Terms of Service
These Terms of Service (“Terms”) govern your access to and use of www.climate-court.com (the “Website”) and any subscription services, products, tools, or materials provided therein (collectively, the “Subscription”). By subscribing, making payment, accessing, or using the Website or any part thereof, you explicitly acknowledge and accept these Terms, which constitute a binding legal agreement under Dutch law. If you do not accept all Terms in full, you may not subscribe, access, or use the Website. These Terms supersede all prior agreements, communications, or understandings, whether written, oral, or electronic.
1. Definitions and Interpretation
1.1 In these Terms, unless the context otherwise requires, the following definitions apply:
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“Content” means all information, data, materials, analyses, reports, case summaries, studies, documents, text, images, graphics, audio, video, software, scripts, databases, tools, or other materials made available through the Website, including updates, supplements, modifications, or enhancements.
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“User” means any person or entity accessing or using the Website, whether registered or unregistered, directly or indirectly.
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“Subscriber” means a User who has purchased, subscribed to, or otherwise obtained access to the Subscription, including trial, promotional, discounted, or standard access.
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“Subscription” means a paid plan granting access to premium Content, tools, or services, offered on monthly, quarterly, or yearly terms, including trial or promotional access.
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“User Content” means content submitted, uploaded, posted, or otherwise made available by Users, including but not limited to comments, questions, data, files, feedback, or suggestions.
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“We/Us/Our” means Climate Court and includes its subsidiaries, affiliates, officers, employees, agents, contractors, successors, and assigns.
1.2 Interpretation rules: headings are for convenience; singular includes plural and vice versa; references to persons include natural and legal persons; references to laws or statutes include amendments, consolidations, or replacements; references to the Website include all mobile, desktop, and other applications, interfaces, or services provided by Climate Court.
2. Acceptance of Terms
2.1 Acknowledgement and Agreement. By subscribing to a plan, providing payment, accessing the Website, or using any part of the Subscription, you explicitly acknowledge, agree, and affirm that you have:
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Read these Terms in full, including all policies, disclaimers, and documents incorporated by reference;
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Understood their content, legal implications, and your obligations; and
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Agreed to be legally bound by these Terms in their entirety, including any amendments, updates, or additional policies posted or incorporated by reference.
You further acknowledge that your access and use of the Website or Subscription constitutes express acceptance of these Terms and that any attempt to access the Website or Content without agreement constitutes a violation subject to legal enforcement.
2.2 Condition of Subscription Activation. Acceptance of these Terms is an absolute and mandatory condition for activating and maintaining a Subscription. Any attempt to circumvent authentication, access controls, or other security measures, or any failure to comply with these Terms, constitutes a material breach. Such breach provides Climate Court with the right to immediately suspend or terminate your Subscription, revoke access permanently, and pursue any remedies available under these Terms or applicable law.
2.3 Consequences of Violation. You expressly acknowledge that any violation or threatened violation of these Terms may result in:
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Immediate suspension or termination of the Subscription;
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Permanent revocation of access to the Website and Content;
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Forfeiture of all rights to use the Content;
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Retention of all fees and payments paid, without obligation of refund; and
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Potential civil, regulatory, or other liability under applicable Dutch law or international law.
Subscribers further acknowledge that unauthorised access, distribution, reproduction, or misuse of Content may constitute intellectual property infringement, breach of contract, or criminal conduct, entitling Climate Court to full enforcement rights.
2.4 Entire Agreement. These Terms, together with all incorporated policies, disclaimers, and referenced documents, constitute the entire agreement between you and Climate Court regarding your access, use, and subscription. They supersede all prior agreements, communications, representations, proposals, or understandings, whether written, oral, electronic, or implied. No oral or written statements by Climate Court or its representatives shall modify, alter, or waive any provision of these Terms unless explicitly authorised in writing by an officer of Climate Court.
2.5 Amendments and Updates. Climate Court reserves the right, at its sole discretion, to modify, update, or supplement these Terms at any time. Modifications become effective immediately upon posting on the Website or other official communication channels. Continued access to or use of the Website or Subscription after such posting constitutes explicit acceptance and agreement to the modified Terms. Subscribers are responsible for reviewing the Terms periodically to ensure compliance with the latest version.
2.6 Enforcement and Remedies. You acknowledge that Climate Court may enforce these Terms through any remedies available under Dutch or international law, including but not limited to:
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Injunctive relief, specific performance, or other equitable remedies;
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Claims for actual or statutory damages, including recovery of legal and enforcement costs;
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Criminal or regulatory reporting, where applicable;
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Any other remedies permitted under law or equity.
You further acknowledge that any breach or threatened breach of these Terms is likely to cause irreparable harm to Climate Court, for which monetary damages alone may be insufficient, and that Climate Court may pursue immediate legal action to prevent or mitigate such harm.
2.7 No Waiver. Failure by Climate Court to enforce any provision of these Terms, or delay in taking action, shall not constitute a waiver of any rights, remedies, or obligations. Any waiver must be express, written, and signed by an authorised representative of Climate Court to be effective.
3. Subscription and Payment Terms
3.1 Subscription Plans and Fees. Subscriptions to the Website are offered on a monthly, yearly, or other plans as determined by Climate Court. All fees are clearly displayed prior to purchase, including any applicable taxes or charges, and may vary depending on the selected plan, promotional offers, discounts, or bundled services. Climate Court reserves the right to modify or discontinue any plan at its sole discretion, with or without prior notice. Subscribers acknowledge that subscription fees are subject to change in accordance with these Terms.
3.2 Payment Obligations. Payment for the Subscription must be made in full and in advance via payment methods accepted by Climate Court, as displayed on the Website at the time of purchase. Partial, late, declined, or reversed payments are strictly prohibited and may result in immediate suspension or termination of access without refund. Subscribers are solely responsible for ensuring that their chosen payment method is valid, authorised, and has sufficient funds. Climate Court accepts no liability for failed transactions due to payment issues.
3.3 Automatic Renewal and Authorisation. Unless cancelled in writing, through the Website, or via other authorised channels, Subscriptions automatically renew at the end of each billing period. By subscribing, Subscribers expressly authorise Climate Court to charge the applicable subscription fees automatically to their selected payment method. Renewal charges will be processed at the beginning of each new billing cycle, and Subscribers are responsible for ensuring valid payment methods remain on file.
3.4 Cancellation by Subscribers. Subscribers may cancel their Subscription at any time in accordance with authorised procedures. Cancellation takes effect at the end of the current paid billing period, unless otherwise agreed in writing by Climate Court. Access to the Website and Subscription continues until the end of the paid period. Climate Court does not guarantee partial refunds, and any discretionary refunds, credits, or adjustments are issued solely at Climate Court’s discretion and may be subject to conditions.
3.5 Non-Refundable Fees. All fees are strictly non-refundable and non-creditable, including fees for early termination, failure to use, technical problems, service interruptions, downtime, or inability to access the Website for any reason. Climate Court may, at its sole discretion and in exceptional circumstances, issue partial refunds, credits, or account adjustments, which shall not create any precedent or contractual right.
3.6 Fee Changes. Climate Court reserves the right to adjust subscription fees, taxes, or charges at any time. Subscribers are responsible for reviewing updated fees prior to renewal or continued use. Continued use of the Website or Subscription after a fee change constitutes explicit acceptance of the new fees.
3.7 Access Contingent on Payment. Access to the Website and Subscription is conditional upon timely and successful payment. Delinquent, rejected, reversed, or otherwise invalid payments may result in immediate suspension, termination, or denial of access without notice or refund. Climate Court may also refuse to allow future access or renewal for Subscribers with outstanding payment issues.
3.8 Account Accuracy. Subscribers must maintain accurate, complete, and up-to-date account, billing, and contact information. Climate Court is not liable for service disruptions, failed payments, or other losses resulting from inaccurate, incomplete, or outdated information provided by the Subscriber. Subscribers are responsible for promptly updating their account information to ensure continued access.
3.9 Prohibition on Sharing or Transfer. Sharing login credentials, reselling, sublicensing, distributing, or otherwise transferring access to the Website, Subscription, or Content to any third party is strictly prohibited. Any such unauthorised actions constitute a material breach of these Terms and may result in immediate termination of access, legal action, claims for damages, injunctions, and full recovery of enforcement costs, including attorneys’ fees.
3.10 Trial, Promotional, or Discounted Access. Trial periods, promotional offers, or discounted access are offered at Climate Court’s sole discretion. Such access may be revoked, modified, or terminated at any time without notice and does not confer any contractual rights beyond the stated period. Subscribers acknowledge that continued access after the expiration of a trial or promotional period requires subscription at standard rates or authorised offers.
3.11 Finality and Discretion of Transactions. Subscribers agree that all financial transactions, including subscription purchases and renewals, are final unless otherwise determined in Climate Court’s sole discretion. Climate Court reserves the right to refuse, cancel, suspend, or reverse payments, subscriptions, or renewals at any time for any reason, including suspected fraud, non-compliance with these Terms, payment issues, or other violations.
3.12 Taxes and Regulatory Charges. Subscribers are responsible for any applicable taxes, duties, or other governmental charges associated with their Subscription, unless explicitly stated otherwise. VAT will be added to the final invoice. Climate Court may collect and remit such amounts in accordance with applicable law, and Subscribers agree to provide accurate billing information for this purpose.
3.13 Subscription Adjustments. Climate Court may, at its sole discretion, upgrade, downgrade, or modify subscription plans to improve services, comply with legal requirements, or for operational reasons. Any adjustments will be communicated through the Website or email, and continued use following an adjustment constitutes acceptance of the modified subscription terms.
4. Intellectual Property, Anti-Circumvention, and Redistribution
4.1 Ownership of Content. All Content available on the Website, including but not limited to text, images, data, reports, analyses, software, scripts, case summaries, databases, charts, visualisations, and other materials, excluding User Content, is the sole and exclusive property of Climate Court or its licensors. Such Content is protected under Dutch and international copyright, trademark, database, and other intellectual property laws, as well as all applicable proprietary rights, trade secrets, and confidential information protections. Any unauthorised use of the Content may violate these laws and result in civil and criminal liability.
4.2 Limited License for Subscribers. Subscribers are granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use Content solely for personal, professional, educational, or research purposes. Any use beyond this scope, including commercial exploitation, resale, or public dissemination, requires prior written authorisation from Climate Court. This license does not convey any ownership or intellectual property rights in the Content.
4.3 Prohibited Uses and Anti-Circumvention. Subscribers expressly agree not to copy, reproduce, distribute, resell, sublicense, repurpose, extract, scrape, mine, reverse-engineer, or otherwise exploit Content for any unauthorised purpose. Subscribers shall not use automated means, including scripts, bots, crawlers, spiders, or other software or tools, to access, collect, or harvest Content or data from the Website. Subscribers shall not attempt to bypass, disable, or circumvent any access controls, authentication, encryption, or other security measures implemented on the Website. Any such activity constitutes a material breach and may result in immediate legal action.
4.4 Derivative Works and Adaptations. Creating derivative works, translations, adaptations, compilations, or other modifications of Content for commercial purposes is strictly prohibited without prior written consent from Climate Court. Even permitted uses must comply with applicable copyright, database, and intellectual property laws, and must properly credit Climate Court as the source.
4.5 Restrictions on Redistribution. Sharing, publishing, distributing, or redistributing Content, in whole or in part, through any medium, including websites, social media platforms, email, printed materials, or any third-party service, is strictly prohibited unless expressly authorised in writing by Climate Court. Unauthorised redistribution is considered a material breach of these Terms and may give rise to legal claims for damages, injunctive relief, and recovery of enforcement costs.
4.6 Acknowledgement and Compliance. Subscribers must properly attribute and acknowledge all Content in accordance with applicable copyright, database, and intellectual property laws when using Content for any permitted purposes. Subscribers agree to comply with all applicable international, national, and local intellectual property laws and regulations.
4.7 User Content License. While User Content remains the property of the submitting User, submission grants Climate Court a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, or incorporate User Content in any form, for any purpose, including research, marketing, publication, or other lawful activities. Users waive any claims to compensation arising from such use.
4.8 Consequences of Unauthorised Use. Unauthorised use of Content or infringement of Climate Court’s intellectual property rights constitutes a material breach of these Terms, entitling Climate Court to:
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Immediate suspension or termination of the Subscriber’s access;
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Claims for injunctive or equitable relief to prevent further infringement;
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Recovery of damages, including lost profits, reputational harm, and legal costs;
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Pursuit of criminal or civil penalties to the maximum extent permitted under law.
4.9 Subscriber Cooperation. Subscribers agree to fully cooperate with Climate Court in protecting its intellectual property rights, including providing documents, evidence, testimony, or other assistance in investigations, enforcement actions, or legal proceedings related to IP infringement. Failure to cooperate may be considered a further breach of these Terms.
4.10 Survival. The obligations and prohibitions set forth in this Section 4, including restrictions on use, redistribution, anti-circumvention, IP compliance, and cooperation with enforcement, shall survive termination or expiration of the Subscriber’s access to the Website or Subscription.
5. User Content
5.1 Responsibility and Compliance. Users and Subscribers are solely responsible for all User Content they submit, upload, post, transmit, or otherwise make available through the Website or Subscription. Users must ensure that their User Content complies with all applicable local, national, and international laws, regulations, rules, and these Terms, including intellectual property, privacy, data protection, and anti-discrimination laws. Users acknowledge that they bear full responsibility for any consequences, damages, or legal actions arising from their User Content, including actions brought by third parties.
5.2 Monitoring, Review, and Removal. Climate Court may, at its sole discretion, monitor, review, edit, refuse, remove, or restrict access to any User Content, without prior notice or liability. Climate Court is under no obligation to monitor User Content and accepts no responsibility for failing to do so. Removal or restriction of User Content does not imply any admission of wrongdoing by the User or any acknowledgement of illegality by Climate Court.
5.3 No Endorsement. Submission, posting, or publication of User Content does not constitute endorsement, approval, sponsorship, or responsibility by Climate Court for the accuracy, reliability, legality, or appropriateness of the content. Users agree that Climate Court has no obligation to investigate or verify the accuracy, legality, or suitability of User Content.
5.4 Indemnification for User Content. Users expressly agree to indemnify, defend, and hold harmless Climate Court, its affiliates, officers, directors, employees, agents, licensors, and assigns from any and all claims, demands, actions, proceedings, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising from or related to User Content. This includes, without limitation, claims arising from:
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Intellectual property infringement (copyright, trademark, database rights, patent, or other proprietary rights);
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Defamation, libel, or slander;
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Violation of privacy, publicity, or personal rights;
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Obscene, offensive, or otherwise unlawful content;
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Misrepresentation, fraud, or misleading statements;
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Any other claims, losses, or damages caused directly or indirectly by the User Content or its dissemination.
5.5 Prohibited Content. Users agree not to post, submit, transmit, or make available any content that:
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Is illegal, unlawful, or in violation of any applicable law, regulation, or government rule;
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Is harmful, threatening, abusive, harassing, discriminatory, defamatory, vulgar, obscene, or pornographic;
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Infringes any intellectual property or proprietary rights of any person or entity;
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Violates the privacy or publicity rights of any individual;
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Promotes violence, terrorism, self-harm, or illegal activities;
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Contains malware, viruses, or other harmful code;
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Is otherwise objectionable, offensive, or inconsistent with the purpose, integrity, or safety of the Website or Subscription.
5.6 License to Use User Content. By submitting User Content, Users grant Climate Court a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, reproduce, distribute, display, perform, adapt, modify, or otherwise exploit the User Content in connection with the Website, Subscription, promotional materials, research, publications, or any other lawful purpose. Users acknowledge that they will not receive any compensation for the use of User Content under this license.
5.7 Right to Act Against Violations. Climate Court reserves the right, in its sole discretion, to take any action it deems appropriate in response to User Content that violates these Terms, including removal, account suspension, legal action, and claims for damages. Users acknowledge that Climate Court may cooperate fully with legal authorities regarding User Content that is illegal or allegedly illegal.
5.8 Survival of Obligations. The obligations in this Section 5, including responsibility for User Content, indemnification, and compliance with prohibited content rules, shall survive termination or expiration of the Subscriber’s access to the Website or Subscription.
6. Accuracy, Disclaimers, and No Legal Advice
6.1 Informational Purpose Only. All Content provided on the Website or through the Subscription, including but not limited to text, reports, analyses, case summaries, data, charts, visuals, or any other materials, is provided strictly for informational purposes only. Such Content is intended to support research, analysis, and general understanding and may not be comprehensive, complete, accurate, current, or applicable to any specific situation. Users and Subscribers acknowledge that Content is inherently dynamic and subject to change over time, and that Climate Court makes no representations regarding the suitability of the Content for any particular purpose.
6.2 No Legal or Professional Advice. Nothing on the Website, in the Subscription, or communicated by Climate Court or its representatives constitutes legal, regulatory, financial, or professional advice. Accessing or using the Website does not create an attorney-client, fiduciary, or professional relationship between Climate Court and any User or Subscriber. Subscribers acknowledge that reliance on Content for decision-making or professional purposes is done entirely at their own risk, and Climate Court explicitly disclaims any liability for decisions or actions taken based on such Content. Users should seek independent professional advice before acting on any information obtained from the Website or Subscription.
6.3 Efforts to Ensure Accuracy. Climate Court makes reasonable and diligent efforts to ensure that the Content is accurate, reliable, and free from material errors at the time of publication. Such efforts may include editorial review, cross-referencing of sources, and periodic updates. However, Climate Court does not guarantee that the Content is free from errors, omissions, inaccuracies, or typographical mistakes, nor does it guarantee that any information is complete, up to date, or suitable for any specific purpose.
6.4 Independent Verification Required. Subscribers expressly agree to independently verify, assess, and evaluate all Content before using it for any purpose. This includes, without limitation, verifying legal citations, regulatory references, case law summaries, or other factual material. Climate Court shall not be responsible or liable for any damages, losses, or costs arising from reliance on inaccurate, incomplete, outdated, or misinterpreted Content.
6.5 “As Is” and “As Available” Disclaimer. The Website, Subscription, and all Content are provided on an “as is,” “as available,” and “with all faults” basis. Climate Court makes no warranties, representations, or guarantees, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, reliability, uninterrupted availability, or non-infringement. Subscribers acknowledge that technological, operational, or systemic issues may cause errors, interruptions, or delays in the delivery or accuracy of Content.
6.6 Limitations of Liability for Certain Obligations. Nothing in these Terms shall exclude, limit, or restrict Climate Court’s liability for death, personal injury, fraud, or any other liability that cannot be excluded under Dutch law. In all other circumstances, Subscribers acknowledge and accept that Climate Court’s liability is strictly limited to the maximum extent permitted under Dutch law, and that Climate Court shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use of, access to, or reliance upon the Website or Subscription.
6.7 Acknowledgement of Risks. By using the Website or Subscription, Subscribers acknowledge that all reliance on Content is undertaken voluntarily, at their own risk, and that Climate Court cannot and does not warrant that Content will be free from errors, omissions, or inconsistencies, or that it will meet any Subscriber’s specific requirements. Subscribers also agree that Climate Court is not responsible for consequences arising from the misapplication, misinterpretation, or inappropriate reliance on any Content.
6.8 No Endorsement. The inclusion or reference to any external entity, case, data source, or material within the Content does not constitute an endorsement, guarantee, or recommendation by Climate Court. Subscribers must exercise independent judgment and discretion when considering or acting upon such information.
7. Limitation of Liability
7.1 Extent of Liability Exclusion. To the fullest extent permitted by Dutch law, Climate Court, its officers, employees, agents, contractors, affiliates, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive losses or damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, loss of anticipated savings, loss of data, loss of goodwill, reputational harm, or any other economic or non-economic losses, whether arising in contract, tort (including negligence), strict liability, or otherwise. This limitation applies regardless of whether Climate Court had knowledge, actual or constructive, of the possibility of such damages, and regardless of the form of claim or legal theory asserted.
7.2 Limitation to Foreseeable, Direct Damages. Where liability cannot be fully excluded under applicable law, Climate Court’s total liability for any claims arising out of or relating to the Website, Subscription, or Content, whether in contract, tort, negligence, or otherwise, shall be strictly limited to the lesser of (i) the amount actually paid by the Subscriber for the Subscription giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim, or (ii) damages that were reasonably foreseeable and directly caused by a proven breach of these Terms, except where mandatory provisions of Dutch law prescribe otherwise. Any damages outside this scope, including indirect, consequential, or speculative damages, are expressly excluded.
7.3 Time Limitation for Claims. Subscribers agree that any claim, demand, or action arising from or related to the Website, Subscription, or Content must be initiated within one (1) year from the date the cause of action arose. After this period, all such claims are irrevocably waived. This time limitation applies regardless of any contrary statutory provision, except to the extent prohibited by Dutch law.
7.4 Acknowledgement of Risk. Subscribers expressly acknowledge and agree that all reliance on the Website, Subscription, and Content is at their own risk, and that Climate Court makes no guarantees regarding accuracy, completeness, timeliness, or applicability. Subscribers accept full responsibility for any decisions, actions, or omissions based on the Content, including professional, academic, or business-related decisions, and recognise that Climate Court assumes no responsibility for consequences resulting from such reliance.
7.5 Interruptions and External Factors. Climate Court shall not be liable for any damages, losses, or costs arising from interruptions, delays, errors, omissions, unauthorised access, system failures, technical issues, cyberattacks, power outages, internet disruptions, third-party service failures, or other events beyond its reasonable control, including force majeure events such as natural disasters, acts of war or terrorism, government actions, labor disputes, pandemics, or other unforeseen circumstances. Subscribers acknowledge that technological and operational limitations may affect the availability or functionality of the Website and Subscription, and accept such risks.
7.6 No Reliance on Representations. Subscribers further acknowledge that any statements, representations, or Content provided on the Website or through the Subscription do not create any additional obligations, warranties, or guarantees, whether express or implied. Climate Court disclaims all responsibility for any reliance placed on third-party references, citations, or external resources included in the Content, and Subscribers agree not to assert claims based on reliance on such information.
7.7 Cumulative and Independent Limitations. The limitations and exclusions of liability in this Section 7 are cumulative and independent of each other, and shall apply regardless of the nature of any claim or legal theory. If any provision in this Section is held to be unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
8. Indemnification
Subscribers agree to indemnify, defend, and hold harmless Climate Court, its officers, employees, agents, and affiliates from any claims, damages, losses, liabilities, or expenses, including reasonable legal fees, arising from: misuse or unauthorized use of the Website or Content; breach of these Terms; violation of intellectual property rights or other legal rights; any act or omission relating to User Content; any violation of anti-circumvention, redistribution, or scraping rules.
9. Termination
9.1 Right to Terminate or Suspend by Climate Court. Climate Court reserves the right, at its sole discretion, to suspend, restrict, or terminate a Subscriber’s access to the Website or Subscription immediately and without notice for any reason, including but not limited to:
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Breach or suspected breach of any provision of these Terms;
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Misuse, unauthorised use, or fraudulent use of the Website, Subscription, or Content;
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Circumvention of access controls, anti-scraping mechanisms, or intellectual property protections;
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Sharing login credentials or providing access to third parties;
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Any conduct that, in Climate Court’s judgment, may harm its reputation, business operations, or the experience of other users;
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Failure to comply with applicable laws, regulations, or third-party obligations.
Such suspension or termination shall not constitute a waiver of any rights or remedies available to Climate Court under these Terms or applicable law, including the right to seek damages, injunctive relief, or specific performance.
9.2 Termination by Subscriber. Subscribers may terminate their Subscription at any time by following the authorised cancellation procedures on the Website or by written notice. Termination by the Subscriber shall take effect at the end of the current billing period, unless otherwise agreed in writing. No early termination refunds are guaranteed, and any discretionary refunds are at the sole discretion of Climate Court.
9.3 Obligations Survive Termination. Termination, whether initiated by Climate Court or the Subscriber, does not relieve the Subscriber of obligations incurred prior to termination, including but not limited to:
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Payment of all fees accrued or due under the Subscription;
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Compliance with intellectual property obligations, including respect for copyrights, database rights, and other proprietary rights;
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Indemnity obligations set forth in Section 8;
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Confidentiality and privacy obligations;
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Compliance with any applicable laws or regulations.
9.4 Post-Termination Use of Content. Upon termination, Subscribers must immediately cease all use of the Website and Content, and must delete, destroy, or return all copies of Content in their possession, custody, or control, unless expressly authorised in writing by Climate Court. Any continued use of Content or access to the Website without authorisation constitutes a material breach and may result in legal action, including claims for injunctive relief, damages, and recovery of enforcement costs.
9.5 Retention of Records. Climate Court may retain copies of Subscriber records, communications, account information, or Content for legal, regulatory, accounting, or archival purposes. Retention of such materials does not grant any continued rights to access the Website or Subscription, and Subscribers may not rely on the existence of retained records for any purpose beyond what is explicitly authorised.
9.6 No Waiver. Failure or delay by Climate Court in exercising any right or remedy under this Section or any other provision of these Terms shall not constitute a waiver of such right or remedy. Any waiver must be made explicitly in writing and signed by an authorised representative of Climate Court.
9.7 Effect of Termination on Ongoing Obligations. Termination does not affect any rights, remedies, or obligations of Climate Court that have accrued prior to termination, nor does it limit the ability to pursue claims for any violation of these Terms, including misuse, infringement, or breach of anti-circumvention, redistribution, or scraping rules.
9.8 Enforcement Rights. Subscribers expressly acknowledge that any breach of these Terms, including failure to delete Content post-termination or unauthorised continued access, may cause irreparable harm to Climate Court, for which monetary damages may be inadequate. Climate Court shall therefore have the right to seek injunctive or equitable relief, in addition to any other remedies available under law or equity.
10. Miscellaneous
10.1 Privacy and Cookies. Use of the Website and Subscription is governed by our Privacy Policy and Cookie Policy, which are incorporated herein by reference and form an integral part of these Terms. Subscribers expressly consent to the collection, storage, processing, and use of personal and non-personal data in accordance with applicable laws, including the General Data Protection Regulation (GDPR) and any other relevant privacy or data protection legislation. Subscribers acknowledge that the Website may use cookies, tracking technologies, or similar tools to enhance functionality, provide personalised experiences, or analyse usage, and consent to such practices as set forth in the Cookie Policy. Climate Court reserves the right to modify the Privacy Policy or Cookie Policy at any time; continued use of the Website or Subscription after such modifications constitutes acceptance of the updated policies.
10.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed, without affecting the validity, legality, or enforceability of the remaining provisions.
10.3 Assignment. Subscribers may not assign, transfer, or delegate their rights or obligations under these Terms without the prior written consent of Climate Court. Climate Court may assign, transfer, or subcontract any of its rights or obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. These Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
10.4 Entire Agreement. These Terms, together with the Privacy Policy, Cookie Policy, and any other documents explicitly incorporated by reference, constitute the entire agreement between the Subscriber and Climate Court regarding the Website and Subscription, and supersede all prior or contemporaneous agreements, proposals, communications, or understandings, whether written, oral, or electronic.
10.5 No Waiver. The failure or delay of Climate Court to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision, nor shall it affect Climate Court’s right to enforce such provision or any other provision in the future. Any waiver must be made expressly in writing and signed by an authorised representative of Climate Court.
10.6 Third-Party Links and Content. The Website may contain links to third-party websites, services, or resources, or display content provided by third parties. Such links and content are provided solely for convenience and do not constitute endorsement, sponsorship, or verification by Climate Court. Subscribers access and use third-party resources at their own risk, and Climate Court assumes no responsibility or liability for the availability, accuracy, or legality of such content.
10.7 Amendments and Modifications. Climate Court may modify, update, or supplement these Terms at any time in its sole discretion. Such amendments shall become effective immediately upon posting on the Website. Subscribers are responsible for reviewing the Terms periodically and continued use of the Website or Subscription constitutes acceptance of any changes.
10.8 Notices. All notices, requests, or communications required or permitted under these Terms shall be provided electronically via email or through the Website, unless otherwise explicitly required by law. Notices sent to the Subscriber shall be deemed effective when sent to the email address associated with the Subscriber account. Notices to Climate Court must be sent to the designated contact email provided on the Website.
10.9 Governing Law. These Terms and all Subscriptions are governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.
10.10 Jurisdiction and Venue. All disputes, claims, or controversies arising out of or relating to these Terms, the Website, or the Subscription shall be subject to the exclusive jurisdiction of the competent courts in Amsterdam, Netherlands. Subscribers expressly waive any objections based on forum non conveniens, inconvenient venue, or lack of personal jurisdiction.
10.11 Survival of Terms. Sections concerning Intellectual Property, Indemnity, Limitation of Liability, Termination, Privacy, and other provisions expressly intended to survive termination shall remain in full force and effect after any cancellation, expiration, or termination of the Subscription or access to the Website.
10.12 Headings. Headings in these Terms are included for convenience only and shall not affect the interpretation or construction of the Terms.
