Terms And Conditions

Last Updated: November 3, 2025

These Terms and Conditions ("Terms") govern your access to and use of the KnowESG website and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

Important: If you are a consumer in the European Union or Netherlands, certain provisions of these Terms may not apply to you, as described below. You retain all mandatory consumer protection rights under applicable law.

1. Definitions

To ensure clarity, the following terms have specific meanings:

• - "Company," "we," "our," or "us" refers to KnowESG, Goereestraat 6, Amsterdam, Netherlands (KVK Number: [insert], VAT Number: [insert if applicable])
• - "You" or "User" means any person or entity accessing or using the Service
• - "Consumer" means an individual acting for purposes outside their trade, business, craft, or profession
• - "B2B Customer" means a business or professional user
• - "Service" means the KnowESG website (https://knowesg.com), platform, and all related services
• - "Content" means all information, data, text, software, graphics, and materials available through the Service
• - "Personal Data" has the meaning set forth in the GDPR (Regulation 2016/679)

2. Acceptance of Terms

By accessing or using the Service, you represent that:

• - You are at least 16 years of age
• - You have the legal capacity to enter into these Terms
• - If you are between 16-18 years old, your parent or legal guardian has consented
• - If acting on behalf of a business, you have authority to bind that entity

Continued use of the Service after we post changes to these Terms constitutes your acceptance of the updated Terms.

3. Changes to These Terms

Material Changes Notification:

We may update these Terms from time to time. If we make material changes, we will notify you at least 30 days before the changes take effect by:

• - Posting the new Terms on the website with a prominent notice
• - Sending you an email notice (if you have provided an email address)

Material changes include modifications to:

• - Limitations on liability or warranties
• - Dispute resolution procedures
• - Data processing practices
• - Fee structures or payment terms

Your Options:

If you do not agree to the updated Terms, you may terminate your account without penalty before the effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

Change Log:

Version history is available at [link to archive] for transparency.

4. License to Use the Service

Grant of License:

KnowESG grants you a non-exclusive, non-transferable, limited license to access and use the Service in accordance with these Terms. This license is personal to you and may not be sublicensed, transferred, or assigned to any third party.

License Restrictions:

You may not:

• - Modify, copy, distribute, transmit, display, or create derivative works from the Service
• - Reverse engineer or attempt to extract source code
• - Use automated tools (bots, scrapers) without written permission
• - Circumvent security measures or access restrictions
• - Use the Service for unlawful purposes or to harm others

Revocation:

KnowESG may revoke this license:

• - (a) For material breach of these Terms, after 30 days' written notice and opportunity to cure (except for fraud or abuse)
• - (b) Immediately if you violate applicable law or engage in conduct that threatens the security or integrity of the Service
• - (c) Upon termination of your account per Section 10

Upon revocation or termination, your license immediately ends, and you must cease all use of the Service and delete any downloaded content.

5. User Accounts

Account Creation:

To access certain features, you may need to create an account. You agree to:

• - Provide accurate, current, and complete information
• - Maintain the security of your password
• - Notify us immediately of any unauthorized access
• - Accept responsibility for all activities under your account

Age Requirement:

You must be at least 16 years old to create an account. Users between 16-18 years old may require parental consent for certain data processing activities, as described in our Privacy Policy.

6. Intellectual Property Rights

Ownership:

All Content, trademarks, service marks, logos, and intellectual property rights in the Service are owned by or licensed to KnowESG. No ownership rights are transferred to you by using the Service.

User Content:

You retain ownership of any content you submit to the Service. By submitting content, you grant KnowESG a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content solely to operate and improve the Service.

Feedback and Suggestions:

If you voluntarily submit feedback, suggestions, or ideas for improving the Service ("Feedback"), you grant KnowESG a non-exclusive, royalty-free license to use such Feedback for service improvement purposes. You may opt out by emailing info@knowesg.com. This provision does not apply to your Personal Data, which is governed by our Privacy Policy.

7. User Conduct and Prohibited Activities

You agree not to:

• - Violate any applicable laws or regulations
• - Infringe third-party intellectual property rights
• - Transmit harmful code (viruses, malware, trojans)
• - Harass, threaten, or impersonate others
• - Spam, solicit, or engage in commercial activities without permission
• - Interfere with the proper functioning of the Service
• - Collect user information without consent
• - Engage in fraudulent or deceptive practices

Consequences of Violation:

We may suspend or terminate your account, remove prohibited content, and report violations to law enforcement authorities.

8. Pricing and Payment

Pricing Accuracy:

We strive to ensure accurate pricing. However, if a product or service is listed at an incorrect price due to a genuine typographical or technical error, KnowESG may:

• - Refuse the order or correct the price before confirmation, with immediate notification to you
• - Refund the full amount if your payment has been processed and you request cancellation

Limitations:

We may not correct prices that have been publicly advertised and accepted in good faith by multiple customers, unless the price is manifestly unreasonable (e.g., 99% below market rate).

Compliance:

All pricing complies with Dutch consumer protection rules (ACM guidelines on discount pricing and transparency).

9. Promotions and Contests

Specific promotions, contests, or special offers may be governed by separate terms, which will be clearly displayed when you enter. You are responsible for reviewing these terms before participating.

In case of conflict: Promotion-specific terms will control to the extent of any inconsistency with these general Terms.

10. Account Termination

Termination by You:

You may terminate your account at any time by contacting info@knowesg.com. Upon termination, your license to use the Service ends immediately.

Termination by KnowESG:

We may terminate or suspend your account if:

• - (a) You materially breach these Terms and fail to cure such breach within 30 days of written notice
• - (b) You violate applicable laws
• - (c) You engage in fraud, abuse, or conduct that threatens the security of the Service
• - (d) Required by law or regulatory authority

Notice Requirements:

We will provide at least 30 days' written notice of termination (via email to your registered address), except in cases of:

• - Imminent security threats
• - Repeated serious violations
• - Legal compliance requirements

In such urgent cases, we will provide prompt explanation after termination.

Effect of Termination:

Upon termination:

• - Your license immediately ends
• - You must delete all copies of downloaded content
• - Your Personal Data will be handled according to our Privacy Policy (available for up to 90 days to allow for data export/retrieval requests)

No Refunds:

Unless required by law, fees paid are non-refundable upon termination for breach.

11. Warranties and Disclaimers

Service "As Is":

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• - Warranties of merchantability or fitness for a particular purpose
• - Accuracy, reliability, or completeness of Content
• - Uninterrupted or error-free operation
• - Security of data transmission

Consumer Rights:

For Consumers: Nothing in these Terms excludes or limits your statutory consumer rights under Dutch or EU law, including:

• - Rights to goods/services that are as described, fit for purpose, and of satisfactory quality
• - Rights to remedies for defective products or services
• - Consumer protection rights under the Consumer Rights Directive

Third-Party Services:

We may display or link to third-party content or services. KnowESG is not responsible for the accuracy, completeness, legality, or quality of third-party services. Your use of third-party services is at your own risk and subject to those third parties' terms.

12. Limitation of Liability

Liability Cap:

To the maximum extent permitted by law, KnowESG's total liability arising from or relating to these Terms or the Service shall not exceed the fees you actually paid to KnowESG in the 12 months preceding the claim.

Exclusion of Certain Damages:

KnowESG shall not be liable for indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• - Loss of profits, revenue, or data
• - Business interruption
• - Loss of goodwill

Mandatory Liability:

NOTHING IN THESE TERMS LIMITS KNOWESG'S LIABILITY FOR:

• - (a) Death or personal injury caused by negligence
• - (b) Fraud or willful misconduct
• - (c) Breach of statutory consumer protection rights
• - (d) Any liability that cannot be excluded or limited under applicable law

Consumer Protection:

If you are a consumer, these limitations may not apply to you under Dutch or EU consumer protection law, and you retain all mandatory rights.

13. Indemnification

Your Indemnity Obligation:

You agree to defend, indemnify, and hold harmless KnowESG, its affiliates, directors, officers, employees, and agents from any third-party claims, damages, losses, or expenses (including reasonable attorneys' fees) arising solely from:

• - (a) Your violation of applicable law
• - (b) Your infringement of third-party intellectual property rights
• - (c) Your material breach of these Terms

Limitations:

This indemnification does not apply to claims arising from or contributed to by:

• - KnowESG's negligence or willful misconduct
• - KnowESG's violation of law
• - Defects in the Service

Consumer Protection:

If you are a consumer, this indemnification clause applies only to the extent permitted by law and does not limit your statutory rights.

14. Data Protection and Privacy

Personal Data Processing:

To the extent KnowESG processes Personal Data in connection with the Service, such processing is governed by our Privacy Policy (available at [link]).

Your Rights:

You have rights under the GDPR, including:

• - Right of access to your Personal Data
• - Right to correct inaccurate data
• - Right to erasure ("right to be forgotten")
• - Right to data portability
• - Right to object to processing
• - Right to withdraw consent

B2B Data Processing:

If you are a business engaging KnowESG as a data processor (i.e., we process data on your behalf), a separate Data Processing Agreement (DPA) must be executed.

For more information: See our Privacy Policy or contact our Data Protection Officer (if appointed) at [email].

15. Copyright and Intellectual Property Infringement

Copyright Notice:

If you believe that content on our website infringes your copyright, please send a notice (in English or Dutch) to info@knowesg.com containing:

• Your name, contact information, and legal authority
• Identification of the allegedly infringing content (with URL)
• Description of your copyrighted work and how it is being infringed
• A statement that you have a good faith belief the use is not authorized
• A declaration under penalty of perjury that the information is accurate
• Your signature (electronic signature acceptable)

Response:

Upon receipt of a valid notice, we will investigate and remove infringing content where applicable, in compliance with EU Directive 2001/29/EC on copyright in the information society.

16. Dispute Resolution

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to conflict of law principles.

Consumer Rights:

For Consumers: If you are a consumer in the EU or Netherlands, you may also have rights under the laws of your country of residence that provide greater protections. Such rights are not waived by these Terms.

Jurisdiction:

For B2B Customers (Business Users):

Any disputes arising from these Terms shall be resolved by the competent courts of Amsterdam, Netherlands, unless mandatory law provides otherwise.

For Consumers:

If you are a consumer, you may bring proceedings:

• - (a) In the courts of your country of residence, OR
• - (b) In the courts of Amsterdam, Netherlands

KnowESG may only bring proceedings against consumers in the consumer's country of residence.

Alternative Dispute Resolution (ADR):

For Consumers: Before initiating legal proceedings, you may use the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr or contact your national consumer authority for assistance with resolving disputes.

Arbitration (Optional for B2B Only):

B2B customers may choose binding arbitration through a mutually agreed arbitration body. Arbitration is not mandatory and requires a separate written agreement.

Important: The arbitration clause in earlier versions of these Terms (requiring AAA arbitration) has been removed for consumer compliance. Consumers always retain the right to choose court proceedings.

17. Limitation Period for Claims

Time to Bring Claims:

Any legal action or proceeding arising out of these Terms or your use of the Service must be commenced within five (5) years from the date the cause of action accrues, or within such longer period as required by applicable law.

Consumer Rights:

This limitation period does not apply to claims that cannot be limited by law, including statutory consumer protection claims. Under Dutch law (Article 3:310 Civil Code), certain claims may have different limitation periods.

Note: This replaces any shorter limitation periods that may have been stated in earlier versions of these Terms.

18. Miscellaneous Provisions

18.1 Entire Agreement:

These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and KnowESG regarding the Service.

18.2 Severability:

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed. The remaining provisions shall continue in full force and effect.

Note: Certain consumer protection rights cannot be waived and will remain in effect even if other provisions are severed.

18.3 No Waiver:

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right. No waiver shall be effective unless in writing and signed by an authorized KnowESG representative. A single or partial waiver does not waive any other provision or right.

18.4 Assignment:

You may not assign or transfer these Terms or your rights hereunder without KnowESG's prior written consent. KnowESG may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure:

KnowESG shall not be liable for any delay or failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, labor disputes, government actions, or internet/telecommunications failures.

18.6 Headings:

Section headings are for convenience only and do not affect interpretation.

18.7 Language:

These Terms are drafted in English. If translated, the English version prevails in case of conflict.

19. Updates to Services

We may update features, fix bugs, or improve functionality of the Service at any time without advance notice. Such updates do not change your rights or obligations under these Terms unless we separately notify you of changes to the Terms themselves (per Section 3).

20. Contact Information

For questions, disputes, or communications regarding these Terms:

KnowESG

Email: info@knowesg.com

Physical Address: Goereestraat 6, Amsterdam, Netherlands

Company Registration (KVK): [insert number]

VAT Number: [insert if applicable]

Data Protection Officer: [email if appointed]

Phone: [if applicable]

For Consumer Complaints:

Consumers in the Netherlands may also contact:

• - Netherlands Authority for Consumers and Markets (ACM): https://www.acm.nl
• - EU Online Dispute Resolution Platform: https://ec.europa.eu/consumers/odr

Change Log

Version 2.0 (November 3, 2025):

• - Updated to comply with Dutch Civil Code and EU consumer protection laws
• - Removed unenforceable arbitration clause (AAA requirement)
• - Revised liability limitation to preserve mandatory consumer rights
• - Extended limitation period from 1 year to 5 years (Dutch law compliance)
• - Added comprehensive termination notice requirements
• - Clarified license revocation conditions
• - Enhanced data protection and GDPR alignment
• - Added EU ADR/ODR information for consumers
• - Corrected spelling errors and contact information
• - Added comprehensive contact section with company details
• - Improved notification procedures for material changes

Version 1.0 (May 22, 2022):

• - Initial version

Acceptance:

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

*Last Updated: November 3, 2025*