP ITHALAT IHRACAT SANAYI TICARET LIMITED SIRKETI
For questions about these Terms: legal@esgorithm.com
For general support: support@esgorithm.com