Terms of Use

Terms and Conditions (T&Cs)

for the Use of the "ESGLift" Software

Last Updated: 16.01.2026

Provider and Contracting Partner:
mAIaNext UG (haftungsbeschränkt)
Altensteinstraße 40
14195 Berlin
Email: hello@esglift.com

Preamble

These Terms and Conditions (T&Cs) govern the use of the "ESGLift" software (hereinafter referred to as the "Software"), provided by mAIaNext UG (haftungsbeschränkt) (hereinafter referred to as the "Operator") as a web-based Software as a Service (SaaS). By registering for and using the Software, you agree to comply with these terms.

1. Scope and Subject Matter of the Agreement

1.1. These T&Cs apply to all registered users of the ESGLift platform. Our services are directed exclusively at business entities and entrepreneurs within the meaning of Section 14 German Civil Code (BGB), as well as legal entities under public law or special funds under public law. Entering into an agreement with consumers is strictly excluded.
1.2. The subject matter of this agreement is the provision of ESGLift as a Software as a Service (SaaS) application for sustainability reporting. In terms of content, the Software is built upon the requirements of the Voluntary SME Standard (VSME) of EFRAG as of December 2024, facilitating robust ESG reporting.

2. Registration and Conclusion of Agreement

2.1. The use of ESGLift requires prior registration. The user is obligated to provide truthful, accurate, and complete information during the registration process.
2.2. The user agreement is concluded upon confirmation of registration by the Operator. This confirmation is sent electronically via email through an activation link for the portal at app.esglift.com.
2.3. Software Development and Updates: The Software is subject to continuous development, update, and optimal enhancement with new functionalities. The Operator notes that the availability of specific features may be temporarily limited if required for maintenance, updates, or technical improvements to support your ESG reporting journey.

3. Intellectual Property Rights and Rights of Use

3.1. Upon conclusion of the agreement, the Operator grants the user a simple, non-exclusive, non-transferable, and time-limited right for the duration of the agreement to use the ESGLift software via the internet for their own business operations.

4. Pricing and Terms of Payment

4.1. Creating a user account is initially free of charge. Charges apply specifically to the generation of ESG reports. The service fee is calculated per reporting year and per company for which a report is generated within the ESGLift tool.
4.2. The applicable fees are payable annually in advance. Payment processing is handled via an external payment service provider designated by the Operator.
4.3. If the user defaults on payment, the Operator is entitled to temporarily suspend access to the Software until all outstanding payments are settled in full.

5. Utilization of Customer Data for Product Enhancement

5.1. To continuously improve the quality, functionality, and accuracy of ESGLift – particularly the underlying algorithms and AI models – the Operator is entitled to analyze and process data entered by the user in an anonymized and aggregated format.
5.2. This data processing serves exclusively internal product development, research, and optimization of ESG reporting features. Anonymization is carried out in such a manner that it is impossible to identify individual users, their companies, or specific business secrets. Personal data is treated separately and processed strictly in accordance with the Privacy Policy.

6. Warranty and Liability Disclaimer

6.1. Availability: The use of ESGLift is at the user's own risk. The Software is provided on an "as is" and "as available" basis. The Operator strives for maximum availability but does not guarantee uninterrupted operation. To the extent permitted by law, the Operator disclaims liability for any direct or indirect damages arising from the use or unavailability of the Software.
6.2. No Guarantee of Standard Compliance: The Software maps the VSME standard requirements (as of December 2024) to the best of the Operator's knowledge. The Operator does not guarantee or assume liability that this interpretation will be recognized by third parties (such as banks, auditors, or authorities) or that the Software fully covers all conceivable interpretations of the sustainability standards. Claims due to lack of recognition, deviating interpretations, or the specific content structure of the Software are excluded.
6.3. Responsibility for Content and Indemnification:
a) The user bears sole and unrestricted responsibility for the accuracy, completeness, and legality of all entered data and the final generated sustainability reports. The Operator acts strictly as a technical service provider and does not review content for plausibility or truthfulness.
b) The user shall fully indemnify and hold the Operator harmless from any third-party claims (specifically from recipients of the reports, such as banks, investors, business partners, or authorities) asserted against the Operator due to the content, inaccuracy, or incompleteness of an ESG report generated with ESGLift. This indemnification also covers the reasonable costs of any necessary legal defense.
6.4. Limitation of Liability: The foregoing exclusions of liability do not apply to damages arising from injury to life, body, or health, or to damages based on intent or gross negligence by the Operator or its vicarious agents.

7. Third-Party Intellectual Property Rights

7.1. The Operator warrants that, to the best of its knowledge, the ESGLift software is free of third-party rights that would restrict the customer's contractually agreed use.
7.2. If third parties assert claims against the user for infringement of proprietary rights due to the contract-compliant use of the Software, the Operator shall, at its own choice and expense, either procure the right of use for the user or modify the Software to render it non-infringing. This does not apply if the infringement is due to unauthorized modifications of the Software by the user or content entered by the user.
7.3. The user shall indemnify the Operator against all third-party claims resulting from a breach of law or violation of third-party rights through the user's unlawful utilization of the Software or the data entered by the user.

8. Agreement Duration, Termination, and Rights post-Termination

8.1. The user agreement for access to the ESGLift platform (hereinafter referred to as the "Framework User Agreement") is concluded for an indefinite period. Independently of this, the user acquires a separate license for each generated and paid ESG report.
8.2. Rights of Use for Generated Reports: Upon full payment of the fee for a sustainability report, the Operator grants the user a non-exclusive, perpetual, and non-transferable right to use the final generated version of that specific report (e.g., as a PDF document). The user may permanently use, publish, and share this report with third parties for business and ESG compliance purposes.
8.3. Account Termination: The Framework User Agreement may be terminated by either party at any time without notice. The user can execute the termination by deleting their account in the system settings or by sending an email to hello@esglift.com.
8.4. Consequences of Termination: Upon the effective date of termination:
a) the user's access to the platform will be irrevocably deactivated;
b) no new ESG reports can be created, and existing reports can no longer be edited;
c) the right of use acquired under Section 8.2 for already paid and downloaded sustainability reports remains unaffected.
8.5. Data Export and Backups: The user is solely responsible for exporting and downloading all final reports prior to termination. Following termination, there is no right of access or retrieval of data stored on the platform.
8.6. Extraordinary Termination: The right of both parties to terminate the agreement extraordinarily for cause remains unaffected. For the Operator, cause exists in particular if the user materially violates these T&Cs.
8.7. Data Deletion: The Operator is entitled to irrevocably delete all data associated with the user account after termination of the agreement, unless statutory data retention obligations prevent such deletion.

9. Confidentiality

9.1. Both parties agree to treat all confidential information (particularly trade secrets) obtained from the other party in the course of executing this agreement with strict confidentiality and to utilize it solely for the purposes of this contract.
9.2. This obligation does not apply to information that is publicly known or becomes publicly known through no fault of the receiving party.
9.3. The confidentiality obligations shall survive the termination of this agreement.

10. Data Protection and ESG Data Privacy

Protecting your security and privacy is principal to us. The collection and processing of personal data are carried out strictly in accordance with applicable data protection regulations. Complete details can be found in our dedicated Privacy Policy.

11. Miscellaneous and Final Provisions

11.1. This agreement shall be governed by, and construed in accordance with, the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2. To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising out of this agreement shall be the registered office of the Operator in Berlin.
11.3. Should individual provisions of these T&Cs be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, a valid provision that most closely reflects the commercial purpose of the original provision shall be deemed agreed.