Terms of use

About these terms

These terms apply to your use of esg-now.app, the ESG Now questionnaire, reports and any related services (the "Service") provided by Temperstone Ltd ("we", "us"), a company registered in England and Wales with company number 16949737, whose registered office is at 71-75 Shelton Street, London, WC2H 9JQ. By using the Service you agree to these terms and to our privacy policy. If you use the Service on behalf of a business, you confirm you are authorised to accept these terms for it, and "you" includes that business.

The Service is intended for business use. You must be at least 18 to use it.

Pricing

Your first ESG Now report is free of charge. We may introduce charges for further reports or paid features in future, and will show any price before you are asked to pay. Any report you have already generated remains yours to use.

Your data

"Your Data" means the information you enter into or upload to the Service and the results generated from it. You keep ownership of Your Data. You grant us a worldwide, perpetual, irrevocable, royalty-free, transferable and sublicensable licence to use, store, copy, modify, combine, analyse, create derivative works from, publish, commercialise, license and sell Your Data, for any purpose, including to provide and improve the Service, to create benchmarks and insights, for marketing, and to share with or sell to third parties. This licence continues after you stop using the Service.

Where Your Data includes personal data, we use it as described in our privacy policy, and this licence applies only to the extent permitted by data protection law.

Anonymised, aggregated and derived data, statistics and insights that we create from Your Data or from use of the Service belong to us, and we may use them for any purpose.

You confirm that you have the right to provide Your Data, that it is accurate, and that our use of it under these terms will not breach any law or anyone else's rights.

Feedback

If you send us ideas, suggestions or feedback, we may use them freely without any obligation to you.

Your report

Your report is based entirely on the information you provide. You are responsible for checking that your answers are accurate before using or sharing the report. Reports are self-prepared and are not independently verified, audited or assured.

Carbon footprint figures use published UK Government conversion factors and, where you choose, benchmark estimates. Estimates are approximate and are labelled as such in the report.

You may use your report for your own business purposes. All other rights in the Service, including its content, design, software, questionnaire, methodology and report templates, belong to us or our licensors.

Not professional advice

The report and guides on this site are general information. They are not legal, financial, tax or regulatory advice. If you need advice for a specific situation, such as a regulated disclosure or a major tender, please speak to a qualified adviser.

Acceptable use

You must not misuse the Service, attempt to disrupt or gain unauthorised access to it, scrape or copy it, reverse engineer it, use it to build a competing product, or copy substantial parts of our content for commercial purposes without permission.

Changes and availability

We may change, suspend or withdraw any part of the Service at any time without notice. We may suspend or end your access if we believe you have breached these terms.

Liability

The Service is provided "as is" and "as available", without warranties of any kind to the extent permitted by law. We are not liable for any loss of profit, revenue, business, contracts, goodwill or data, or for any indirect or consequential loss, arising from your use of the Service or reliance on a report. Our total liability to you is limited to the greater of the amount you have paid us in the 12 months before the claim and £100.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited by law.

Indemnity

You agree to compensate us for any claims, losses and costs arising from your breach of these terms or from Your Data infringing anyone's rights.

General

We may update these terms at any time by posting a new version on this page, and your continued use of the Service means you accept the updated terms. We may transfer our rights and obligations under these terms to another organisation, including as part of a sale or restructuring of our business. If any part of these terms is found unenforceable, the rest remains in effect.

Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Contact

Questions about these terms? Email [email protected].