Terms and Conditions
1. General information
1.1. These General Terms and Conditions of Use and Contracting (hereinafter, the “Terms” or the “General Terms”) govern access to and use of the website accessible through https://www.kitesg.com/, owned by KIT ESG, S.L., with Tax ID No. B-75.979.096 and registered office at C/ Concejal Muñoz Cerván, 3, Carretera de Cádiz, 29004, Málaga, email address e.villanueva@kitesg.com, registered in the Commercial Registry of Málaga, Sheet MA-188.267 (hereinafter, “KIT ESG”).
1.2. Mere access to the KIT ESG Platform through the website grants the person doing so the status of Client (hereinafter, “Client”) and implies acceptance of these Terms.
1.3. These Terms allow the Client to acquire subscriptions to the services offered by KIT ESG in accordance with any order document, online registration, description, or order confirmation from KIT ESG that refers to these Terms, and establish the basic terms under which such products and services will be delivered. These Terms shall govern the Client’s initial purchase on the Effective Date, as well as any future purchase made by reference to these Terms.
1.4. By accepting this agreement or by accessing or using any service, the Client agrees to be bound by all the terms, conditions, and notices contained or referred to in these Terms, which are legally binding.
2. Effective date
2.1. The “Effective Date” of these Terms shall be whichever is earlier of: (a) the date on which the User first accesses any KIT ESG service through a provisioning, registration, or online ordering process, or (b) the effective date of the first order form that refers to these Terms.
3. Services
3.1. KIT ESG Services consist of an online platform that transforms manual tasks into efficient digital workflows for the management of projects related to sustainability, certifications, and regulations.
3.2. Each Service is provided under a subscription model for a fixed term, as specified in the corresponding Specific Terms or Order Form (“Subscription Term”). KIT ESG may also offer professional services in accordance with the relevant Specific Terms or Order Form.
3.3. The Client may access and use the Services for its own benefit and in accordance with these Terms or the corresponding documentation. Their use is restricted to Authorized Users. The Client shall be responsible for all activities carried out through its accounts and must revoke access in the event that an Authorized User no longer works for the Client.
3.4. To the extent that KIT ESG provides a platform, tools, or applications for the use of the Services, and subject to these Terms, the Client is granted a limited, non-exclusive, non-transferable, and non-sublicensable license during the applicable Subscription Term, solely in connection with the use of the Services.
3.5. If access to APIs is offered, KIT ESG reserves the right to limit such access, including the number of calls or requests allowed. Likewise, KIT ESG may monitor the use of the APIs and restrict access if it considers that such use breaches these Terms, negatively affects system performance, or creates legal or technical risks.
4. Registering as a Client in KIT ESG
4.1. In order to access and/or use the KIT ESG platform, users may register and log in with an email address and password.
4.2. All information provided by the Client must be truthful and accurate, and a secure password must be used. For these purposes, the Client guarantees the authenticity of the data provided as a result of completing the corresponding forms. Likewise, in order to ensure the security and confidentiality of the information, the account is personal and non-transferable.
4.3. At any time, and without prior notice, KIT ESG reserves the right to cancel any transaction and/or terminate the Client’s account where there are suspicions, indications, or evidence that it has been used in breach of these Terms.
5. Subscription term, fees, and payment
5.1. Unless otherwise stated in the relevant Specific Terms or Order Form, each Subscription Term shall automatically renew for additional periods of twelve (12) months, unless either party gives written notice to the other of its intention not to renew at least thirty (30) days in advance.
5.2. All fees shall be set out in the applicable Specific Terms, Order Form, or Commercial Proposal and must be paid by the Client within thirty (30) days following the invoice date, unless (a) the Client uses a credit card, or (b) another condition is expressly agreed in the Specific Terms or Order Form. Payments are non-refundable.
5.3. KIT ESG may modify the applicable fees with at least two (2) months’ prior written notice, which must be communicated by email or through the Client’s Control Panel. If the Client does not accept the new price, it may choose not to renew the Subscription Term in accordance with the terms established in this agreement.
5.4. The Client is responsible for paying the applicable taxes, which are not included in the stated fees. If tax regulations require tax withholding, the invoiced amount shall be increased to ensure that KIT ESG receives the full amount without deductions. Late payments shall be subject to a late fee of 2% per month or the maximum permitted by law, whichever is greater.
5.5. If the Client purchases the Services with a credit card, debit card, or other payment card (“Credit Card”), the following conditions shall apply:
• By providing Credit Card information and accepting the purchase of any Service, the Client authorizes KIT ESG (or its designee) to automatically charge the Client’s Credit Card on the same day of each calendar month (or the nearest prior date if the month has fewer days) during the Subscription Term for all fees accrued as of that date (if any), in accordance with the applicable Specific Terms or Order Form. The Client acknowledges and agrees that the amount invoiced and charged each month may vary depending on the use made of the Services and may include subscription fees for the remainder of the applicable billing period and overage charges from the previous month.
• The Client acknowledges that, for certain Credit Cards, the issuer of the Client’s Credit Card may charge a foreign transaction fee or other charges.
• If a payment is not successfully settled due to the expiration of a Credit Card, insufficient funds, or any other reason, the Client shall remain responsible for any amounts not remitted to KIT ESG, which may, at its sole discretion, (i) invoice the Client directly for the outstanding amount, (ii) continue charging the Credit Card once the Client has updated it (if applicable), or (iii) terminate these Terms.
• The Client may change its Credit Card information at any time by entering the updated information through the “Settings” page in the Control Panel.
• Upon termination or expiration of the Subscription Term, KIT ESG shall charge the Client’s Credit Card (or invoice the Client directly) for any outstanding charges for use of the Services during the Subscription Term. After that period, KIT ESG shall not charge additional amounts to the Client’s Credit Card.
5.6. If the Client’s account is thirty (30) days or more overdue in payment, in addition to any other right or remedy (including, among others, the termination rights set out herein), KIT ESG reserves the right to suspend the Client’s access to the relevant Service (and any related service) without liability to the Client until such amounts are paid in full.
6. Client obligations
6.1. The Client undertakes to use the KIT ESG platform in accordance with these Terms and with the applicable legislation in force.
6.2. The Client is solely responsible for the accuracy, content, and legality of all Client data. The Client represents and warrants to KIT ESG that it has all rights, consents, and permissions necessary to collect, share, and use all Client data as contemplated by these Terms, and that no Client data will violate or infringe (i) any intellectual property, publicity, privacy, or other third-party rights, (ii) any law, or (iii) any terms of service, privacy policy, or other agreements governing the Client’s properties or its accounts with third-party platforms. The Client shall be fully responsible for any Client data submitted to the Services by any person, as if the Client had submitted it itself.
6.3. By way of example only, the Client undertakes to:
• Not use the Services to collect, store, process, or transmit sensitive personal information.
• Not introduce or spread data programs (viruses and malicious software) on the network that may cause damage to the computer systems of the access provider, its suppliers, or third-party internet users.
• Not engage in any unsolicited advertising, marketing, or other activities through the Services, including those that violate anti-spam laws and regulations.
• Not distribute, transmit, or make available to third parties any type of information, element, or content that infringes fundamental rights and public freedoms recognized constitutionally and in international treaties.
• Not carry out actions that may constitute unlawful, illegal, or fraudulent conduct.
• Not distribute, transmit, or make available to third parties any type of information, element, or content that constitutes unlawful or unfair advertising, false or inaccurate content, misleading information, or content of any other kind.
• Not impersonate other Clients using their login credentials for the various services and/or content of the KIT ESG platform.
• Not distribute, transmit, or make available to third parties any type of information, element, or content that constitutes a violation of intellectual and industrial property rights, patents, trademarks, or copyrights belonging to the owners of the KIT ESG platform or to third parties.
• Not distribute, transmit, or make available to third parties any type of information, element, or content that constitutes a violation of the confidentiality of communications and personal data protection legislation.
6.4. The Client undertakes to indemnify KIT ESG against any possible claim, fine, penalty, or sanction that KIT ESG may be required to bear as a result of the Client’s breach of any of the rules of use indicated above. KIT ESG also reserves the right to claim compensation for any damages that may correspond.
7. Intellectual and/or industrial property
7.1. This is a subscription agreement for access to and use of the Services. The Client acknowledges that it only obtains a limited right to the Services and that, regardless of the use of the words “purchase,” “sale,” or similar terms in these Terms, no ownership rights are transferred under this agreement. The Client agrees that KIT ESG or its suppliers retain all rights, title, and interest (including all patent rights, copyrights, trademarks, trade secrets, and other intellectual property rights) in and to the Services, the related documentation, the professional services, all underlying technology and documentation, as well as any derivative works, modifications, or improvements of any of the foregoing, including any feedback that may be incorporated (collectively, “KIT ESG Technology”). Except as expressly set out in these Terms, no rights to the KIT ESG Technology are granted to the Client. In addition, the Client acknowledges that the Services are offered as a hosted online solution and that the Client has no right to obtain a copy of any of the Services.
7.2. The Client may not, nor permit third parties to:
• rent, sublicense, resell, or transfer access to the Services;
• integrate the Services into products or services intended for third parties;
• reverse engineer, decompile, or attempt to access the source code or non-public APIs of the Services, unless expressly permitted by law and subject to prior notice to KIT ESG;
• modify, copy, or create derivative works from the Services or related documentation;
• remove or conceal proprietary notices, including (i) references such as “Developed by KIT ESG” that may appear on the Client’s Properties and (ii) legends in reports or exported data;
• publicly disclose information about the performance of the Services.
7.3. All contents of the Website, including by way of example but not limitation, texts, photographs, graphics, images, icons, technology, software, links, and other audiovisual or sound content, as well as its graphic design and source codes, are the intellectual property of KIT ESG or third parties, and none of the exploitation rights recognized by current intellectual property regulations over them shall be understood to have been assigned to the Client.
7.4. The trademarks, trade names, or distinctive signs published on the Website are owned by KIT ESG or third parties, and no rights over them shall be understood to have been assigned to the Client.
7.5. The Client is authorized to print and download extracts from this Website, provided that this is done as follows:
• the documents or related graphics included on this Website are not modified in any way;
• no graphic included on this Website is used separately from the accompanying text; and
• LRQA copyright and trademark notices, together with this authorization notice, appear in all copies.
7.6. Unless otherwise stated, the copyright and other intellectual property rights in the material contained on this Website (including, without limitation, photographs and graphic images) are owned by KIT ESG. Any use of extracts from this Website other than in accordance with the previous paragraph is prohibited.
8. KIT ESG liability
8.1. KIT ESG shall not be held liable and is exempt from all liability, to the extent permitted by applicable law, in relation to access to and use of this Website, including, without limitation, liability for errors, inaccuracies, omissions, or misleading or defamatory statements.
8.2. KIT ESG undertakes to adopt commercially reasonable measures to ensure the proper functioning of the platform. However, the platform is provided “as is,” and neither KIT ESG nor its suppliers make any warranty, express or implied, statutory or otherwise, including, among others, warranties of merchantability, title, fitness for a particular purpose, or non-infringement. KIT ESG does not guarantee that the Client’s use of the platform will be uninterrupted or error-free, nor does it guarantee that it will review the Client’s information to verify its accuracy or that it will preserve or maintain the Client’s information without loss or corruption, nor against unlawful intrusion by a third party or the introduction of viruses into the Client’s account or IT system.
8.3. In the event of any liability attributable to KIT ESG, it shall only be liable for damages effectively and directly caused by it, and KIT ESG’s total liability to the Client shall not exceed the amount actually paid by the Client to KIT ESG.
8.4. Where KIT ESG provides links to other content or includes directories or search tools for content, suggestions, or invitations within its own content, the Client acknowledges that such links or third-party websites are not owned or controlled by KIT ESG. KIT ESG has no control over such websites and assumes no responsibility for them. For this reason, we recommend that the Client read the terms and privacy policies of all third-party websites or online services visited.
9. Data protection
9.1. The Client may consult information about how we process personal data by accessing our Website.
10. Notifications
10.1. Both parties shall use email as the preferred means of notification or through general or individual notices published on the KIT ESG platform.
11. Queries, complaints, and information requests
11.1. If the Client wishes to send us a query, complaint, suggestion, or information request, you may write to us at the email address.
12. Modification of the Terms and other content
12.1. These Terms shall be available to the Client on the KIT ESG Website.
12.2. KIT ESG reserves the right to modify these General Terms at any time, notifying Clients by publishing the updated/modified Terms on the Website. If, once we publish a new version of these Terms and Conditions, you continue using the platform, we will understand that you accept the new Terms and Conditions and that you will be bound by them.
12.3. KIT ESG also reserves the right to modify at any time the presentation, configuration, and location of the Website, as well as the content and the conditions required to use them.
12.4. If any clause included in these Terms is declared wholly or partially null or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null or ineffective, while these Terms shall remain in force in all other respects, and such provision shall be deemed wholly or partially not included.
13. Applicable law and jurisdiction
13.1. These Terms are governed by Spanish common law. The parties submit, for the resolution of any disputes that may arise, to the courts and tribunals of the Client’s domicile. The European Commission provides an online dispute resolution platform where consumers may submit their complaints.