Climethic

Terms and Conditions

These terms of use (“Terms of Use” / “Terms”) apply to Your use of https://www.climethic.com/ (“Website”) operated by Charismatic Attic, GST no. 06AAQFC0792F1ZD, a company with its registered office at L2-18, Park Elite Floors, SF, BLOCK L, Parklands, Sector-84, Faridabad, Haryana 12100 (“Climethic India”) and/or any of its Group Entities (defined below) (hereinafter individually and collectively referred to as “Climethic”, “Company”, “We”, “Us”, “Our”).

We intend to provide you ("Client,” “You”, “Your” or “User”) with the best quality experience (”Services”) on our Website which is hassle free and seamless. Please read these Terms carefully prior to using our Website or any of our Services. These Terms do not apply to any browsing, accessing or transacting by You on any third-party platform, that You may access through this Website or in connection with the Services offered on the Website, or otherwise. By visiting the Website, You accept and agree to be bound by the Terms. These Terms (i) qualify as an electronic record under the Information Technology Act, 2000 read with the rules and regulations made thereunder and is generated by a computer system; and (ii) will not require any physical, electronic, or digital signature.

Please read these Terms and Conditions ("Terms") carefully before using the website www.climethic.com and the Software as a Service (SaaS) and Sustainability Advisory Services (collectively, the "Services") offered by Climethic

By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the website or use any Services.

1. Definitions

"Agreement": These Terms and Conditions, together with any applicable service agreements, proposals, order forms, or other written agreements executed between Climethic and the Client.

“Customer Content" means all information submitted, uploaded, entered or otherwise provided by Customer with regard to Customer’s use of the Product.

"Services": Encompasses both the "Platform" (SaaS) and "Advisory Services."

"Platform": Refers to Climethic's proprietary Software as a Service tools, including any associated software, applications, features, functions, and documentation.

"Advisory Services": Refers to the sustainability consulting and advisory services provided by Climethic, including but not limited to ESG strategy development, reporting support, materiality assessments, carbon management advice, and portfolio solutions.

"Client Data": Any data, information, content, or materials provided or uploaded by the Client to the Platform or provided to Climethic in connection with Advisory Services.

"Confidential Information": Non-public information disclosed by one party to the other, identified as confidential or reasonably understood to be confidential.

2. Acceptance of Terms

By accessing the website, registering for an account, subscribing to the Platform, or engaging Climethic for Advisory Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

3. Services Offered

3.1. Platform (SaaS)

Climethic grants you a non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes as set forth in this Agreement and any applicable Order Form.

Access to the Platform is provided on a subscription basis, the terms of which will be detailed in a separate Order Form or service agreement.

Climethic will use commercially reasonable efforts to ensure the Platform is available, subject to scheduled maintenance and unforeseen circumstances. Specific uptime commitments, if any, will be detailed in a Service Level Agreement (SLA).

3.2. Advisory Services

Climethic provides professional sustainability consulting and advisory services as described in mutually agreed-upon proposals or statements of work ("SOWs").

Advisory Services constitute professional advice and recommendations based on information provided by the Client and Climethic's expertise. Climethic does not guarantee specific outcomes (e.g., particular ESG scores, regulatory approvals, or financial returns) resulting from Advisory Services.

4. User Accounts and Security

You may need to register an account to access certain Services. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to notify Climethic immediately of any unauthorized use of your account.

Climethic is not liable for any loss or damage arising from your failure to comply with these security obligations.

5. Client Responsibilities and Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms.

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Client Data.

You agree not to:

  • Use the Services in any way that violates any applicable local, national, or international law or regulation.
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services or any server, computer, or database connected to the Services.
  • Reverse engineer, decompile, or disassemble any part of the Platform.
  • Resell, sublicense, or otherwise provide the Services to any third party without explicit written permission from Climethic.

6. Payment and Fees

Fees for the Services will be specified in the applicable Order Form or SOW.

You agree to pay all fees and charges in accordance with the payment terms specified in the relevant agreement.

All fees are exclusive of applicable taxes, duties, or levies, which shall be your responsibility.

Climethic reserves the right to modify its pricing for future subscriptions or service engagements upon prior notice.

7. Intellectual Property Rights

Climethic's Property: All intellectual property rights in and to the Platform, the methodology used in Advisory Services, the website, and all content (excluding Client Data) provided by Climethic (including text, graphics, logos, software, and tools) are owned by Climethic or its licensors.

Client Data: You retain all intellectual property rights in your Client Data. You grant Climethic a non-exclusive, royalty-free license to use, reproduce, modify, and display Client Data solely for the purpose of providing the Services to you and as specified in our Privacy Policy.

Deliverables: Any reports, strategies, or other work products ("Deliverables") created by Climethic as part of Advisory Services shall, upon full payment, be licensed to the Client for internal business use as outlined in the SOW. Climethic retains its underlying intellectual property in its methodologies, tools, and general know-how.

8. Confidentiality

Both parties agree to maintain the confidentiality of any Confidential Information disclosed by the other party during the course of the Services.

Confidential Information shall not be disclosed to any third party without the disclosing party's prior written consent, except as required by law.

9. Data Privacy

Climethic's collection, use, and protection of Client Data and personal information are governed by our Privacy Policy .

By using the Services, you consent to the data practices described in our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for more details.

10. Disclaimer of Warranties

Climethic makes no representations about the results to be obtained from using the website, the Climethic systems, the services, the information or the content. The use of same is at your own risk. The website, the Climethic systems, the information, the services and the content are provided on an "As is" basis. Climethic, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose. Climethic and its affiliates, licensors and suppliers make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the web site or the Climethic systems. No information obtained by you from the website shall create any warranty not expressly stated by Climethic in these terms of use.

11. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Climethic, its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the services.

In no event shall Climethic's total aggregate liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you to Climethic for the services in the twelve (12) months immediately preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Climethic, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

13. Termination

Climethic may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, if you breach these Terms.

You may terminate your account or subscription by providing written notice to Climethic as specified in your Order Form or SOW.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law and Dispute Resolution

These Terms and Your use of the Website and Services shall be governed and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of Courts in Haryana.

15. Changes to Terms

We reserve the right to amend these Terms from time to time to ensure that these Terms are consistent with any developments to the Website and Services. You are advised to regularly check for updates and read the Terms that applies to Your access and use of the Website. The most updated version of the Terms can be accessed by You on Our Website, which will be hyperlinked at the bottom of the Website. You are encouraged to visit the Website from time to time to ensure that You are well informed of Our latest policies in relation to the applicable risk to Your use of the Website and Services. All transactions and dealings on the Website shall be subject to the latest version of these Terms in force at the time. You may determine if any such revision has taken place by referring to the date on which these Terms were last updated.

16. Miscellaneous

Entire Agreement: These Terms, together with any Order Forms or SOWs, constitute the entire agreement between you and Climethic regarding the Services.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Waiver: No waiver of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

17. Contact Information

If you have any questions about these Terms, please contact us at info@climethic.com