Terms of Service(s)
1. Introduction
Compera AS (“Compera”, “us” or “our”) offers an easy-to-use software-as-a-service platform for seamless sustainability data sharing and value chain comparison (the “Service”). A general description of the Service, its features and functionality is available on Compera’s website.
These Compera Terms of Service (the “Terms”) govern the relationship between Compera and users of our Services who do not hold a Service subscription (the “User”, “you” or “your”), such as Users invited to report data in the Service on behalf of one of our paying customers (the “Customer”). Compera and the User are each a “Party” and collectively referred to as the “Parties”.
If you, or an entity with which you are affiliated, have entered into an order form with Compera for a subscription to our Service, your use of the Service will be governed by that order form and any terms incorporated or referenced therein, or as otherwise agreed upon with respect to that subscription.
2. Acceptance of the terms
By creating an account or otherwise accessing or using Compera’s Service, you confirm that:
a) you have read, understood, and accept to be bound by these Terms;
b) you are at least 18 years old or of legal age in your jurisdiction;
c) to the extent you are acting on behalf of an entity, that you have the authority to bind such entity to these Terms.
3. Use of our Services
Registration and access
The User shall provide accurate and complete information when registering an account in the Service. The User is responsible for maintaining the confidentiality of its login credentials and for all activity that occurs in and through its account. If you suspect unauthorized access to your account, you must notify us immediately.
License to use the Service
Subject to the User’s compliance with these Terms, Compera grants to the User a limited, non-exclusive, non-sublicensable and revocable license to access and use the Service solely for the purpose of uploading, sharing and administering of reporting data in accordance with the functionality and purpose of the Service as further described on Compera’s website, including in order to report data to a Customer who has requested it.
Acceptable Use Policy
When using our Service, the User will not, nor permit anyone acting on its behalf or a third party, to:
a) use the Service for unlawful purposes or in violation of applicable laws and regulations;
b) misuse the Service, including but not limited to, engaging in the following prohibited activities: (i) accessing the Service using unauthorized methods; (ii) attempting to reverse-engineer, disassemble, duplicate, modify or create derivative works of the Service or any part thereof, including any software used to deliver or operate the Service, or otherwise attempt to discover any source code or modify the Service in any manner or form; (iii) attempt to undermine the security or integrity of the systems or networks of Compera or those of any third-party engaged by Compera including but not limited to by uploading malicious code, viruses, or other forms of malware; (iv) uploading content that infringes the rights of others; and (v) attempting to gain unauthorized access to any functionality or materials other than those to which the User has been given express permission to access by the Customer or Compera.
4. User Data
For the purposes of these Terms, “User Data” means any material or information submitted to the Service by the User, including information related to the User’s business.
The User is solely responsible for any and all User Data the User uploads to the Service. You warrant that (i) you have all rights necessary to upload such User Data to the Service and to grant the rights below with respect to User Data and (ii) such User Data, or the use of it by Compera or the Customer(s) on whose behalf you submit the User Data to, does not violate these Terms, applicable law or the intellectual property rights or other rights of others. Compera reserves the right to edit, remove or disable User Data, at our sole discretion, if the User Data breaches these Terms.
By uploading User Data to the Service, the User grants Compera a right to access and use such data for purposes including but not limited to, providing the Service, including the features, material and functionality therein; share such data to the Customer(s) on whose behalf the User submits the User Data; development and improvement of the Service; marketing and commercial purposes; and producing statistics intended for publication. For the avoidance of doubt, Compera shall have the right to use User Data to compare and rank the User against other suppliers in the same industry and to display this ranking information to (i) the Customer to whom the User has reported and (ii) to other suppliers who are paid users of the platform and report to the same Customer(s) within the same industry. The User Data will be identifiable in the ranking information only for the Customer to whom the User has reported; otherwise, it will remain completely anonymous to other paid users on the platform.
Compera shall be entitled to retain and use User Data on a permanent basis and for all purposes, provided that the User Data is anonymized.
For the purposes of these clauses, anonymization means that (i) all personal data has been removed, and (ii) the company to which the data pertains cannot be identified.
5. Fees and Payment
The access to the Service granted under these Terms is provided free of charge. Some features or tiers of the Service may require payment. If you purchase access to a paid subscription or functionality or add-ons that incur a fee, the Parties shall enter into a separate agreement which replaces these Terms (generally in the form of an order form which includes Compera’s standard terms and conditions for Customers).
6. Termination
We reserve the right to terminate or suspend your access to the Services without notice if you violate these Terms, engage in any prohibited activities, or for any other reason at Compera’s sole discretion, including but not limited to in the event of any of the following:
a) Non-payment of fees;
b) Engagement in fraudulent or illegal activities;
c) Misuse of the Service or violation of Compera’s intellectual property rights;
d) Failing to comply with our acceptable use policies.
7. Changes
Changes to the Service
Compera may at any time make such further developments or changes to the Service as Compera deems fit, at Compera’s sole discretion.
Changes to the Terms
We may update these Terms from time to time. The revised Terms will be effective when posted on our website. Continued use of the Services after such changes constitutes acceptance by the User of the revised Terms.
8. Intellectual Property Rights
Title and all rights, including all intellectual property rights, in and to the Service and any parts thereof (including, without limitation, all improvements, modifications, extensions, customizations and other derivative works of the Service) is and shall remain the exclusive property of Compera and its third-party licensors (as applicable). The User acknowledges that content explicitly marked as owned by third parties is subject to their respective licensing terms.
Users are not permitted to copy or distribute platform content without prior notification and consent from Compera, with proper credit given to Compera as the source. Additionally, modifying or creating derivative works based on such content is strictly prohibited without explicit permission from Compera or the relevant rights holders.
9. Disclaimer Of Warranties and Limitation Of Liability
Disclaimer of warranties
While we strive to provide uninterrupted access to our Service, we cannot guarantee that they will always be available or free from errors. We aim to maintain high standards of service, but occasional interruptions, downtime, or issues may arise due to maintenance, updates, or technical difficulties. To the extent permitted by applicable law, any access granted to the Service to the User by Compera is provided on an “as is” and “as available” basis only. Compera is not liable for any errors in any third-party software integrated in or connected to the Service.
Compera makes no warranties or representations regarding the accuracy or completeness of data submitted by the User, other users, Customers, partners or other third parties having submitted data to the Service. Compera makes no representations or warranties that any content or material processed and displayed by Compera based on User Data or other data will be completely accurate or represent a complete picture of the User and its activities or status.
The User acknowledges that while the Service is designed to facilitate sustainability data sharing and value chain comparison by way of, inter alia, supplier questionnaires and scores based on regulatory requirements, the Service shall under no circumstances be considered as legal, financial, tax or similar advice, and the Service shall in no event be considered a substitute for such advice by a qualified professional. Nor does Compera warrant or guarantee that use of the Service will guarantee the User’s compliance with any regulatory requirements.
Limitation of liability, indemnification
To the maximum extent permitted by applicable law, Compera is not liable for any indirect, special, incidental, punitive, exemplary or consequential damages resulting from or related to the User’s use of the Service, including without limitation, loss of data, interruption of business, loss of profits and lost revenue arising out of the Terms. For the avoidance of doubt, in no event shall Compera be liable for any losses that the User may incur due to any sustainability score or rating generated through the use of the Service (if applicable).
Compera shall not be liable for any failure of the User to meet its reporting obligations or for any inaccuracies in the User Data reported through the Service. Any use of and reliance on the any data or content submitted to or displayed in the Service is entirely at the User’s own risk. Compera shall not be held liable for any decisions or actions taken by the User or any of the Customers on whose behalf the User reports data through the Service, based on the data or content processed or provided by the Service. The User assume full responsibility for such decisions or actions and agrees to indemnify and hold Compera harmless from any claims, damages, or losses arising therefrom.
In no event shall Compera’s total and aggregated liability under these Terms exceed the total fee for a one-year subscription.
10. Third-Party Links and Content
The Service may contain links to third-party websites or services. These external sites are not operated or controlled by Compera, and while we conduct internal audits and compliance checks of our sub-contractors and partners, Compera does not endorse or take responsibility for the content, practices, or policies of these external sites. We encourage users to review the terms and policies of any third-party sites users visit.
The User acknowledges that certain items of the Service are subject to “open source” or “free software” licenses (“OSS”) and that such OSS is owned by third parties and subject to certain license requirements in the relevant OSS license.
11. Data Protection and Security
Compera’s Privacy Notice explains how we collect and use personal data. Please note that when you use the Service to report data to a Customer to whom you are a supplier or have an affiliation at such Customer’s request, that Customer is the data controller with respect to any processing for its own purposes of any personal data contained in the data submitted. In such case, it is the Privacy Notice of such Customer that applies. Compera acts in this case solely as a data processor, processing personal data on behalf of the Customer.
12. Assignment
The User may not assign or transfer the Terms and/or any rights and/or obligations under the Terms to any third parties, without the prior written consent of Compera.
Compera reserves the right to assign or transfer their rights and/or obligations under the Terms at its sole discretion.
13. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with Norwegian law. Any dispute, controversy or claims arising from these Terms shall be subject to the jurisdiction of the Norwegian courts, with Stavanger District Court (Stavanger tingrett) as legal venue.
14. Contact Us
If you have any questions or concerns about this Terms of Services, please contact us at:
Compera AS
support@compera.no
Byfjordparken 15
4007 Stavanger
Norway.