1.1 - Climatiq Technologies GmbH is registered with the Commercial Register of the Local Court of Charlottenburg (Amtsgericht Charlottenburg) under HRB 230334 B (“Climatiq”). Climatiq provides, primarily, environmental impact assessment services to (i) Users acting as direct customers to help them with estimating and reducing greenhouse gas emissions or their overall climate impact, and (ii) Users acting as intermediaries, including, but not limited to, SaaS providers and consultancies, to enable them to help their customers in estimating and reducing greenhouse gas emissions and their overall climate impact.
1.2 - These GTC apply to the business relationship between Climatiq and you, the User.
1.3 - Climatiq provides its Services exclusively to businesses within the meaning of § 14 German Civil Code (BGB).
1.4 - These GTC apply unless the Parties have agreed on different regulations in a specific contract. Deviating, opposing or supplementary general terms and conditions of User shall only become integral components of the contract if an authorised representative of Climatiq explicitly agrees to their validity by (i) introducing an amendment in text form to the existing agreement between the Parties, or (ii) concluding an agreement in text form with User, establishing applicability of such terms to the business relationship between the Parties. This requirement of approval also applies if Climatiq renders Services after becoming aware of a User’s general terms and conditions.
2.1 - “Access Credentials” means personal access credentials, in particular, username, password, access tokens or comparable authentication means, such as API key, used by User to access their Climatiq account and Climatiq’s Services.
2.2 - “Activity Data” means data on a company’s or person’s activities or spend, provided by User to Climatiq as inputs for calculations, necessary for delivering Results.
2.3 - “API” means application programming interface.
2.4 - “Climatiq Climate Impact Database” is a part of Services; a database of climate impact datasets created by Climatiq, available at https://www.climatiq.io/data/source.
2.5 - “Climatiq Data Partner Terms” means Data-specific license restrictions on use of certain datasets by User provided by Climatiq Data Partners, available at: https://www.climatiq.io/partner-terms/overview.
2.6 - “Climatiq Data Partners” means third party providers, which may demand a license fee for access to specific datasets not available as part of the standard data provided by Climatiq.
2.7 - “Confidential Information” means trade and business secrets, the existence and content of the business relationship between the Parties, data, know-how, expertise of a scientific, technical, engineering, operational, marketing, commercial or economic nature, or other information that is non-public, marked as confidential or confidential by its nature, and disclosed or made available from one Party to the other. For clarity, Activity Data in anonymised, aggregated form that cannot be traced back to User, shall not fall under the definition of Confidential Information.
2.8 - “Party” means either Climatiq or User.
2.9 - “Price List” means price list of Services available on Climatiq’s website https://www.climatiq.io/.
2.10 - “Results” means emission estimates and/or impact assessments and/or further data and/or outcome of Climatiq’s carbon calculations provided to User by Climatiq, based on information transferred to Climatiq by User, including, but not limited to, Activity Data.
2.11 - “Service Order” means an agreement concluded between Climatiq and User specifying additional terms applicable to the Parties during the contractual term.
2.12 - “Services” means services and products (including related support) provided by Climatiq, including, but not limited to, Climatiq Climate Impact Database, carbon calculation engine, calculation methodologies, consulting services and platform features that allow for the calculation of climate impact data relating to different products, processes, or otherwise materials and activities based on input data (including, but not limited to, business relevant activity, spend data, product name, or product components) specified on Climatiq’s website https://www.climatiq.io/, which can be accessed via an API, user interface or other remote access options, such as a dashboard or a web application, or 3rd party applications such as Excel or Google Sheets.
2.13 - “Trial Period” means period specified between the Parties for testing Services by User.
2.14 - “User” means any service provider, company, or other entity purchasing and/or using Climatiq’s Services, including, but not limited to, Climatiq’s direct customers, SaaS companies, consultancies, and users utilizing Climatiq’s free plan.
3.1 - Climatiq provides Services as detailed at Climatiq’s website: https://www.climatiq.io/. The specific object of the contract may be defined either by Service Order, or at the self-service option.
3.2 - Services will be received by User via internet connection.
3.3 - For using Services, a user account must be created. Within the registration process, User must accept these GTC by ticking a respective checkbox. User (i) may download certain parts of Services, or (ii) access Services through an internet connection.
4.1 - Unless otherwise agreed, Services shall be used exclusively internally, for the purpose of calculating emissions or climate impact assessment for reporting and/or disclosure, where User is explicitly prohibited from using, or allowing others to use the Services, or any parts thereof, for or on behalf of or to the advantage of third parties for the purposes primarily related to or directed towards commercial advantage or monetary compensation.
5.1 - Climatiq is responsible for providing solely the IT infrastructure of Services, where Climatiq is not responsible for (i) establishing and maintaining the data link between User's IT system and Climatiq data centre or its subcontractor's data centres that host the software related to provision of Services (ii) malfunctions beyond such data link.
5.2 - The provision of the necessary internet access is not part of the contractual relationship. User is responsible for the procurement and maintenance of the necessary hardware and connections to public telecommunications networks. The costs of setting up the online connection and maintaining it on User's side shall be borne by User. Climatiq is not liable for the security, confidentiality, or integrity of data communication, which is conducted via third party communication networks. Climatiq is also not liable for malfunctions in data transmission caused by technical errors or configuration problems on the side of User.
5.3 - Unless otherwise agreed, Climatiq grants User a simple, non-transferable, non-sublicensable, revocable right, restricted to the term of the respective individual contract, to use the Services in accordance with these GTC and according to, and only for, the contractual purpose provided by section 1.1 of these GTC, and/or, if applicable, a Service Order. In particular, subject to section 4 of these GTC, or, if applicable, a Service Order, User (i) is not entitled to make Services available to third parties, to copy, modify, decompile, reverse engineer, process Services beyond the agreed scope, or otherwise circumvent technical protections of Services or Climatiq’s licensing framework, and (ii) shall not, or permit any third party to, (re)sell, sublicense, transfer or distribute Services or any part thereof or to extract, export, scrape or otherwise collect and remove content for use outside of the agreed contractual purpose.
5.4 - Climatiq may monitor the proper contractual use of Services by adopting suitable technical measures in compliance with data protection laws. Such measures may include, for instance, restricting or blocking access, or deleting User content.
5.5 - Unless otherwise agreed, User shall not use, or permit others to use, Services, or any part thereof, including, but not limited to, Climatiq’s Climate Impact Database and/or the carbon calculation engine, for the purpose of machine learning or to otherwise train artificial intelligence technologies to generate output, including, without limitation, (i) technologies that can generate carbon emission calculations by mapping Activity Data, or otherwise business activity, to emission factor datasets, or (ii) technologies that utilise artificial intelligence for the purpose of emission factors matching and/or providing emission estimates of products, components, activities, or otherwise materials and processes, where artificial intelligence and machine learning shall be understood according to the definitions provided by Regulation (EU) 2024/1689 (AI Act).
5.6 - User agrees to abide by the underlying license terms of any dataset included in Climatiq Climate Impact Database, including Climatiq Data Partner Terms passed on by Climatiq to User, provided such dataset is accessed and utilized by User. Climatiq engages in commercially reasonable efforts to accurately provide information about the underlying license of each dataset available in Climatiq Climate Impact Database; however accuracy of this information cannot be warranted by Climatiq. If a provision of these GTC conflicts with the license or otherwise terms of a dataset, including Climatiq Data Partners Terms, the license and/or terms of the dataset shall prevail with respect to the applicable dataset. Notwithstanding anything to the contrary provided by section 5.9 of these GTC, Results obtained on the basis of datasets provided by Climatiq Data Partners shall, where applicable, be subject to terms provided by Climatiq Data Partner Terms.
5.7 - User is obliged to disclose the original source of each data point provided by Climatiq in User’s tool or report.
5.8 - Additional terms may, if agreed between the Parties, be specified in a Service Order, and where in case of conflict between terms provided by an applicable Service Order and these GTC, the terms contained in a Service Order shall prevail.
5.9 - As to any Result, User shall obtain all rights of use, subject to additional terms provided by these GTC, in particular section 7.2 and this section 5, and, if applicable, restrictions provided by Climatiq Data Partner Terms.
5.10 - Unless otherwise agreed, access to Services is granted exclusively to User through Access Credentials, where User is obliged to keep Access Credentials confidential, to protect them against unauthorized access, and to use them solely for User’s own access to Services, where User shall not disclose, share, transfer, sell, license or otherwise make Access Credentials available to any third party, whether permanently or temporarily, and whether for consideration or free of charge. User shall not permit or enable any third party to access or otherwise use Services or any associated functionalities through User’s account.
5.11 - As far as Climatiq offers access to, or Services based on or working with, artificial intelligence (“AI”), where AI shall be understood according to the definition provided by Regulation (EU) 2024/1689 (AI Act), the following subsections apply:
5.11.1 - Climatiq is not obliged to check accuracy, quality and legality of:
5.11.1.1 - the “Input”, meaning data, information, documents and any other content provided to Climatiq by User of Services, and;
5.11.1.2 - the “Output”, meaning data, content, or materials that are generated, produced, or created for User by Services.
5.11.2 - User shall bear sole responsibility for the accuracy, quality and legality of all Input, and for ensuring that the collection, processing, and use of such Input in connection with the use of Services comply with all applicable laws and regulations. User guarantees that it has the necessary rights and/or permissions to provide Climatiq with Input for the purpose of fulfilling the agreement. User shall indemnify Climatiq against any and all third party claims arising out of any willful or negligent breach of this section 5.11.
5.11.3 - Climatiq may use third party AI models to process Input for the purpose of creating and displaying Output in connection with the applicable Services.
5.11.4 - User shall remain solely responsible for any legally relevant declarations made using AI agents (or any related Services), including, without limitation, the conclusion, modification, or termination of contracts. Any declarations or actions made or executed by an AI agent or other AI related, or AI based, Services of Climatiq on behalf of User shall be deemed declarations or actions of User. Climatiq shall not become a party to any legal transaction initiated or concluded using an AI agent or other AI related, or AI based, Service, nor shall Climatiq assume any liability arising therefrom. User acknowledges that such Services act solely as a tool used by User, and that User is solely responsible for verifying the content and legal effect of any declaration made through such Services.Climatiq may use third party AI models to process Input for the purpose of creating and displaying Output in connection with the applicable Services.
5.11.5 - User may, through the applicable software settings, enable an AI agent to carry out certain tasks autonomously without requiring separate authorization from User for each task. Any task carried out by an AI agent based on such authorization shall be deemed to have been carried out with User’s knowledge, consent, and responsibility. User may modify or revoke its authorization through the applicable software’s settings at any time for the future.
5.11.6 - If and to the extent the Output constitutes a protectable work or otherwise gives rise to intellectual property rights (e.g. copyright) of Climatiq, Climatiq grants User a worldwide, perpetual, non-exclusive, transferable, and sublicensable right to use and exploit Output for User’s purposes.
5.11.7 - User hereby grants Climatiq a non-exclusive, non-transferable, non-sublicensable right to use the Input and the Output during the term of the agreement to the extent necessary for the fulfilment of the agreement and for the purpose of improving Services, including the right to store, reproduce, edit, anonymize and transmit Input and Output for such purposes.
5.11.8 - User hereby further grants Climatiq a non-exclusive, non-transferable, sublicensable right to use Input and Output in anonymized form for the purpose of improving Services by means of training AI models, including the right to store, reproduce, edit and transmit Input and Output for such purposes.
6.1 - The contract is entered into upon (i) activation of User’s account by Climatiq (following the account creation) once User expresses explicit acceptance of these GTC pursuant to section 3.3, and Climatiq’s privacy policy available at: https://www.climatiq.io/privacy-policy, by ticking checkbox next to a respective link, or (ii) acceptance of a specific Service Order provided in a text form by Climatiq.
6.2 - Price List on Climatiq’s website does not represent binding offers.
6.3 - If the Parties conclude a Service Order, it shall be binding for the time specified individually, where if no individual duration is specified, an offer included in a Service Order is binding for 14 days from the date a Service Order is transmitted by Climatiq and effectively received by User.
7.1 - To obtain a Result or otherwise make use of Services, User has to transmit data to Climatiq. User authorises Climatiq to make appropriate, lawful and, if applicable, confidential use of all or any such information to the extent required for the provision of Services, where User represents and warrants that all such information provided to Climatiq:
7.1.1 - has been properly and lawfully obtained;
7.1.2 - may properly and lawfully be shared with Climatiq;
7.1.3 - complies with applicable law, and;
7.1.4 - does not infringe any third party rights.
7.2 - Unless otherwise agreed, User grants Climatiq a simple, transferable, sublicensable right to use the data provided by User to Climatiq for the purpose of:
7.2.1 - performing Climatiq’s contractual and legal obligations;
7.2.2 - performing data validation and environmental impact measurement as part of its Services (including to other customers), provided that Climatiq aggregates such data and uses it in aggregated form only, in a way that does not allow tracing its origin, in particular anonymised or censored where necessary;
7.2.3 - improving Climatiq’s services, provided that Climatiq aggregates such data and uses it in aggregated form only, in a way that does not allow tracing its origin, in particular anonymised or censored where necessary.
7.3 - User shall, without undue delay, inform Climatiq about any malfunctions, defects, errors or otherwise disruptions relating to Services, provided to Climatiq in a text form (including email), and, if applicable, provide Climatiq with reasonable assistance in case of such incidents in order to enable their prompt resolution.
8.1 - If the Parties have agreed that Services include provision of Results in the form of emission estimates or other impact assessments, User is obliged to provide the necessary Activity Data to Climatiq.
8.2 - Climatiq shall be entitled to rely upon such Activity Data obtained from User and shall not in any respect be responsible for its accuracy or completeness or have any obligation to verify it.
9.1 - The term of the contract and terminability shall be governed by the provisions of Price List or, if applicable, the individual Service Order. Unless agreed otherwise, the term of any contract begins on the same date as User account is activated pursuant to section 3.3 of these GTC, and has a fixed duration as specified in the applicable price plan, unless User terminates it pursuant to this section 9.
9.2 - Unless agreed otherwise, either Party may terminate the contract with at least 1 months’ notice period to the end of the term. The right to extraordinary termination for a compelling reason by either Party shall remain unaffected, where such compelling reasons for a termination by Climatiq shall include, but not be limited to:
9.2.1 - use of Services by User for the purposes other than the contractual purpose pursuant to section 1 of these GTC;
9.2.2 - serious violation of any obligations of User under these GTC, or, if applicable, a Service Order;
9.2.3 - breach of Climatiq’s intellectual property rights by User, including, but not limited to, copyright violation or through unauthorised use of Climatiq’s trademark;
9.2.4 - unjustified withholding of payment by User for more than 2 weeks after receiving a warning in text form (including email) issued by Climatiq.
9.3 - Termination of the contract shall not prejudice or affect the accrued liabilities or outstanding fees due at termination. Termination shall not affect the continuation of the following sections:
9.3.1 - 7.2 (License granted to Climatiq)
9.3.2 - 10 (Liability, damages, limitation of claims, and indemnity)
9.3.3 - 13 (Data protection and data security)
9.3.4 - 15 (Confidentiality)
9.4 - Upon termination of the contract pursuant to section 9.2 of these GTC, User shall cease to use Services within one month and shall delete, purge and/or otherwise irrevocably destroy any and all complete or partial copies, or any parts thereof, of Services in any form or medium that are in User’s possession or otherwise control, except as may be necessary archival, internal monitoring, auditing, statutory, or otherwise compliance purposes, where at Climatiq’s request, User shall confirm to Climatiq in writing that User has fully complied with the obligations provided by this section 9.4
9.5 - Termination obligations for User pursuant to section 9.4 of these GTC do not affect User's right to retain Results that were generated or retrieved prior to termination, solely for archival, internal monitoring, auditing, statutory, or otherwise compliance purposes, where no further rights in or to Services or underlying data are granted or retained by User post termination.
9.6 - Climatiq shall be entitled, on reasonable advance notice of no less than 14 days and no more than once per calendar year, to verify User’s compliance with obligations pursuant to section 9.4 of these GTC, where such verification may be carried out, if reasonably necessary and proportionate to Climatiq’s interest, by means of an audit conducted by Climatiq or an independent auditor bound by confidentiality obligations. An audit shall be limited to the extent reasonably necessary to verify compliance, conducted within User’s normal business hours, and not unreasonably interfere with User’s business operations, where Climatiq shall bear all direct costs relating to performance of an audit, save where User is found to be in breach of these GTC or a Service Order, in which case User shall bear all cost of the audit. Climatiq shall be obliged to ensure that performance of an audit and all related processes comply with all applicable data protection laws and standards, and where Climatiq shall be obliged to take all appropriate measures to protect User’s trade secrets and Confidential Information in accordance with the German Trade Secrets Act (Gesetz zum Schutz von Geschäftsgeheimnissen).
10.1 - In case of intent or gross negligence of Climatiq or Climatiq’s agents or assistants in performance (Erfüllungsgehilfen), Climatiq is liable according to the provisions of applicable law; the same applies in case of breach of fundamental contract obligations, which shall be understood as obligations the fulfillment of which is essential for the proper execution of the contract and on the observance of which a Party may regularly rely.
10.2 - To the extent the breach of contract by Climatiq is unintentional, Climatiq’s liability for damages shall be limited to the damage typically foreseeable at the time of conclusion of the contract, and shall not exceed an amount equal to twice the annual contract value of the respective contract between the Parties.
10.3 - Climatiq’s liability for intentional or negligent breach of duty resulting in damage to life, limb, or health, shall remain unaffected.
10.4 - User is not entitled to compensation for damages due to restrictions relating to the usability of Services.
10.5 - Climatiq is only liable for the loss of data according to the above paragraphs 10.1 through 10.4 if User could not have prevented this loss by adopting suitable data backup measures.
10.6 - Any liability not expressly provided for by sections 10.1 through 10.5 shall be disclaimed. In particular, Climatiq refrains from any liability with regard to the accuracy of any provided data, including, but not limited to, Climatiq Climate Impact Database, and/or any Result, and disclaims any related implied warranties and representations.
10.7 - Climatiq does not provide any assurances or guarantees in connection with the intended use pursuant to sections 1.1 and 3.1 of these GTC regarding Services and/or their fitness for a particular purpose.
10.8 - Neither Party shall be liable for any failure to perform, or delay in performing, its contractual obligations to the extent that such failure or delay is caused by a force majeure event, where such an event shall be understood as any unforeseeable and extraordinary event occurring outside the reasonable control and operational sphere of the affected Party, for which it is not responsible and whose effects could not have been prevented by exercising reasonable care under the circumstances.
10.9 - Claims of User based on the breach of any duty not consisting of a defect expire, except in the event of Climatiq’s (i) intent or (ii) gross negligence, within one year from beginning of the limitation period. This shall not apply if the damage in question incurred by User involves personal injury. Claims for personal injury become statute-barred within the statutory limitation period.
10.10 - Insofar as third parties assert claims against Climatiq due to infringements of rights attributable to User’s (i) culpable actions and/or (ii) negligence, which are in breach of User’s obligations under these GTC and any applicable Climatiq Data Partner Terms, in particular, if the contractual use of Services or Results by User violates any third party rights, User shall indemnify and hold harmless Climatiq in full against such third party claims. The claim for indemnification against User also includes the costs of the necessary extrajudicial and judicial costs, including the reasonable attorney fees and costs for any expert opinions that may be required.
10.10.1 - For avoidance of doubt, Climatiq shall not be liable for an infringement of third party rights insofar as the infringement is attributable to User’s (i) culpable actions and/or (ii) negligence, that is in breach of these GTC, or otherwise any individual agreement concluded between the Parties, including, but not limited to, a Service Order.
10.10.2 - User shall provide Climatiq with appropriate support taking into account any necessary measures against any such infringement of Climatiq’s rights by third parties, in particular by providing information and ensuring preservation of evidence, taking into account each Party’s Confidential Information.
10.10.3 - User shall support Climatiq in the defence against claims of third parties, insofar as reasonable and necessary to the defence and settlement discussion, or otherwise resolution of the applicable proceedings, at Climatiq’s expense, including through, but not limited to, providing information, documentation, or preservation of evidence.
11.1 - Pricing is subject to Price List or to an individual Service Order. To access Services which are free of charge, Users need to create a user account pursuant to section 3.3 and comply with the policies and restrictions as defined in the respective module. Free options are limited as specified by Price List.
11.2 - Climatiq reserves the right to change the remuneration for the renewal term, subject to a notice period of not less than 6 weeks prior to the end of applicable term and a right to terminate the contract by either Party to the end of the then-current term pursuant to section 9 of these GTC.
11.3 - Climatiq reserves the right to measure the use of its Service by any User and to issue additional charges or disable access for Users in violation of the fair use policy, subject to a respective individual warning notification.
11.4 - Where applicable, VAT is to be added to all prices listed in Price List or individual Service Order.
11.5 - Unless agreed otherwise, any invoice is due for payment within thirty (30) days after receipt of the invoice without any deduction, unless User utilized the self-service option to enter into a contract with Climatiq, which is paid upon conclusion of the contract.
11.6 - Upon expiration of time for payment of the invoice pursuant to section 11.5, User shall be liable for an additional fee payable to Climatiq, which shall amount to 5% of the fee provided by the applicable invoice, unless the failure to pay is attributable to circumstances outside of User’s control not resulting from User’s (i) intent, or (ii) negligence. Climatiq may suspend User's account until full payment including any additional fees is received.
11.7 - The available payment options are detailed by Price List or specified in an individual Service Order. If Price List does not contain any provisions on the payment options, payments can be made via bank transfer or credit card.
12.1 - Trial Period for Services may be agreed upon individually between the Parties for a specific duration.
12.2 - Trial Period automatically ends without any further obligations between the Parties or if during Trial Period User decides to enter into a definitive contract.
12.3 - Notwithstanding anything to the contrary provided by section 5.9 of these GTC, if User decides to not enter into a definitive contract with Climatiq, User shall irrevocably and unconditionally delete or otherwise destroy any and all data and parts of Services provided by Climatiq and/or data generated based on Services provided by Climatiq, including, but not limited to, Results received from Climatiq, except as may be necessary solely for archival, internal monitoring, auditing, statutory, or otherwise regulatory purposes. At Climatiq’s request, User shall confirm in a text form (including email) such deletion/destruction.
13.1 - User is aware of the general risk that transmitted data may be intercepted during transmission. This applies not only to the exchange of information via emails that leave the system, but also to all other data transmissions. For this reason, the confidentiality of data transmitted cannot be guaranteed.
13.2 - Climatiq stores and processes User's personal data in accordance with data protection standards and specifications, and ensures implementation of appropriate security measures required by law, including, but not limited to, Regulation (EU) 2016/679 (GDPR). Applicable Climatiq’s privacy policy is available at: https://www.climatiq.io/privacy-policy.
13.3 - User is obliged to comply with applicable data protection laws with respect to the personal data of third parties.
13.4 - User shall, without undue delay, report to Climatiq any, including suspected, security breaches or otherwise similar incidents related to Services in text form (including email), and, if applicable, provide Climatiq with reasonable assistance in case of such incidents.
14.1 - Climatiq (i) obtains permission to communicate or publicize the existence of business relationship between the Parties, and (ii) obtains a royalty-free, non-exclusive, non-transferable, right and license, restricted in time to the term of the applicable agreement between the Parties, to use and publicly display company name, logo and trademark of User or any of its Affiliates for marketing purposes, provided that such use is accurate and not misleading, where the permission may be revoked by User at any time, subject to a notice issued in a text form to Climatiq (e.g., email).
15.1 - The Parties are obliged to:
15.1.1 - treat other Party’s Confidential Information as strictly confidential, and only use such information for the contractual purpose resulting from this GTC and/or the individual contract with User;
15.1.2 - refrain from passing on or disclosing other Party’s Confidential Information to third parties and to refrain from providing access to Confidential Information to third parties;
15.1.3 - adopt appropriate measures to prevent unauthorised persons from obtaining access to other Party’s Confidential Information, and;
15.1.4 - protect other Party’s Confidential Information against unauthorised access by third parties using appropriate secrecy measures and to comply with the legal and contractual regulations concerning data protection when processing Confidential Information.
15.2 - The obligations listed in section 15.1 do not apply to Confidential Information that:
15.2.1 - was general knowledge or generally accessible to the public before the communication or handover, or that becomes general knowledge or generally accessible at a later date without violating any confidentiality obligations;
15.2.2 - was already known to the receiving party before the disclosing party made the disclosure and it can be demonstrated that no confidentiality obligations were violated;
15.2.3 - was developed independently by a Party without the use or reference of the other Party’s Confidential Information;
15.2.4 - is handed over or made accessible to a Party by an authorised third party without violating any confidentiality obligations;
15.2.5 - must be disclosed due to mandatory statutory provisions or a court decision and/or a decision of an authority;
15.2.6 - a Party has consented to be made public in these GTC or in text form, pursuant to § 126b of the German Civil Code (BGB).
15.3 - Climatiq may disclose the existence, and relevant details of, the contractual relationship to potential investors, banks or other financiers, provided that these are bound to confidentiality obligations equivalent to those of this section 15.
15.4 - The Parties shall ensure through suitable contractual arrangements that the employees, contractors, and sub-contractors working for them shall also, without temporal restriction, refrain from individual use or disclosure of other Party’s Confidential Information. The Parties shall only disclose to employees, contractors, or sub-contractors Confidential Information to the extent such employees or contractors need to know the information for the fulfilment of the contract, while adopting suitable measures ensuring continuous confidentiality of disclosed Confidential Information, including, but not limited to, non-disclosure agreements or similar agreements.
15.5 - The obligations under this section 15 shall continue to apply for a period of three (3) years after the termination of the contractual relationship between the Parties. For information which qualifies as trade secrets, statutory provisions concerning the protection of trade secrets, in particular German Act on the Protection of Trade Secrets (Gesetz zum Schutz von Geschäftsgeheimnissen) shall remain unaffected as long as such information keeps its character as trade secret.
16.1 - Climatiq reserves the right to change or amend these GTC in whole or in part for the following reasons: legal or regulatory reasons, security reasons, to further develop or optimise existing qualities of Services and to add additional qualities, to adapt to technical progress and make technical adjustments and to guarantee the future functionality of the Service provided by Climatiq.
16.2 - Climatiq will inform User of any changes, communicating the specific content of the modified provisions with sufficient advance notice at least one month before the planned changes come into force.
16.3 - User has a right to object within four weeks upon receipt of the notification about changes to these GTC, except where (i) upon change to these GTC, User is not placed in a worse commercial or legal position than upon the time of conclusion of the contract with Climatiq, and (ii) the amendments to these GTC do not affect the main performance obligations of the contract between the Parties. If User objects to the proposed amendment, the contractual relationship between the Parties shall continue under the previous version of the GTC, where upon receiving the objection notice from User, Climatiq shall be entitled to terminate the contract by issuing to User a one (1) month’s prior notice in a text form (including email), and where the notice period shall commence on the date Climatiq receives User’s objection notice to the amendment. If User does not object to the proposed amendment of these GTC within the specified period, the changes are deemed as accepted by User. In the notification, Climatiq will separately inform User about the right to object and the above-mentioned legal consequences of remaining silent.
17.1 - User shall only have a right to set-off, reduce and/or withhold payments against Climatiq if its counterclaim has been legally established, undisputed, or acknowledged by Climatiq. Furthermore, User may only exercise a right of retention if the counterclaim is based on the same contractual relationship. User's right to reclaim remuneration not actually owed shall remain unaffected by the limitation of section 10.9.
17.2 - User acknowledges that in the process of creating Climatiq Climate Impact Database, Climatiq invested substantial amounts of time, effort, and funds to obtain, clean, validate, normalise and make available all data offered within the Services, and, consequently, that Climatiq Climate Impact Database is protected by national and international intellectual property laws, such as copyright laws, and database rights and/or treaties. In light of the foregoing, User acknowledges that Climatiq does not charge User for the data itself (except, where applicable, for datasets provided by Climatiq Data Partners), but for the access to the Climatiq’s Services and related databases, including Climatiq Climate Impact Database. Climatiq and/or Climatiq’s licensors, including, but not limited to, Climatiq Data Partners, retain sole ownership over all intellectual property rights to Services, including, but not limited to, copyright, where no such rights are granted to User utilizing Climatiq’s Services.
17.3 - Each Party shall comply with the legal provisions applicable to the distribution, use and marketing of Services. In particular, neither Party shall not violate antitrust law and shall take all necessary measures to avoid corruption and violations of the rules of fair competition, and shall comply with applicable export and trade laws, as well as any national and international trade restrictions.
17.4 - If any provision of, or the application of any provision of, this GTC or, if applicable, a Service Order, is void, illegal or unenforceable in any jurisdiction, it shall not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction. If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions of these GTC or, if applicable, Service Order or any other agreement concluded between the Parties.
17.5 - In relation to data provided by Climatiq as part of Services, User is aware that such data may be obtained from different sources.
17.6 - All declarations concerning this contractual relationship must be submitted in text form (including e-mail) unless otherwise agreed.
17.7 - No amendment, modification, or variation of these GTC or other binding agreement between the Parties, including, but not limited to, a Service Order, shall be valid or binding unless it is made in text form, expressly refers to these GTC or other applicable agreement binding between the Parties, and is duly signed by the authorized representatives of both Parties.
17.8 - The place of fulfilment and sole place of jurisdiction for all disputes arising from the contractual relationship including these GTC is Berlin, Germany. However, Climatiq is entitled to bring legal action at the registered address of User.
17.9 - The laws of the Federal Republic of Germany apply, with the exception of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG).
Berlin, April 2026
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