Terms of Service

1. Agreement to Terms

By accessing or using CarbonAtlas (the "Platform"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. These Terms form a legally binding agreement between you (or your organisation) and ​ Ilumatra ArtIfice OÜ, a private limited company incorporated in Estonia (Reg. No. 17585418) ("Company", "we", "us", "our").

If you are using CarbonAtlas on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms. These Terms include by reference the Data Processing Agreement available at carbonatlas.app/gdpr-dpa.

2. Description of Service

CarbonAtlas is an EU Carbon Border Adjustment Mechanism (CBAM) compliance platform providing tools for:

• Import record management and CBAM threshold tracking (EU Reg 2023/956)
• Specific Embedded Emissions (SEE) calculation — default and actual values
• EU IR 2023/1773 compliant CBAM declaration XML export
• Operator data request and sharing workflows
• ISO 17029 verifier engagement and Annex VI verification report generation
• AI-powered Mill Test Certificate OCR (Anthropic Claude Vision)
• Digital Product Passport (DPP) generation (ESPR Reg. 2024/1781)
• Supply chain carbon footprint and Scope 3 classification
• CSRD and CSDDD compliance modules; UK CBAM planning and forecasting module
• CarbonAtlas Achievers League (public operator SEE rankings)

The Platform is provided as a software-as-a-service (SaaS) and is subject to the plan limitations described in our Pricing section and any applicable Order Form.

3. Account Registration and Security

• You must provide accurate and complete information when registering an account.
• You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account.
• You must promptly notify us of any unauthorised use of your account at connect@ilumatraartifice.com.
• Accounts are non-transferable. You may not share access credentials with third parties outside your organisation.
• We reserve the right to suspend accounts suspected of compromised security.

4. Acceptable Use

You agree not to:

• Submit false, misleading, or fraudulent CBAM compliance data via the Platform
• Attempt to reverse-engineer, decompile, or extract source code from the Platform
• Use the Platform to violate any applicable law, including EU CBAM Regulation 2023/956
• Probe or test the security of the Platform without prior written consent from us
• Scrape, harvest, or extract data from the Platform using automated means (except via our published Carbon Intelligence API)
• Introduce malicious code, viruses, or harmful components
• Impersonate another user, organisation, or verifier
• Use the Achievers League public data for spam, unsolicited solicitation, or misleading commercial purposes

5. Data Accuracy and Compliance Responsibility

• You are responsible for verifying that all import records, CN codes, and SEE data entered into the Platform are accurate and complete before filing any declaration.
• Default SEE values provided by the Platform are sourced from EU implementing regulations but may not reflect the most current official values. Always verify against the EU CBAM Registry before filing.
• Verification by an ISO 17029-accredited verifier via the Platform does not guarantee regulatory compliance — the verifier organisation bears independent professional responsibility under their accreditation.
• AI-generated outputs (CN code classification, OCR extractions, pre-check summaries, Scope 3 classifications) are advisory only and require human review before reliance. EU AI Act Art. 52 transparency notices are displayed throughout the Platform.

6. Multi-Tenant Data Isolation

The Platform is a multi-tenant service. We implement strict technical controls to ensure your organisation's data is isolated from all other organisations:

• All database queries are scoped to your organisation's unique identifier at the service layer — not the UI layer.
• Cross-organisation data access (e.g., verifier access to importer records, agent mandate to importer declarations) requires an explicit, auditable engagement mandate accepted by both parties through a tracked invitation lifecycle.
• The public Achievers League publishes only aggregate, consented SEE benchmark data. No shipment volumes, financial figures, trade partner relationships, or personal data are exposed in any public endpoint.

7. Intellectual Property

The Platform, including all software, algorithms, calculation engines, UI designs, and documentation, is the exclusive intellectual property of Ilumatra ArtIfice OÜ and its licensors. These Terms do not grant you any ownership rights in the Platform.

You retain full ownership of all data you input into the Platform ("Your Data"). By using the Platform, you grant us a limited, non-exclusive, non-transferable licence to process Your Data solely for the purpose of providing and improving the service to you. We will never sell, share, or use Your Data for purposes other than providing the Platform to your organisation.

8. Payment and Subscription

• Paid plans are billed monthly or annually in advance. All prices are in EUR and exclude applicable VAT.
• The Professional plan includes a 14-day free trial. No credit card is required to start. You will not be charged until the trial period ends.
• Annual billing provides a discount over monthly billing as described on our Pricing page.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide pro-rated refunds for partial periods, except where required by applicable EU consumer law.
• Fee increases require 60 days' written notice before taking effect. Annual contracts are subject to CPI + 2% per year (max 5%) price adjustment at renewal, with 90 days' notice.
• Failure to pay may result in suspension of your account after a 14-day grace period.
• Enterprise customers may pay via bank transfer (SEPA or SWIFT) under a signed Order Form with Net 30 payment terms.

9. Service Availability and SLA

Scheduled maintenance windows are excluded from uptime calculations. We will provide at least 48 hours' advance notice of planned maintenance. SLA remedies for Enterprise customers are defined in their Order Form.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Ilumatra ArtIfice OÜ shall not be liable for: (a) any indirect, incidental, special, consequential, or punitive damages; (b) any loss of profits, revenue, data, or business opportunities; (c) any damages arising from regulatory non-compliance, CBAM penalties, or errors in declarations filed with the EU CBAM Registry.

Our total aggregate liability for any claim arising from or related to these Terms shall not exceed the greater of: (i) the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim, or (ii) €500.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited by applicable law.

11. CBAM Regulatory Scope Change

12. Termination

We may suspend or terminate your account immediately, without prior notice, if we determine that you have materially violated these Terms, engaged in fraudulent activity, or pose a security risk to the Platform or other users.

You may terminate your subscription at any time via the Settings → Billing page or by contacting connect@ilumatraartifice.com. Upon termination: (i) your right to use the Platform ceases at the end of the current billing period; (ii) you may export your data via the Platform's export functionality during the active period; (iii) we will delete or anonymise your data within 30 days of the subscription end date, except where retention is required by applicable law (including EU CBAM audit record requirements).

13. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Republic of Estonia and, where applicable, European Union law including CBAM Regulation (EU) 2023/956, GDPR (EU) 2016/679, and the EU AI Act (EU) 2024/1689.

Any disputes arising from these Terms shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be subject to the exclusive jurisdiction of the competent courts of Tallinn, Estonia. Enterprise customers with a signed Order Form may elect binding ICC arbitration seated in Singapore as a neutral alternative to domestic court proceedings.

Note: Ilumatra ArtIfice OÜ is incorporated in Estonia (Reg. No. 17585418). Enterprise agreements entered before incorporation was completed have been novated to the Estonian entity at no change to terms or pricing.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated to registered users via email and an in-platform notification banner at least 30 days before taking effect. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms. You will be asked to explicitly re-accept updated Terms upon your next login when a material update has been made.

15. Contact