Terms and Conditions
For the use of the platform and services
Last updated: September 3rd 2026 | Effective date: September 3rd 2026
Generation Impact Global SA, a company incorporated and registered in the Canton of Geneva, Switzerland, with its registered office at Rue de Lausanne 82, 1202 Geneva, registered under CHE-260.384.863 (“Company”, “we”, “us”, or “our”), provides an online platform (the “Platform”) for environmental, social, and governance (ESG) data management, sustainability reporting, impact analytics and utility management, accessible at www.generationimpact.tech. We operate the marketing website at www.generationimpact.global and its related subdomains (the “Website”). The Platform, Website and all related services, advisory support, documentation and materials made available by us from time to time are collectively referred to as the “Services”.
These Terms and Conditions (the “Terms”) form a legally binding agreement between the Company and the business, organisation or other legal entity that obtains or uses the Services (“You”, “Your”, or “Customer”). If You accept these Terms for a Customer, You confirm that You are authorised to bind that Customer. The Services are offered for business and professional use and not for personal or household use. These Terms govern access to and use of the Services whether obtained through our Website, the Platform, a third-party marketplace or API-enabled channel, a separately negotiated Order Form, or an authorised reseller.
You must agree to these Terms to use our Services. By creating an account, clicking “I Accept”, executing an Order Form that incorporated these Terms by reference, or otherwise accessing or using the Services, You confirm that You have read, understood, and agree to be bound by these Terms and, where applicable, our Data Processing Agreement available at https://generationimpact.global/legal/dpa/ . You acknowledge that You have read the Privacy Policy available at https://generationimpact.global/legal/privacy-policy.
If You are entering into these Terms on behalf of a company, organisation, or other legal entity, You represent and warrant that You have the authority to bind such entity to these Terms. In such case, “You” and “Your” shall refer to such entity.
BY ACCESSING OR USING THE PLATFORM OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM OR SERVICES.
Contract formation process (online access and Subscriptions): If You come through our Website, You may first select a plan and register. If You come through a third-party marketplace or API-enabled channel, registration or referral information may be provided through that channel. In either case: (1) we issue credentials for access to the Platform; (2) on first login, You must accept these Terms and acknowledge our Privacy Policy, at which point Your Account is activated on the Freemium Plan by default; (3) to obtain a paid Subscription, You select the Subscription within the Platform; (4) select the available billing frequency and currency; (5) review the order summary, including Subscription Fees and applicable taxes; (6) enter Your payment details, which are processed by Stripe; and (7) click “Confirm and Pay”. Paid Subscription payments are completed within the Platform; we do not accept payment through the marketing Website or the third-party marketplace or API channel. A binding agreement for Freemium access is formed when You accept these Terms on first login. A paid Subscription is formed when we accept Your paid order, as evidenced by successful payment processing and an order-confirmation email. You will receive confirmation of the paid order and access to these Terms in a durable format.
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1. Definitions
“Account” means the user account created by or for You to access and use the Platform and Services.
“Add-On” means any optional feature, module, integration, or additional user capacity that may be purchased separately in addition to Your Subscription plan, as described on the Website or in an Order Form.
“Authorised User” means any individual whom You authorise to access and use the Platform under Your Account, including Your employees, contractors, consultants, and designated agents.
“Content” means any data, information, documents, files, reports, or materials that You or Your Authorised Users upload, submit, or otherwise provide to the Platform, including sustainability data, ESG metrics, utility data, and related information.
“Confidential Information” means any non-public technical or non-technical information disclosed by one party to the other in connection with these Terms, whether oral, written, or electronic or in any other form, that is marked confidential, identified as confidential, or that by its nature or the circumstances of its disclosure ought to be treated as confidential.
“AI Usage Allowance” means the volume of AI Feature usage included in Your Subscription plan for the applicable measurement period. “Additional AI Usage” means AI Feature usage or an increased usage limit obtained in addition to that allowance, as described in Section 4.5.
“Enterprise Subscription” means a Subscription purchased pursuant to a separately negotiated Order Form, typically applicable to financial institutions, funds, enterprise customers, and other organisations requiring customised terms.
“Freemium Plan” means the free-of-charge Subscription plan with limited functionality, as described on the Website.
“Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, database rights, design rights, know-how, and all other intellectual property rights, whether registered or unregistered.
“Order Form” means a mutually executed document or online order specifying the Services, Subscription plan, fees, and any additional terms applicable to an Enterprise Subscription.
“Output” means any reports, analyses, charts, dashboards, visualisations, or other materials generated by or through the Platform based on Your Content, including AI-generated outputs.
“Personal Data” has the meaning given to it under applicable data protection laws, including, where applicable, the Swiss Federal Act on Data Protection (FADP), the EU General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018.
“Platform” means the Generation Impact Global online software-as-a-service platform, including all products, modules, features, functionalities, and updates made available by us, from time to time. The products and modules available under each Subscription plan are set out on the Website or in the applicable Order Form.
“Subscription” means the right to access and use the Services for a defined period, as set out in the applicable plan selected during registration or in an Order Form.
“Subscription Fees” means the fees payable by You for the Services, as set out on the Website, in the applicable plan, or in an Order Form.
“Subscription Term” means the period during which You are entitled to access and use the Services, as specified in Your Subscription plan or Order Form.
“Trial Period” means the seven (7) calendar day period during which You may access the Starter plan functionality free of charge, as described in Section 5.2.
“AI Features” means artificial-intelligence-assisted functionality made available through the Platform from time to time, as further described in our AI Transparency Notice.
2. Access to and use of the services
2.1 Grant of Access
Subject to these Terms and, where applicable, payment of the applicable Subscription Fees, we grant You a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the Subscription Term (or indefinitely for the Freemium Plan, subject to Section 5.3), solely for Your internal business purposes. This right extends to Your Authorised Users, provided that they comply with these Terms.
2.2 Permitted Use
You may use the Services to: (a) upload, manage, and process Your Content, including sustainability data, ESG metrics, utility data, and related information; (b) generate, view, analyse, modify, and download Output for Your internal business purposes; (c) use Platform features, including reporting tools, analytics, benchmarking, and AI Features, as made available under Your Subscription plan; and (d) upon request, download a copy of Your Content or Output in a structured, commonly used, and machine-readable format, consistent with applicable data portability obligations.
2.3 Restrictions
You shall not, directly or indirectly: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying algorithms of the Services, including the AI configurations; (b) modify, translate, adapt, or create derivative works based on any element of the Services; (c) rent, lease, distribute, sell, resell, sublicense, assign, or otherwise transfer Your rights to use the Services; (d) use the Services to develop any product or service that competes with the Services, or to train any algorithms or machine learning models; (e) interfere with or disrupt the integrity, performance, or security of the Services; (f) use the Services for any purpose other than its intended purpose, or in violation of any applicable law or regulation; (g) attempt to gain unauthorised access to the Services or any systems or networks connected to the Services; (h) repackage, white-label, or present the Platform or any part thereof as Your own product or service; or (i) use the AI Features for high-risk or regulated decision-making (e.g. legal, medical, or financial advice) without independent professional verification ; (j) circumvent or attempt to circumvent any usage limits, access restrictions, AI Usage Allowances, authentication measures, or technical safeguards implemented within the Services; or (k) use automated means, including bots, scrapers, crawlers, or similar technologies, to access or extract data from the Services except as expressly authorised by us.
2.4 Authorised Users and Account Security
You are responsible for ensuring that all Authorised Users comply with these Terms. You shall maintain the confidentiality of all login credentials associated with Your Account and are solely responsible for all activities that occur under Your Account. You agree to notify us immediately of any suspected or confirmed unauthorised use of Your Account or any security breach. The number of Authorised Users (internal and external) available under Your Subscription depends on Your plan, as described on the Website or in the applicable Order Form.
2.5 Eligibility and Prohibited Use
You acknowledge and agree that: (a) You obtain and use the Services exclusively in the course of a trade, business, craft or profession and not as a consumer; (b) each Authorised User is at least 18 years of age or has reached the age of majority in the relevant jurisdiction; (c) neither You nor, to Your knowledge, any Authorised User is included on any sanctions list maintained by Switzerland (SECO), the European Union, the United Kingdom, the United States (OFAC), or any other applicable jurisdiction; and (d) You shall comply with all applicable export-control, sanctions and anti-corruption laws and regulations.
3. Your content
3.1 Ownership of Your Content
As between You and us, You retain sole and exclusive ownership of Your Content. Nothing in these Terms shall be construed as transferring ownership of Your Content to us.
3.2 Licence to Your Content
You grant to us a royalty-free, non-exclusive, worldwide licence to use, process, store, and display Your Content solely to the extent necessary to: (a) provide, operate, and maintain the Services; (b) generate Output, including through the use of AI Features ; and (c) comply with our legal and regulatory obligations.
We may compile and use statistical, aggregated or de-identified information derived from Your use of the Services for analytics, security, benchmarking and improvement of the Services, provided that such information does not identify You, any Authorised User or any other individual.
3.3 No Submission of Personal Data
Except for the Personal Data reasonable necessary for the use of the Services or expressly permitted through designated features of the Platform, You shall not upload or provide to the Platform any Personal Data unless You have a valid legal basis for doing so and comply with all applicable data protection laws. When using AI Features, You must not input sensitive personal data (i.e. data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data, health data, or data concerning sex life or sexual orientation) unless expressly supported by the relevant feature and You have established an appropriate legal basis and complied with any additional requirements applicable to such data. You acknowledge that You do so at Your own risk, subject to the terms of the Data Processing Agreement.
3.4 Accuracy of Your Content
You represent, warrant, and covenant that Your Content is accurate, complete, and lawfully obtained, and that You have the right to provide it for the purposes set forth in these Terms. We do not verify or validate Your Content, and we shall have no liability for any inaccuracy, deficiency, or incompleteness thereof.
3.5 Removal of Your Content
You may at any time instruct us in writing to cease making Your Content available through the Platform. Following such instruction, we shall promptly remove Your Content, provided that we may retain and use de-identified and aggregated data derived from Your Content in accordance with Section 3.2.
4. Artificial intelligence
4.1 AI-Assisted Features
The Platform may make AI Features available as part of one or more Services, modules or workflows. The availability, purpose and limits of each AI Feature are described in the applicable Subscription plan, Order Form, product interface or AI Transparency Notice. We may add, modify or remove AI Features from time to time in accordance with these Terms. The Platform also contains rule-based, classification, mapping and other automated or externally provided functions that are not treated as AI Features.
4.2 AI and External Processing Providers
AI Features and related document-processing steps may use third-party artificial-intelligence or document-processing services. The providers in use at any time, their processing activities, applicable locations and provider-side retention are identified in our AI Transparency Notice or current sub-processor list, as applicable. We shall notify You of an intended addition or replacement of a sub-processor in accordance with Section 5 of the Data Processing Agreement.
We reserve the right to modify, replace, or supplement the AI technologies used in the Services at any time, including by integrating other large language models (LLMs), whether provided by third parties or developed in-house. We shall notify You of any material change to the AI provider that affects the processing of Your Content.
4.3 Regulatory Classification
To the extent that Regulation (EU) 2024/1689 (the EU AI Act) or any other applicable AI regulation applies to the use of the Services, our current assessment is that the AI Features are not used for a practice prohibited under Article 5 of the EU AI Act, nor for a high-risk purpose listed in Annex III to that Regulation. Transparency obligations under Article 50 may apply differently depending on the particular feature, output and use. We review this assessment when a feature, model, intended purpose or regulatory requirement changes. We shall comply with the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law, as applicable to Switzerland.
4.4 Transparency
In accordance with Article 50 of the EU AI Act (applicable from 2 August 2026) and other applicable AI transparency obligations: (a) we provide transparency information and interface notices appropriate to the relevant AI Feature and its use, it being acknowledged that the Platform does not currently attach a separate machine-readable AI marker to ordinary text outputs; (b) we provide information on the general logic, purpose, and limitations of the AI Features in our product documentation and AI Transparency Notice available on our Website; and (c) where AI Features process Your Content, we ensure that such processing is conducted in a manner consistent with the principles of transparency, fairness, and accountability.
4.5 AI Usage
Access to AI Features is subject to the usage allowances or feature-specific limits applicable to Your Subscription plan or Order Form. Where usage is metered, the applicable unit, measurement period, current consumption, remaining allowance and reset information are displayed in the Platform sidebar or relevant feature interface. The following terms apply:
(a) Each AI Usage Allowance applies for the measurement period stated in Your Subscription plan, Order Form or relevant feature interface and resets at the end of that period. Unless expressly stated otherwise, unused allowance does not roll over to a later period and is forfeited without compensation.
(b) Where You reach the allowance or feature-specific limit applicable to You, the affected AI Feature or operation may become temporarily unavailable. Your access to the non-AI functionality of the Platform, and to Content and outputs already processed, is unaffected. Access may resume by waiting until the applicable limit resets, by obtaining Additional AI Usage or an increased limit through the Platform or by contacting us where that option is made available, or by upgrading to a Subscription plan with a higher allowance.
(c) Additional AI Usage or an increased limit may, where that option is made available, be obtained through the Platform or by contacting us, at the then-current rates published on the Website or otherwise notified to You. Additional AI Usage is non-refundable, is consumed only after the applicable included allowance has been exhausted and, unless otherwise stated at purchase, does not expire while Your Subscription remains in force.
(d) Your AI Usage Allowance and any Additional AI Usage are allocated to Your Account (i.e. the legal entity to which the Account belongs) and may not be transferred, sold, or shared with other Accounts or entities.
(e) We reserve the right to modify the AI Usage Allowance included in each Subscription plan and the pricing of Additional AI Usage, subject to the price change provisions in Section 6.7.
4.6 Use of Your Content by AI Features
By using an AI Feature, You instruct us to process the Content submitted to that feature as necessary to provide the requested functionality. Customer Content is not used to train or improve third-party general-purpose models unless You expressly authorise that use in writing. Prompts, outputs and related operational records are retained only as necessary to provide and secure the Services, follow Your documented instructions, meet contractual requirements or comply with applicable law, as further described in the Privacy Policy, Data Processing Agreement and AI Transparency Notice. We may use irreversibly de-identified and aggregated information to analyse and improve our Platform-specific features.
4.7 No Guarantee of Accuracy
You acknowledge and agree that AI-generated content may not be accurate, complete, or reliable. AI Outputs are generated algorithmically and are not a substitute for human review or professional judgement (including legal, medical, financial, or accounting advice). You are solely responsible for evaluating, reviewing, and verifying any AI-generated Output before relying upon or distributing it.
4.8 Identification of AI-Generated Content
Where required by applicable law, including the EU AI Act, You shall identify relevant content as having been generated or materially assisted by artificial intelligence when disclosing such content to third parties or in regulatory filings.
4.9 Human Oversight
The AI Features within the Platform are designed to support and augment, not replace, human decision-making. Human oversight varies by feature: some workflows present individual results for review, some permit multiple results to be accepted together, and some may save extracted or generated information directly into a Platform workflow. Regardless of the workflow, You must review the relevant source evidence and verify AI-assisted information before relying on it, publishing it, submitting it in a regulatory filing, or using it to make a professional decision. You are solely responsible for any decisions or actions taken based on AI-generated Output.
4.10 AI Literacy
To the extent required by applicable law, including Article 4 of the EU AI Act, we take measures to ensure a sufficient level of AI literacy among our staff involved in the development, deployment, and operation of AI Features. We encourage You to ensure that Your Authorised Users who interact with AI Features are appropriately informed about their capabilities and limitations.
4.11 Acceptable Use of AI Features
You agree not to use the AI Features: (a) for unlawful, discriminatory, abusive, or harmful purposes; (b) to submit other persons’ personal data or sensitive data without their explicit consent; (c) to process or generate data that violates intellectual property rights or data privacy regulations; (d) to bypass safety, security, or regulatory controls; (e) for high-risk or regulated decision-making without independent professional verification; or (f) to attempt to reverse engineer or misuse the underlying AI models. Users who do not respect proper conduct may be temporarily or permanently excluded from accessing AI Features at our sole discretion.
5. Subscription plans, trial, and freemium
5.1 Available Plans
SME Plans (self-service via Stripe): (a) Free / Entry (the “Free Tier”); (b) Starter; (c) Growth; (d) Pro.
Financial Institution / Fund Plans (via Order Form): (a) Essential; (b) Advanced; (c) Premium and not eligible for a Trial Period.
The nature and scope of the Services, products, modules, features, number of Authorised Users, AI Usage Allowance, and the modules and data access included in Your plan depend on the Subscription plan You select. Full plan details are set out on the Website or in the applicable Order Form. We reserve the right to modify the plans and their features from time to time, subject to Section 6.7.
5.2 Trial Period (SME Plans)
Eligible SME users with a Freemium Account may activate a seven (7) calendar day trial of the functionality identified in the Platform at no charge (the “Trial Period”). A valid payment card must be added through Stripe before the Trial Period can be activated, but the card will not be charged merely because the Trial Period starts or ends. During the Trial Period, You may access the functionality described in the relevant trial interface. At the end of the Trial Period: (a) if You complete the purchase of a paid Subscription through the Platform, Your Account will be upgraded to the selected plan; or (b) if You do not complete a paid purchase, Your Account will return to or remain on the Freemium Plan with limited functionality. We shall notify You before the Trial Period expires.
5.3 Freemium Plan
The Freemium Plan provides access to a limited set of Platform features at no charge, as described in the Platform. It has no fixed expiry date and remains available until You upgrade to a paid Subscription or request Account deletion through the in-Platform support ticketing system or by emailing [email protected]. The Freemium Plan is provided “as is”, without service-level commitments, and may be subject to feature and usage limits stated in the Platform. It is not subject to the auto-renewal, price-adjustment or refund provisions applicable to paid Subscriptions. We may suspend or terminate access where reasonably necessary because of abuse, a security risk, breach of these Terms or a legal requirement. Passage of time or inactivity alone does not cause the Freemium Plan or Account to expire.
5.4 Add-Ons
Additional features, modules, integrations, user capacity or usage may be purchased as Add-Ons to a paid Subscription. Available Add-Ons and their pricing are displayed in the Platform, published on the Website or specified in an Order Form. Add-Ons are billed in accordance with Section 6 and are subject to the same Subscription Term as the underlying Subscription unless otherwise specified.
6. Subscription fees and payment
6.1 General
The Services are subject to Subscription Fees as set out on the Website or in the applicable Order Form. The Freemium Plan and Trial Period are provided at no charge. Subscription Fees for paid plans vary based on the plan, billing frequency, and any applicable Add-Ons.
6.2 Self-Service Subscriptions (via Stripe)
For self-service Subscriptions purchased through the Platform: (a) Subscription Fees are due and payable immediately at the time of purchase and at each renewal date. Fees are charged annually in advance and are processed through our third-party payment processor, Stripe, Inc. (“Stripe”). By providing a payment method (credit card or debit card), You authorise us (through Stripe) to charge the applicable Subscription Fees to that payment method immediately upon purchase and automatically at each renewal. Adding a payment card solely to activate a Trial Period does not itself authorise a Subscription charge. (b) You acknowledge that we do not store Your credit card or payment card details. All payment information is processed and securely held by Stripe in accordance with Stripe’s terms of service and privacy policy. We are not responsible for Stripe’s handling of Your payment information or any acts or omissions of Stripe. (c) Subscription Fees may be invoiced and paid in EUR, USD, or CHF, as specified at the time of purchase. The billing currency selected at the time of initial Subscription shall apply for the duration of the Subscription Term, unless otherwise agreed. (d) Additional AI Usage and Add-Ons purchased through the Platform are charged immediately at the time of purchase via the same payment method. (e) You shall maintain a valid, current, and duly authorised payment method throughout the Subscription Term, and shall promptly update Your payment details if they change, expire, or are cancelled. (f) Where Your bank or card issuer requires strong customer authentication (including 3-D Secure) in order to complete a renewal payment, You shall complete that authentication promptly. We shall send You an email containing a secure link enabling You to confirm the payment, followed by up to three (3) reminders. (g) Where a renewal payment fails for any other reason, we (through Stripe) may re-attempt the charge on one or more occasions and shall notify You by email of each failed attempt. (h) The consequences of a renewal payment that is not completed are set out in Section 6.8.
6.3 Financial Institution / Fund Subscriptions (via Order Form)
For financial institution and fund Subscriptions: (a) the Services, available functionality, Subscription Fees, payment terms, billing currency and payment method shall be set out in the applicable Order Form; (b) unless otherwise specified in the Order Form, invoices are due and payable within thirty (30) days of the invoice date by bank transfer to the account specified on the invoice; and (c) the applicable Order Form may contain terms that differ from these Terms, in which case the Order Form shall prevail to the extent of the conflict. Access to AI Features is available only where expressly included in the applicable Order Form or separately agreed in writing.
6.4 Reseller Purchases
If You purchase the Services through an authorised reseller, payment terms are determined between You and the reseller. We may share certain information about Your Account and purchases with the reseller as permitted by these Terms. Your use of the Services remains subject to these Terms regardless of how You purchased.
6.5 Annual Price Adjustment
Unless otherwise specified in the applicable Order Form, Subscription Fees shall be subject to an annual adjustment at each renewal. The annual adjustment shall be the greater of: (a) the percentage change in the Swiss Consumer Price Index (CPI) as published by the Swiss Federal Statistical Office over the twelve (12) months proceeding the applicable adjustment date; or (b) one percent (1%). In no event shall the annual adjustment exceed five percent (5%) in any single renewal period. We shall notify You of the adjusted Subscription Fees at least thirty (30) days prior to the start of the renewed Subscription Term.
6.6 Taxes
All Subscription Fees are exclusive of applicable taxes, including value-added tax (VAT), goods and services tax (GST), sales tax, and any other applicable taxes or duties. You shall be responsible for all such taxes, except for taxes imposed on our net income. We will add applicable taxes to Your invoice or charge where required by law.
6.7 Price Changes and Add-On Pricing
Beyond the annual adjustment described in Section 6.5, we may change the Subscription Fees or Add-On pricing, provided that: (a) any change shall not take effect until the expiration of Your then-current Subscription Term; and (b) we shall notify You of any price change at least thirty (30) days prior to the start of the next Subscription Term. If You do not agree to the revised fees, You may cancel Your Subscription in accordance with Section 7.3.
6.8 Late Payment, Suspension, and Recovery
If any invoiced amount is not received by us by the due date, such overdue amounts may, without the need for notice of default, accrue interest at the rate of eight (8) percentage points per annum above the main refinancing rate of the European Central Bank in force on the first day of the calendar half-year in which the payment fell due, or the maximum rate permitted by applicable law, whichever is lower.
(a) Recovery compensation. In addition to interest, we shall be entitled, without the need for a reminder, to a fixed sum of forty Swiss francs (CHF 40), or the equivalent amount in the billing currency of the invoice, in respect of each overdue invoice, as compensation for our recovery costs. This is without prejudice to our right to recover the reasonable costs of recovery exceeding that sum, including third-party collection agency fees and legal fees.
(b) Self-service Subscriptions. Where a renewal payment is not completed within fifteen (15) days of the renewal date, whether because the payment has not been authenticated in accordance with Section 6.2(f) or because all payment attempts have failed, Your Subscription may be marked as unpaid and we may suspend or restrict Your access to the Services. The corresponding invoice shall remain outstanding and payable.
(c) Enterprise and Financial Institution Subscriptions. Where an invoice remains unpaid thirty (30) days after its due date, we shall be entitled to suspend or restrict Your access to the Services, provided that we have first given You not less than ten (10) business days prior written notice and the amount remains outstanding upon expiry of that notice period.
(d) Reinstatement. Access suspended under this Section 6.8 shall be reinstated promptly upon receipt of all outstanding amounts. Suspension under this Section shall not extend the Subscription Term, and no credit or refund shall be due in respect of any period of suspension attributable to non-payment.
(e) Debt recovery. Where any amount remains outstanding forty-five (45) days after its due date in the case of a self-service Subscription, or sixty (60) days after its due date in the case of an Enterprise or Financial Institution Subscription, we may, having given You not less than ten (10) business days prior written notice, refer the outstanding debt to a third-party debt collection agency or to legal counsel for recovery. You shall bear the reasonable costs of such recovery. We shall disclose to any such agency only such data as is necessary for the purpose of recovering the debt, in accordance with our Privacy Policy and applicable data protection law.
(f) Termination. Where any amount remains outstanding sixty (60) days after its due date, we may terminate Your Subscription in accordance with Section 7.4, without prejudice to our right to recover all sums due.
6.9 Refunds
Except as expressly provided in these Terms or as required by applicable law, all amounts paid are non-refundable. Additional AI Usage and Add-Ons are non-refundable once purchased. In the event of termination by us or due to our uncured material breach, we shall refund any prepaid fees on a pro-rata basis for the unused portion of the then-current Subscription Term.
6.10 Chargebacks and Payment Disputes
If You believe that any amount charged to You is incorrect, You shall notify us at [email protected] within thirty (30) days of the date of the charge, and we shall investigate the matter in good faith. You agree to raise any such query with us before initiating a chargeback or payment dispute with Your bank or card issuer. Where a chargeback or payment dispute is initiated in respect of an amount properly due under these Terms, we may: (a) suspend or restrict Your access to the Services pending resolution; (b) recover from You the amount of the chargeback together with any fees charged to us by Stripe or by the relevant card scheme; and (c) treat the matter as a material breach for the purposes of Section 7.4. Nothing in this Section limits any mandatory statutory right available to You.
7. Subscription term, renewal, and termination
7.1 Subscription Term
The Subscription Term shall be as specified in the applicable Subscription plan or Order Form. For self-service Subscriptions, the Subscription Term is one (1) year. For Enterprise and Financial Institution Subscriptions, the Subscription Term is as specified in the applicable Order Form.
7.2 Auto-Renewal
Unless You cancel Your Subscription at least thirty (30) days prior to the expiration of the then-current Subscription Term, Your Subscription shall automatically renew for a successive period of one (1) year. We shall send You a renewal reminder by email at least thirty (30) days prior to the renewal date, specifying: (a) the applicable Subscription Fees for the renewed term; (b) the renewal date; (c) the duration of the renewed term; and (d) clear instructions on how to cancel.
7.3 Cancellation
You may cancel Your Subscription at any time through the account management section of the Platform. For Enterprise or Financial Institution Subscriptions, cancellation must be requested by written notice to [email protected]. Cancellation shall take effect at the end of the then-current Subscription Term. You will continue to have access to the Services until the effective date of cancellation. For the avoidance of doubt, any termination or non-renewal for convenience by either Party shall take effect at the end of the then-current Subscription Term, and the Customer shall retain full access until that date. No refund shall be issued for the remainder of the then-current Subscription Term, except as provided in Section 6.9 or required by applicable law.
7.4 Termination for Cause
Either party may terminate these Terms with immediate effect by written notice if: (a) the other party commits a material breach of these Terms and fails to remedy such breach within thirty (30) days of receiving written notice specifying the breach; (b) the other party becomes insolvent, enters into administration, liquidation, or receivership, or ceases to carry on business; or (c) required to do so by a competent regulatory or supervisory authority with jurisdiction over either party. Only termination for cause under this Section 7.4 may take effect before the end of the current Subscription Term. Without limiting the foregoing, we may immediately suspend access to all or part of the Services where reasonably necessary to prevent or address a security incident, unlawful use, material breach of Section 2.3 or 4.11, or a material risk to the integrity of the Platform, provided that we notify You as soon as reasonably practicable.
7.5 Effects of Termination
Upon expiration or termination of these Terms: (a) Your right to access and use the Platform and Services shall cease at the end of the then-current paid term (or immediately in the case of termination for cause); (b) any unused AI Usage Allowance and any unused Additional AI Usage shall be forfeited; (c) we shall make Your Content available for download for a period of sixty (60) days following the effective date of termination, after which we may delete all Your Content; and (d) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 3 (Your Content), 4 (AI), 9 (Intellectual Property), 10 (Confidentiality and Data Protection), 11 (Warranties), 12 (Limitation of Liability), 13 (Indemnification), 15 (Compliance with Local Laws), and 16 (Governing Law).
7.6 Conversion to Freemium Plan and Account Deletion
Upon expiration or cancellation of a paid Subscription, Your Account may be converted to the Freemium Plan with limited functionality unless You request deletion through the in-Platform support ticketing system or by emailing [email protected]. Cancellation of a Subscription does not itself constitute an account-deletion request. We will verify and process an account-deletion request in accordance with applicable law, the Data Processing Agreement and the retention provisions of our Privacy Policy. Before deletion, You remain responsible for exporting any Content You wish to retain during the sixty-day period described in Sections 7.5 and 8.1.
8. Data portability and switching
8.1 Data Portability
Subject to technical feasibility, Your Subscription plan and applicable law, You may request a copy of Your Content and any data generated through Your use of the Services in a structured, commonly used, and machine-readable format, at any time during the Subscription Term and for sixty (60) days following termination. We shall comply with such requests within thirty (30) days.
8.2 Right to Switch (EU Data Act)
Where and to the extent that Regulation (EU) 2023/2854 (the EU Data Act) applies to the Services and to You, You may exercise any applicable statutory right to switch from our Services to another provider or to port Your data to Your own infrastructure. You may exercise this right by providing us with written notice with no less than two (2) months’ notice. We shall cooperate with You and, where applicable, with Your new service provider to facilitate the switch.
8.3 Switching Charges
To the extent that the EU Data Act applies, from 12 September 2027, we shall not charge any switching fees. Until that date, any switching charges shall be reasonable, proportionate, and shall not exceed the costs directly incurred by us.
8.4 Deletion After Switch
Where and to the extent that the EU Data Act applies, following the completion of a switch and upon Your written confirmation, we shall delete all Your Content from our systems within thirty (30) days, unless retention is required by applicable law.
9. Intellectual property
9.1 Our Intellectual Property
The Platform, Website, Services, and all content made available through the Services (other than Your Content), including all software, algorithms, AI configurations, user interfaces, designs, documentation, trademarks, service marks, and logos, are the sole and exclusive property of the Company or its licensors. Access to the Platform does not grant any rights to our or any third party’s intellectual property. Nothing in these Terms grants You any right, title, or interest in our Intellectual Property Rights, except for the limited right of use expressly granted in Section 2.1.
9.2 Feedback
You may from time to time provide us with suggestions, comments, or other feedback regarding the Services (“Feedback”). Any Feedback shall be deemed non-confidential and may be used by us freely, without restriction, attribution, or compensation. You hereby grant us an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, modify, and incorporate such Feedback.
9.3 AI Output Intellectual Property
You retain ownership of Your inputs to AI Features, subject to third-party rights. As between You and us, and to the extent permitted by applicable law, You may use, reproduce, modify and commercially exploit Output generated specifically for You through the Services, subject to these Terms and any applicable third-party rights. We do not represent or warrant that AI-generated Output is unique, capable of intellectual property protection, or free from similarity with content generated for other users. Nothing in these Terms transfers to You any rights in the Platform, underlying models, algorithms, templates, methodologies or other Company Intellectual Property incorporated in or used to generate such Output.
10. Confidentiality and data protection
10.1 Confidentiality Obligations
Each party shall keep in confidence the Confidential Information of the other party and shall not use or disclose such Confidential Information except as necessary to perform its obligations or exercise its rights under these Terms.
10.2 Exceptions
The obligations in Section 10.1 shall not apply to information that: (a) was already known to the receiving party; (b) becomes publicly available through no fault of the receiving party; (c) is independently developed without reference to the Confidential Information; or (d) is required to be disclosed by law, provided that the receiving party gives prompt written notice (where legally permitted).
10.3 Data Security
We shall maintain appropriate technical and organisational measures to protect Your Content against unauthorised access, loss, destruction, or alteration, in accordance with applicable data protection laws.
10.4 Data Processing Agreement
To the extent that any of Your Content constitutes Personal Data subject to applicable data protection laws, we shall process such Personal Data in accordance with the Data Processing Agreement available at https://generationimpact.global/legal/dpa/. The Data Processing Agreement is supplemental to and forms an integral part of these Terms. In the event of conflict, the Data Processing Agreement shall prevail.
10.5 Cross-Border Data Transfers
Your Content may be processed and stored in Switzerland, the European Economic Area and other jurisdictions used by us or our authorised sub-processors, as described in the Privacy Policy, Data Processing Agreement, AI Transparency Notice or current sub-processor list, as applicable. Where Personal Data is transferred to a jurisdiction that has not been recognised as providing an adequate level of protection, we shall implement an applicable transfer mechanism and supplementary measures where required by law.
11. Warranties and disclaimers
11.1 Mutual Warranties
Each party represents and warrants that: (a) it has the full power and authority to enter into these Terms; and (b) its performance under these Terms shall not breach any agreement with any third party.
11.2 Conformity
We warrant that the Services will be provided with reasonable skill and care and will materially conform to the description and specifications set out on the Website or in the applicable Order Form. The Services shall be provided in accordance with this warranty during the applicable Subscription Term, subject to any modifications permitted under Section 17.3 and any limitations expressly set out in these Terms.
11.3 Updates and Security
We shall ensure that You are informed of and provided with updates to the Platform, including security updates, that are necessary to maintain the conformity of the Services throughout the Subscription Term. If You fail to install updates that we make available, and such failure causes a lack of conformity, we shall not be liable for such lack of conformity, provided that: (a) we informed You of the availability and consequences of not installing the update; and (b) the failure to install or the incorrect installation of the update was not due to shortcomings in our instructions.
11.4 Remedies for Lack of Conformity
If the Services do not conform to the warranties set out in Sections 11.2 and 11.3, You are entitled to the following remedies, in the following order: (a) first, You may require us to bring the Services into conformity within a reasonable time, without charge and without significant inconvenience to You; (b) if we fail to bring the Services into conformity within a reasonable time, or if bringing the Services into conformity is impossible or would involve disproportionate effort, You may request a proportionate reduction in the Subscription Fees for the period during which the Services were not in conformity; or (c) if the lack of conformity is material and we have failed to remedy it, You may terminate Your Subscription and receive a pro-rata refund of prepaid fees for the remaining unused portion of the Subscription Term. This Section 11.4 shall apply only where You qualify as a consumer under applicable law and to the extent required by applicable mandatory consumer protection law.
11.5 Conformity Period
Where You qualify as a consumer under applicable law and to the extent that applicable mandatory consumer protection law, including national legislation implementing, Directive (EU) 2019/770 (the Digital Content Directive), applies to the provision of the Services, we shall be liable for any lack of conformity to the extent and for the period required by such applicable mandatory law. Nothing in these Terms shall exclude or limit any rights or remedies available to You under applicable mandatory consumer protection law.
11.6 No Legal, Investment, or Financial Advice
The Services do not constitute legal, investment, financial, accounting, or tax advice. The Output is for informational purposes only. We do not verify Your compliance with any applicable law, regulation, or reporting framework (including SFDR, CSRD/ESRS, GRI, ISSB/IFRS, or the EU Taxonomy).
11.7 Disclaimer
EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS AND SUBJECT TO ANY RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE MANDATORY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. Limitation of liability
12.1 Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.
12.2 Cap on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR LIABILITY ARISING FROM GROSS NEGLIGENCE, FRAUD, OR WILFUL MISCONDUCT, THE AGGREGATE LIABILITY OF EITHER PARTY SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID OR PAYABLE BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12.3 Free Tier and Trial
To the maximum extent permitted by applicable law, our aggregate liability in connection with the Freemium Plan and the Trial Period shall not exceed one hundred Swiss francs (CHF 100).
12.4 Mandatory Rights
Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited under applicable mandatory law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
13. Indemnification
13.1 By You
You agree to indemnify, defend, and hold harmless the Company from any claims, damages, losses, liabilities, and reasonable costs arising from: (a) Your use of the Services in breach of these Terms; (b) Your Content; (c) Your breach of any applicable law; or (d) Your gross negligence or wilful misconduct.
13.2 By Us
We agree to indemnify You from third-party claims alleging that the Platform or Services infringe a third party’s Intellectual Property Rights, except to the extent arising from: (a) Your breach of these Terms; (b) Your modification of the Platform; or (c) combination with third-party products not provided by us.
13.3 Procedure
The indemnified party shall promptly notify the indemnifying party, grant sole control of defence and settlement, and cooperate at the indemnifying party’s expense.
14. Export controls, sanctions, and anti-corruption
Each party agrees to comply with all applicable export control and sanctions laws (including Switzerland SECO, EU, UK, US OFAC/BIS) and anti-corruption laws (including the Swiss Criminal Code, UK Bribery Act, US FCPA) applicable to it in connection with these Terms and Services. Failure to comply shall be deemed a material breach.
15. Compliance with applicable local laws
15.1 General Principle
These Terms are subject to, and shall not derogate from, any mandatory provisions of applicable local law that cannot be excluded by contract.
15.2 Data Protection
We acknowledge that the processing of Personal Data may be subject to data protection laws in multiple jurisdictions, including but not limited to: Swiss FADP, EU GDPR, UK GDPR/DPA 2018, US state privacy laws (CCPA/CPRA and others), Canadian PIPEDA/CPPA, South Africa POPIA, Nigeria NDPA, Kenya DPA, Brazil LGPD, Mexico LFPDPPP, Chile Data Protection Act, Colombia Law 1581, Argentina Habeas Data Law, Japan APPI, Singapore PDPA, India DPDP Act, and Australia Privacy Act 1988.
15.3 AI Regulation
We acknowledge that the use of AI Features may be subject to AI-specific regulations, including the EU AI Act (Regulation (EU) 2024/1689), the Council of Europe Framework Convention on Artificial Intelligence, and any applicable national AI legislation.
15.4 Consumer Protection
Where any provision of these Terms would be deemed unfair or unenforceable under consumer protection laws of Your jurisdiction, such provision shall be modified to the minimum extent necessary to comply, without affecting the remaining provisions.
15.5 Territories Where Services Are Not Offered
The Services are not currently offered to customers located in the People’s Republic of China (including Hong Kong and Macau for the purposes of this clause), Saudi Arabia, the United Arab Emirates, Qatar, or any other jurisdiction where the provision of the Services would require us to obtain local licences, registrations, or data localisation arrangements that we do not currently maintain. Any access to or use of the Services from these territories is at the customer’s own risk and responsibility regarding compliance with local law, and we make no representation that the Services are appropriate or available for use in such territories.
15.6 No Sale of Personal Data
We do not sell, share, or disclose Personal Data for cross-context behavioural advertising, targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects. This commitment applies globally, and, where applicable, is intended to comply with the requirements of the California Consumer Privacy Act / California Privacy Rights Act (CCPA/CPRA) and equivalent US state privacy laws. If You are a California resident (or a resident of another US state with applicable privacy legislation), You may exercise Your rights under such laws as described in our Privacy Policy.
16. Governing law and dispute resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
16.2 Jurisdiction
The courts of the Canton of Geneva, Switzerland, shall have exclusive jurisdiction. Notwithstanding the foregoing, either party may seek provisional or injunctive relief in any court of competent jurisdiction.
16.3 Mandatory Consumer Jurisdiction
Nothing in this Section 16 shall deprive You of any mandatory right to bring proceedings in the courts of Your jurisdiction of residence where such right cannot be excluded by contract.
17. General provisions
17.1 Entire Agreement
These Terms, together with the applicable Order Form, Privacy Policy, Data Processing Agreement, AI Transparency Notice, and any other documents expressly referenced herein, constitute the entire agreement between the parties.
17.2 Amendments to These Terms
We reserve the right to amend these Terms from time to time. Any material changes will be published on our Website and displayed within the Platform, together with the applicable effective date. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms. If You do not agree, You may cancel Your Subscription in accordance with Section 7.3 before the amended Terms take effect.
17.3 Modifications to the Services
We may modify, update, or enhance the Services from time to time, including by adding new features, improving existing functionality, or removing features that are no longer supported. Where a modification negatively affects Your access to or use of the Services in more than a minor way, we shall: (a) notify You of the modification at least thirty (30) days in advance; (b) inform You of the characteristics and timing of the modification; and (c) provide You with the right to terminate Your Subscription free of charge within thirty (30) days of receiving the notification, if the modification materially and adversely impacts Your use of the Services. This right does not apply to modifications that are necessary to maintain the conformity of the Services, including security updates.
17.4 Assignment
You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets, upon notice.
17.5 Subcontractors
We may engage subcontractors and sub-processors, provided that we remain responsible for their acts and omissions.
17.6 Severability
If any provision is held invalid, the remaining provisions continue in full force. The invalid provision shall be amended to achieve as closely as possible the economic effect of the original.
17.7 Waiver
No failure or delay in exercising any right shall constitute a waiver. No waiver of any breach constitutes a waiver of any subsequent breach.
17.8 Force Majeure
Neither party shall be liable for failure or delay due to causes beyond its reasonable control, including natural disasters, pandemics, war, terrorism, cyberattacks, government action, power or internet outages, or failures of third-party service providers.
17.9 Notices
All notices shall be in writing and sent by email or registered post. Notices to us: [email protected] / Rue de Lausanne 82, 1202 Geneva, Switzerland.
Notices to You may be sent to the email address associated with Your Account. You are responsible for keeping the email address associated with Your Account current and ensuring that our communications are not blocked or filtered.
17.10 Relationship of the Parties
The parties are independent contractors. Nothing creates a partnership, joint venture, agency, or employment relationship.
17.11 Third-Party Services
The Platform may integrate with third-party services. We do not warrant third-party services, and Your use thereof is subject to their terms.
17.12 Publicity
Each party may identify the other as a customer or provider in marketing materials, unless the other party objects in writing within thirty (30) days.
17.13 Marketing Communications and Newsletter
We may offer You the opportunity to subscribe to our newsletter and marketing communications. If You opt in, Your business contact details (name and email address) will be shared with our email marketing platform provider, Intuit Mailchimp (The Rocket Science Group LLC, a subsidiary of Intuit Inc.), for the purpose of sending You newsletters, product updates, event invitations, and other marketing materials. You may unsubscribe from marketing communications at any time by clicking the “unsubscribe” link included in every email or by contacting us. Your subscription to marketing communications is voluntary and does not affect Your access to or use of the Services. For further details on how Your data is processed for marketing purposes, please refer to our Privacy Policy.
17.14 Payment Processing Disclosure
Payments for self-service Subscriptions are processed by Stripe Payments UK Ltd (authorised by the UK Financial Conduct Authority as an electronic money institution, reference number 900461) through the Stripe platform. By using the Services, You acknowledge that Stripe and, if applicable, its affiliates, process Transactions on our behalf. We are solely responsible for the nature and quality of the Services, including all aspects of customer support, refunds, and Subscription management. Stripe is not responsible for the Services and acts solely as a payment processor.
17.15 Fairness of Contract Terms
These Terms are intended to comply with Article 13 of Regulation (EU) 2023/2854 (the EU Data Act) regarding the fairness of contractual terms relating to data access and use. We confirm that these Terms do not: (a) exclude or limit liability for intentional acts or gross negligence; (b) grant one party exclusive rights to interpret the terms of this contract; (c) inappropriately limit the remedies available to You in the event of non-performance or breach; or (d) provide for the use of data in a manner significantly detrimental to You.
17.16 Accessibility
We are committed to making the Platform and Website accessible to all users, including persons with disabilities, in accordance with the European Accessibility Act (Directive (EU) 2019/882) and other applicable accessibility legislation. Our accessibility statement is available on the Website. If You encounter accessibility barriers, please contact us.
17.17 Language
These Terms are drafted in English. In the event of translation, the English version shall prevail.
18. Contact
For questions regarding these Terms, please contact us at:
Generation Impact Global SA
Rue de Lausanne 82, 1202 Geneva, Switzerland
Email: [email protected]