Terms of Use

1. Acceptance of Terms

By creating an account, accessing, or using the Carbon Trace platform ("Platform"), you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use ("Terms"), together with our Privacy Policy and any supplementary policies referenced herein. These Terms constitute a binding legal agreement between you and Carbon Trace, operated by Sathes Chandran ("Carbon Trace", "Company", "we", "our", or "us").

If you are accepting these Terms on behalf of a company, organization, government body, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.

If you do not agree to these Terms in their entirety, you must immediately cease using the Platform and delete your account. Continued use of the Platform following any amendments to these Terms constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) to create an account and use the Platform. By using the Platform, you represent and warrant that you meet these age requirements and have the legal capacity to enter into a binding agreement.

The Platform is not directed at children under the age of 16. We do not knowingly collect personal information from anyone under 16 years of age. If we become aware that we have collected personal data from a child under 16, we will take steps to promptly delete such information.

3. Description of Service

Carbon Trace provides a software-as-a-service ("SaaS") platform for estimating, tracking, analyzing, and reporting greenhouse gas ("GHG") emissions. The Platform is designed to support internal decision-making, sustainability tracking, operational efficiency, and voluntary environmental reporting.

While the calculation methodologies implemented are aligned with recognized international frameworks including ISO 14064-1:2018, the GHG Protocol Corporate Standard, and IPCC AR6 Global Warming Potentials, all outputs generated by the Platform are computational estimates derived from user-provided data and standardized emission factors. The Platform does not produce certified, audited, or legally binding emissions figures.

We reserve the right to modify, update, expand, or discontinue any feature, functionality, or aspect of the Platform at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuance of the Platform or any part thereof.

4. No Professional, Legal, or Regulatory Advice

THE PLATFORM DOES NOT PROVIDE AND SHALL NOT BE CONSTRUED AS PROVIDING LEGAL, FINANCIAL, ACCOUNTING, TAX, REGULATORY, ENVIRONMENTAL COMPLIANCE, OR PROFESSIONAL CERTIFICATION ADVICE OF ANY KIND.

Carbon Trace does not guarantee that use of the Platform will satisfy or ensure compliance with any specific law, regulation, directive, standard, or reporting obligation in any jurisdiction, including but not limited to the EU Corporate Sustainability Reporting Directive (CSRD), the SEC Climate Disclosure Rules, the Australian National Greenhouse and Energy Reporting Act (NGER), the Singapore Carbon Pricing Act, the UK Streamlined Energy and Carbon Reporting (SECR), or any other national, regional, or international environmental or sustainability regulation.

Users remain solely and exclusively responsible for: (a) verifying all emissions calculations and Platform outputs against authoritative sources; (b) ensuring compliance with all applicable laws and regulations in their jurisdiction(s) of operation; (c) engaging qualified environmental consultants, auditors, legal advisors, and other professionals where necessary; and (d) any decisions made based on or informed by Platform outputs.

5. Account Registration and Security

To access the Platform, you must create an account using a valid email address or through a supported third-party authentication provider (e.g., Google, Microsoft). You agree to: (a) provide accurate, current, and complete registration information; (b) maintain and promptly update your account information; (c) maintain the confidentiality of your login credentials; (d) immediately notify us of any unauthorized access to or use of your account; and (e) accept full responsibility for all activity that occurs under your account.

We reserve the right to suspend, disable, or terminate any account at our sole discretion, including accounts that: (i) appear to be fraudulent; (ii) violate these Terms; (iii) have been inactive for an extended period; or (iv) pose a security risk to the Platform or other users. We shall not be liable for any loss or damage arising from your failure to comply with these account security obligations.

6. Acceptable Use Policy

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You shall not, and shall not permit any third party to:

(a) Use the Platform for any purpose that is illegal, harmful, fraudulent, deceptive, or discriminatory; (b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, calculation methodologies, or underlying architecture of the Platform; (c) Copy, reproduce, modify, adapt, translate, distribute, license, sell, resell, lease, or create derivative works based on the Platform or any content therein; (d) Use automated means (bots, scrapers, crawlers, data mining tools) to access, collect data from, or interact with the Platform without our prior written consent; (e) Interfere with, disrupt, or impose an unreasonable load on the Platform's infrastructure, servers, or networks; (f) Attempt to gain unauthorized access to any part of the Platform, other user accounts, or any systems or networks connected to the Platform; (g) Upload, transmit, or introduce any malicious code, virus, worm, Trojan horse, ransomware, or other harmful material; (h) Use the Platform to benchmark against a competing product or service, or to develop a competing product or service; (i) Remove, obscure, or alter any copyright, trademark, or other proprietary notices on the Platform; (j) Misrepresent your identity, organizational affiliation, or authority to bind an entity; (k) Use Platform outputs to make misleading environmental, sustainability, or "greenwashing" claims to the public, investors, regulators, or other stakeholders; (l) Share, resell, sublicense, or distribute Platform access credentials to unauthorized parties; (m) Use the Platform in any manner that could damage, disable, overburden, or impair the service.

7. Intellectual Property Rights

All intellectual property rights in and to the Platform, including but not limited to its software, source code, object code, APIs, algorithms, calculation methodologies, emission factor databases, user interface designs, visual elements, branding, trademarks, service marks, trade dress, documentation, and all improvements, modifications, and derivative works thereof, are and shall remain the exclusive property of Carbon Trace and its licensors.

The name "Carbon Trace", the Carbon Trace logo, and all associated branding elements are trademarks and/or service marks of Carbon Trace. You may not use these marks without prior written authorization.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for your internal business purposes as intended. This license does not convey any ownership interest in the Platform.

You retain ownership of the raw data you input into the Platform ("User Data"). However, by using the Platform, you grant Carbon Trace a worldwide, non-exclusive, royalty-free, perpetual (or for the duration permitted by applicable law), irrevocable license to process, store, analyze, and use User Data as necessary to: (a) provide and maintain the Platform; (b) generate aggregated, anonymized, and de-identified datasets for analytics, benchmarking, research, product improvement, and commercial purposes; and (c) comply with legal obligations. Aggregated and anonymized data that does not identify any individual or organization may be used by Carbon Trace without restriction.

Any feedback, suggestions, ideas, enhancement requests, or other submissions provided by users ("Feedback") shall be deemed non-confidential and non-proprietary. Carbon Trace shall have an unrestricted, irrevocable, worldwide, royalty-free right to use, reproduce, modify, and incorporate such Feedback for any purpose without acknowledgment or compensation.

8. Data Accuracy and User Responsibility

THE PLATFORM PROCESSES DATA BASED ON USER-PROVIDED INPUTS AND STANDARDIZED EMISSION FACTORS SOURCED FROM RECOGNIZED DATABASES INCLUDING IPCC, DEFRA, IEA, AND OTHERS. CARBON TRACE DOES NOT INDEPENDENTLY VERIFY, AUDIT, OR VALIDATE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF USER-PROVIDED DATA.

You acknowledge and agree that: (a) the quality and accuracy of Platform outputs are directly dependent on the quality and accuracy of your inputs; (b) emission factors are estimates derived from generalized data and may not precisely reflect your specific operations, equipment, geography, or circumstances; (c) outputs should be treated as indicative estimates, not definitive measurements; and (d) Platform outputs must not be used as the sole basis for regulatory filings, carbon credit claims, financial disclosures, or legally binding commitments without independent professional verification.

Carbon Trace shall not be liable for any errors, inaccuracies, or omissions in Platform outputs resulting from incorrect, incomplete, outdated, or misleading User Data.

9. Third-Party Services and Data

The Platform may integrate with, rely upon, or reference third-party services, data sources, APIs, and infrastructure providers, including but not limited to Supabase (authentication and database), Google Cloud Platform, ERA5/ECMWF climate data, and other providers.

Carbon Trace does not control, endorse, or warrant third-party services or data and is not responsible for their availability, accuracy, completeness, timeliness, security practices, or compliance with applicable laws. Your use of third-party services may be subject to their own terms and conditions.

We shall not be liable for any loss, damage, or disruption caused by: (a) failures, outages, or errors of third-party services; (b) upstream data delays, revisions, gaps, errors, or discontinuations; (c) changes to third-party APIs, terms, or pricing; or (d) actions taken by third-party providers.

10. Service Availability and Modifications

While we make commercially reasonable efforts to maintain Platform availability, we do not guarantee uninterrupted, timely, secure, or error-free operation. The Platform is provided on an "as available" basis.

We reserve the right to: (a) modify, update, or discontinue any feature or functionality at any time; (b) perform scheduled or emergency maintenance that may temporarily affect availability; (c) impose usage limits or restrictions; and (d) modify pricing, plans, or subscription terms with reasonable notice.

We shall not be liable for any interruption or unavailability of the Platform, regardless of the cause.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

CARBON TRACE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (c) WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (d) WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY EMISSIONS CALCULATIONS, REPORTS, OR OUTPUTS; (e) WARRANTIES THAT DEFECTS WILL BE CORRECTED; AND (f) WARRANTIES THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THE REMAINING WARRANTIES ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARBON TRACE, ITS OWNER, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (b) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS; (c) BUSINESS INTERRUPTION, LOSS OF BUSINESS OPPORTUNITY, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (d) DAMAGES ARISING FROM OR RELATED TO: (i) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (ii) ANY ERRORS, INACCURACIES, OR OMISSIONS IN PLATFORM OUTPUTS; (iii) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (iv) DECISIONS MADE OR ACTIONS TAKEN BASED ON PLATFORM OUTPUTS; (v) REGULATORY PENALTIES, FINES, OR SANCTIONS; (vi) FAILED AUDITS, CERTIFICATIONS, OR COMPLIANCE ASSESSMENTS; (vii) ENVIRONMENTAL CLAIMS, CARBON CREDIT DISPUTES, OR GREENWASHING ALLEGATIONS; OR (viii) ANY THIRD-PARTY CONDUCT OR CONTENT;

REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY, OR OTHERWISE), EVEN IF CARBON TRACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ANY EVENT, CARBON TRACE'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO CARBON TRACE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100).

THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CARBON TRACE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE (WHERE APPLICABLE UNDER THE LAWS OF ENGLAND AND WALES, AUSTRALIA, OR THE EUROPEAN UNION).

13. Indemnification

You agree to indemnify, defend, and hold harmless Carbon Trace, its owner, affiliates, officers, directors, employees, agents, licensors, and service providers ("Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or relating to:

(a) Your use of or access to the Platform; (b) Your violation of these Terms or any applicable law, regulation, or third-party right; (c) Your User Data or any content you submit, post, or transmit through the Platform; (d) Any environmental, sustainability, or emissions claims you make based on Platform outputs; (e) Any greenwashing allegations, regulatory penalties, or compliance failures related to your use of Platform outputs; (f) Your negligence, willful misconduct, or fraud; (g) Any dispute between you and a third party arising from your use of the Platform.

Carbon Trace reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense. You agree to cooperate with Carbon Trace in the defense of such claims. You shall not settle any claim without Carbon Trace's prior written consent.

14. Account Suspension and Termination

Carbon Trace may, at its sole discretion and without prior notice or liability, suspend, restrict, or permanently terminate your access to the Platform, for any reason, including but not limited to:

(a) Suspected or confirmed violation of these Terms; (b) Suspected fraudulent, abusive, or illegal activity; (c) Non-payment of applicable fees; (d) Extended account inactivity; (e) Request by law enforcement or governmental authority; (f) Discontinuation or material modification of the Platform; (g) Unexpected technical or security issues.

Upon termination: (i) your license to use the Platform immediately ceases; (ii) you must cease all use of the Platform; (iii) we may delete your account and associated data after a reasonable retention period (typically 30 days); and (iv) provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 7 (Intellectual Property), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 16 (Governing Law), and 17 (Dispute Resolution).

You may terminate your account at any time through the Platform's account settings or by contacting us.

15. Force Majeure

Carbon Trace shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, epidemics, acts of God, war, terrorism, civil unrest, government actions or sanctions, power outages, internet or telecommunications failures, cyberattacks, fire, flood, earthquake, labor disputes, supply chain disruptions, or failure of third-party service providers.

During any force majeure event, our obligations shall be suspended for the duration of the event, and we shall make commercially reasonable efforts to resume performance as soon as practicable.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions.

Notwithstanding the foregoing, nothing in these Terms shall deprive any consumer user of the protection afforded by mandatory provisions of the law of their country of habitual residence where such provisions cannot be derogated from by agreement, including but not limited to:

(a) For users in the European Economic Area (EEA) or United Kingdom: mandatory consumer protection provisions of your local law, including those implementing the EU Consumer Rights Directive (2011/83/EU) and the Unfair Contract Terms Directive (93/13/EEC); (b) For users in Australia: rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) that cannot be excluded by contract; (c) For users in Singapore: applicable provisions of the Consumer Protection (Fair Trading) Act; (d) For users in the United States: applicable state consumer protection statutes.

17. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform ("Dispute"), the parties agree to first attempt to resolve the Dispute through good faith negotiation. You must send a written notice of the Dispute to hello@carbontraceglobal.com, and the parties shall have thirty (30) days to attempt resolution.

If the Dispute is not resolved within thirty (30) days, either party may commence formal proceedings. Subject to mandatory consumer protection laws in your jurisdiction, the Dispute shall be resolved by binding arbitration administered under the rules of the Australian Centre for International Commercial Arbitration (ACICA), with the seat of arbitration in Sydney, Australia. The arbitration shall be conducted in English by a single arbitrator.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

For users in the European Union: you may also have the right to submit complaints to the Online Dispute Resolution platform of the European Commission at https://ec.europa.eu/consumers/odr.

18. Export Control and Sanctions Compliance

You represent and warrant that you are not: (a) located in, a resident of, or a national of any country subject to comprehensive trade sanctions or embargoes; (b) designated on any government-maintained list of prohibited or restricted parties; or (c) otherwise prohibited from receiving or using the Platform under applicable export control laws and sanctions regulations.

You agree to comply with all applicable export control laws, trade sanctions, and embargo regulations in your use of the Platform.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

20. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Carbon Trace with respect to the use of the Platform and supersede all prior or contemporaneous communications, proposals, negotiations, and agreements, whether oral or written, between the parties.

21. Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without Carbon Trace's prior written consent. Carbon Trace may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of assets.

22. Waiver

The failure of Carbon Trace to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Carbon Trace to be effective.

23. Modifications to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Material changes will be communicated by posting the revised Terms on the Platform with an updated effective date, and where practicable, by email notification to registered users.

Your continued use of the Platform after the effective date of any changes constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and delete your account.

It is your responsibility to review these Terms periodically. The "Last Updated" date at the top of these Terms indicates when the most recent revision became effective.

24. Contact Information

For questions, concerns, or legal notices regarding these Terms, contact us at:

Carbon Trace Email: hello@carbontraceglobal.com Website: www.carbontraceglobal.com