Effective Date: 10 December 2024
These Terms and Conditions ("Terms") govern your access to and use of the Alpha Eco website (the "Website") and the Alpha Eco software-as-a-service platform and related services (collectively, the "Services") provided by Alpha Eco ("we," "us," or "our"). By accessing our Website or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Website or the Services.
Alpha Eco provides a platform for generating Environmental, Social, and Governance (ESG) reports, including reports aligned with Hong Kong Exchanges and Clearing Limited (HKEX) standards. Our platform leverages artificial intelligence and the data you provide (e.g., past ESG reports, current data files) to produce ESG-related outputs.
The quality, accuracy, and completeness of any generated report depend on the quality and completeness of the data you upload. We do not guarantee that any report will meet your specific objectives or yield particular results. You accept full responsibility for how you use any generated reports.
The information and reports generated by the Services are for informational purposes only. Alpha Eco is not a law firm, accounting firm, investment advisor, or professional consultancy. The Services do not constitute legal, financial, accounting, or other professional advice. You should seek independent professional guidance before relying on any report or information generated by the Services.
You may use the Website and Services only for lawful purposes and in accordance with these Terms. You must not upload or provide data that infringes third-party rights or violates any applicable laws or regulations.
By using the Services, you grant Alpha Eco the right to access, process, store, and use the data or documents you upload for the purpose of providing and improving the Services. You represent and warrant that you have all necessary rights, permissions, and consents to upload the data. You are responsible for ensuring compliance with all applicable data protection and privacy laws.
You assume all liability for the legality, reliability, and appropriateness of the data you provide. You shall not upload any data without the required legal authority or necessary consents.
You are solely responsible for ensuring that your use of the Services and any resulting reports comply with all applicable laws, regulations, and industry standards, including ESG reporting requirements.
While we strive to maintain reliable Website and Services, occasional downtime, delays, errors, or software bugs may occur without prior notice.
We do not warrant that the Website or Services will be uninterrupted, error-free, or free from defects. Such issues do not entitle you to refunds or compensation unless we decide otherwise at our sole discretion.
Certain Services may require payment. You agree to pay all applicable fees as set forth in a separate invoice, order form, or subscription agreement.
Some Services operate on a quota-based system. The quota used increases by one each time you download a generated report or take comparable actions. Monitoring and managing your quota usage is your responsibility.
Unless otherwise required by applicable law, we do not provide refunds for any reason, including but not limited to dissatisfaction with report quality, service downtime, or software bugs.
All intellectual property rights related to the Website and Services, including software, trademarks, designs, methodologies, and proprietary materials, remain the exclusive property of Alpha Eco or its licensors.
You retain all rights to your original data. By uploading data, you grant us a non-exclusive, worldwide, royalty-free license to use it as necessary to provide, maintain, and improve the Services.
You agree not to disclose any proprietary or confidential information related to Alpha Eco's software, methodologies, algorithms, documentation, or business operations. Your confidentiality obligations shall survive the termination of these Terms.
Alpha Eco reserves the right (but has no obligation) to review, remove, or disable access to any data or content provided by you that violates these Terms or applicable law, at its sole discretion, without notice and without liability.
The Services may integrate with or reference third-party services, products, or tools. Alpha Eco does not endorse, guarantee, or assume responsibility for any third-party services. Your use of third-party services is at your own risk and subject to their separate terms and conditions.
The Website and Services, including any reports generated, are provided on an "as is" and "as available" basis without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement.
To the fullest extent permitted by law, Alpha Eco shall not be liable for indirect, incidental, consequential, punitive, or special damages arising out of or related to your use or inability to use the Website or Services, even if advised of their possibility.
Alpha Eco's total liability for all claims arising from or related to the Website or Services shall not exceed the amount you paid for the Services in the one (1) month preceding the event giving rise to liability.
You acknowledge that you bear sole responsibility for verifying the accuracy, completeness, and suitability of any report generated by the Services before relying on it or using it for compliance, decision-making, or any other purpose.
You agree to defend, indemnify, and hold harmless Alpha Eco, its officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to (i) your breach of these Terms; (ii) any data you upload; or (iii) your violation of applicable laws or regulations.
We may suspend or terminate your access to the Website or Services at any time, with or without cause, upon notice to you. No refunds will be provided upon termination.
Upon termination, all rights granted to you under these Terms cease. Provisions intended to survive termination (such as those relating to intellectual property, liability, confidentiality, and indemnification) remain in effect.
Alpha Eco shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, government actions, labor disputes, equipment failures, or interruptions in internet service.
The Contract is governed by and must be interpreted in all respects in accordance with the laws of Hong Kong SAR. The Contract is not governed by the United Nations Convention on Contracts for the International Sale of Goods. Any claim or dispute arising out of the Contract shall be submitted to the exclusive jurisdiction of the Courts of Hong Kong SAR.
Alpha Eco may provide notices by posting them on the Website, sending an email to the address associated with your account, or by mail. Such notices shall be effective on the date posted or sent.
Alpha Eco may assign, transfer, or delegate its rights and obligations under these Terms without your consent. You may not assign or transfer these Terms or any rights herein without Alpha Eco's prior written consent.
These Terms do not create any rights in favor of any third parties who are not expressly a party to this agreement.
If any provision of these Terms is held invalid or unenforceable, that provision shall be modified or severed to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
No waiver of any breach of these Terms constitutes a waiver of any subsequent or other breach.
These Terms constitute the entire agreement between you and Alpha Eco regarding your use of the Website and Services, superseding all prior agreements or understandings.
We may revise these Terms from time to time. Changes become effective upon posting the updated Terms on the Website. Your continued use of the Website or Services after any changes constitutes acceptance of those changes.
BY ACCESSING OUR WEBSITE OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.