Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") govern access to and use of the Eco Heroes Double Materiality Assessment Platform (the "Service") provided by Eco Heroes International SL ("we", "us", or "Provider"). The Service is an online assessment tool aligned with the EFRAG Voluntary Sustainability Reporting Standard for Small and Medium-sized Enterprises (VSME), adopted by the European Commission in July 2025.

By registering for an account, accessing the Platform, or purchasing a Certification, you ("Customer", "you") accept these Terms in full. If you do not accept these Terms, you may not use the Service.

These Terms apply to all types of Customers:

• Organisations — private companies, cooperatives, associations, foundations, destination management organisations (DMOs), and public bodies purchasing the Service for organisational use.
• Individual professionals — freelancers, self-employed operators, guides, sole proprietors (Italian ditta individuale, Spanish autónomo, equivalent in other jurisdictions) registering in the course of their professional activity.

The Service is not intended for consumers acquiring Certification for private, non-professional use. If you are a consumer within the meaning of Directive 2011/83/EU, these Terms may be supplemented by mandatory consumer protection provisions of your country of residence.

2. Definitions

• "Platform" — the web application hosted at assessment.eco-heroes.org and subdomains, including the European Registry at registry.eco-heroes.org.
• "Certification" — the verifiable Double Materiality Assessment output issued in PDF format with a unique QR code, valid for twelve (12) months from issuance.
• "Assessment Data" — information entered by the Customer into the Platform during the self-assessment process.
• "Registry Data" — the subset of Customer data published on the public European Registry with Customer authorisation.
• "Coupon" — a promotional discount code issued to the Customer under a Memorandum of Understanding or commercial agreement between Eco Heroes and a partner federation, DMO, or institution.
• "Documentation" — the user guides, FAQs, technical specifications, and methodology documents published by Provider.

3. Description of the Service

The Service enables the Customer to:

1. Complete an online Double Materiality Assessment aligned with EFRAG VSME methodology.
2. Receive a Certification PDF with a QR code verifiable at registry.eco-heroes.org.
3. Obtain inclusion in the public European Registry, indexed in 14 EU languages.
4. Receive a personalised roadmap identifying 3–5 priority ESG topics for the organisation.
5. Obtain a right of use of the Eco Heroes brand mark for twelve (12) months from Certification.

The Service does not constitute:

• A statutory audit under Directive 2014/56/EU or equivalent national legislation.
• Formal assurance under ISAE 3000, ISAE 3410, or similar assurance standards.
• Legal, tax, or investment advice of any kind.
• A substitute for mandatory CSRD reporting obligations that may apply to the Customer.

The Certification is a self-declaration by the Customer, reviewed by the Platform against the EFRAG VSME framework. The Customer remains solely responsible for the accuracy of the Assessment Data entered.

4. Account Registration

4.1 Eligibility

To register, you must:

• Be at least eighteen (18) years of age (or the age of legal majority in your jurisdiction).
• Be legally authorised to bind the organisation on whose behalf you are registering, or register in your own name as an individual professional.
• Provide accurate, complete, and up-to-date registration information.

4.2 Account security

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying Provider promptly at info@eco-heroes.org of any unauthorised access.

Provider is not liable for losses arising from unauthorised access caused by the Customer's failure to protect account credentials.

5. Pricing, Payment, and Coupons

5.1 Published prices

Prices are published at eco-heroes.org and on the Platform. As of the effective date of these Terms:

• Micro (B&Bs, guides, small restaurants, sole proprietors): €149
• Small (3-star hotels, tour operators, small PMIs): €349
• Medium (4–5-star hotels, large tourism operators, medium PMIs): €799

Prices are exclusive of VAT (IVA) and applicable local taxes. VAT will be charged at the rate applicable in the Customer's country of establishment in accordance with EU Directive 2006/112/EC.

5.2 Payment

Payment is due in full at the time of purchase via the payment methods available on the Platform. Provider uses third-party payment processors (Stripe, PayPal, or equivalent) that comply with PCI-DSS standards. Provider does not store payment card information.

5.3 Coupons

Coupons issued under partner agreements (e.g. CONFINDUSTRIA15, {DMO-CODE}15) apply automatically at checkout when entered. Coupons:

• Are non-cumulative with other promotional offers unless explicitly stated.
• Have the validity period and scope specified at issuance.
• Do not reduce the price below the minimum threshold required for Certification issuance.
• Cannot be exchanged for cash or transferred to third parties without Provider's written consent.

5.4 Refunds

The Service is a digital service provided immediately upon purchase. For Customers who are not consumers under Directive 2011/83/EU, no right of withdrawal applies once the Certification has been issued, in accordance with Article 16(m) of the Directive.

For consumers (as defined in Section 1), the statutory right of withdrawal applies within fourteen (14) days of purchase, unless the Customer has expressly consented to immediate execution and acknowledged the loss of the right of withdrawal upon Certification issuance.

6. Licence Grant and Intellectual Property

6.1 Platform IP

The Platform, including all software, methodology, documentation, trademarks (including "Eco Heroes" and "eh!"), trade dress, and content published by Provider, is and remains the exclusive property of Provider. Nothing in these Terms transfers any ownership of intellectual property to the Customer.

6.2 Customer data ownership

The Customer retains full ownership of Assessment Data entered into the Platform. By submitting Assessment Data, the Customer grants Provider a limited, non-exclusive, royalty-free licence to:

1. Process the data solely to deliver the Service.
2. Include aggregated, anonymised statistics in Provider's research, marketing, and partnership activities (e.g. "23% of certified operators in the mountain segment prioritise water management"). No Customer-identifying data is used in aggregated statistics without explicit consent.
3. Publish Registry Data on the public European Registry with the Customer's explicit authorisation at Certification issuance.

6.3 Brand mark licence

Upon issuance of a valid Certification, Provider grants the Customer a limited, non-exclusive, non-transferable, revocable licence to use the "Eco Heroes Certified" brand mark for twelve (12) months on:

• The Customer's website, booking engine, and digital channels.
• Customer marketing materials (printed and digital).
• Responses to public tenders and private procurement procedures.

The licence terminates automatically upon expiry of the Certification (twelve months from issuance) unless renewed. Misuse of the brand mark (including use after expiry, modification of the mark, or use by a third party) is a material breach of these Terms and entitles Provider to immediate revocation and legal remedies.

6.4 Prohibited uses

The Customer may not:

• Reproduce, modify, reverse-engineer, decompile, or create derivative works of the Platform.
• Use the Platform to train artificial intelligence or machine learning models without Provider's prior written consent.
• Resell, sublicence, or provide the Service to third parties.
• Use the Platform in any manner that violates applicable law or infringes the rights of others.

7. Service Level and Availability

7.1 Target availability

Provider targets a Platform availability of 99.5% measured monthly, excluding scheduled maintenance and Force Majeure events (as defined in Section 13).

7.2 Scheduled maintenance

Scheduled maintenance will be announced at least forty-eight (48) hours in advance via the Platform and via email to registered Customers. Scheduled maintenance is not counted against availability targets.

7.3 Remedies for unavailability

If monthly availability falls below 99.5% for reasons attributable to Provider (excluding Force Majeure), the Customer may request, within thirty (30) days of the month-end, a service credit equal to:

• 5% of the monthly fee for availability between 99.0% and 99.5%
• 10% for availability between 95.0% and 99.0%
• 25% for availability below 95.0%

Given that the Service operates on a one-time Certification fee rather than recurring subscription, service credits apply to the renewal fee or to any subsequent purchase. Service credits are the sole and exclusive remedy for Platform unavailability.

8. Data Processing and Privacy (GDPR)

8.1 Roles

For personal data processed through the Platform:

• When the Customer is an organisation entering data about its employees, consultants, or contacts, the Customer is the Data Controller and Provider acts as Data Processor.
• When the Customer is an individual professional entering their own personal data, Provider is the Data Controller for the limited purpose of identity verification, account management, and billing.

8.2 Data Processing Agreement

A Data Processing Agreement ("DPA") compliant with Article 28 of Regulation (EU) 2016/679 (GDPR) is incorporated by reference into these Terms and is available at assessment.eco-heroes.org/legal/dpa.php. By accepting these Terms, the Customer accepts the DPA.

8.3 International transfers

Where personal data is transferred outside the European Economic Area (EEA), Provider uses the Standard Contractual Clauses (SCCs) approved by Commission Implementing Decision (EU) 2021/914. Provider does not currently transfer Customer data outside the EEA; in the event of future transfers, Customers will be notified at least thirty (30) days in advance.

8.4 Customer rights under GDPR

Customers and data subjects may exercise all rights granted by GDPR (access, rectification, erasure, restriction, portability, objection, and the right not to be subject to automated decision-making) by contacting privacy@eco-heroes.org. Provider responds to rights requests within thirty (30) days.

8.5 Privacy Policy

The detailed Privacy Policy, published at eco-heroes.org/legal/privacy, forms an integral part of these Terms.

9. Termination and Data Portability (EU Data Act)

9.1 Customer's right to terminate

In accordance with Chapter VI of Regulation (EU) 2023/2854 (the "EU Data Act"), the Customer may terminate the use of the Service at any time, for any reason, by giving written notice to info@eco-heroes.org. The maximum notice period is two (2) months from receipt of the termination request.

9.2 Provider's right to terminate

Provider may terminate or suspend the Customer's access to the Service with written notice:

• Immediately, for material breach of these Terms, including but not limited to: fraudulent data entry, brand mark misuse, non-payment, use of the Platform for illegal purposes, or violation of Section 6.4.
• With thirty (30) days' notice, for any other reason, with pro-rata refund for the unexpired portion of the Certification period (if applicable).

9.3 Effects of termination

Upon termination:

• The Customer's right to use the Platform ceases.
• Any valid Certification remains valid until its original expiry date unless terminated for material breach of Section 6.3 (Brand Mark misuse).
• Assessment Data and Registry Data are processed according to Sections 9.4 and 9.5 below.

9.4 Data export (EU Data Act Chapter VI)

In accordance with Article 25 of the EU Data Act, the Customer may export all Assessment Data and Certification records in a structured, commonly used, and machine-readable format (JSON, CSV, or PDF, at the Customer's choice) at any time before or within thirty (30) days after termination. Export is provided free of charge.

9.5 Data retention and deletion

• Assessment Data: retained for the duration of the Certification and for three (3) years thereafter for audit, legal, and statistical purposes, then deleted.
• Registry Data: removed from the public European Registry within fourteen (14) days of termination or Certification expiry (whichever is earlier), unless the Customer requests continued listing.
• Account and billing records: retained for the period required by Spanish tax law (currently six years under Article 30 of the Código de Comercio).

10. Warranties and Disclaimers

10.1 Provider warranties

Provider warrants that:

• The Service will be provided with reasonable skill and care in accordance with industry standards.
• The methodology underlying the DMA Platform is aligned with the EFRAG VSME framework as adopted by the European Commission.
• Provider has the legal right to grant the licences and provide the Service described in these Terms.

10.2 Disclaimers

Except for the warranties expressly stated in Section 10.1, the Service is provided "AS IS" and Provider disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.

In particular, Provider does not warrant that:

• The Service will meet the Customer's specific regulatory, certification, or reporting requirements.
• The Certification will be accepted by any specific third party (buyer, tender authority, bank, or public body).
• The Platform will be uninterrupted, error-free, or free from harmful components at all times.

11. Limitation of Liability

11.1 Cap on liability

To the maximum extent permitted by applicable law, Provider's aggregate liability arising out of or relating to these Terms or the Service, whether in contract, tort, statute, or otherwise, is limited to the total amount paid by the Customer to Provider in the twelve (12) months preceding the event giving rise to the claim, with a minimum floor of €500.

11.2 Exclusion of indirect damages

Provider shall not be liable for:

• Loss of profits, revenue, business opportunities, or goodwill.
• Loss or corruption of data beyond the scope of Section 9.4 (Data Export).
• Indirect, incidental, special, consequential, or punitive damages.

11.3 Non-excludable liability

Nothing in these Terms limits or excludes liability for:

• Death or personal injury caused by Provider's negligence.
• Fraud or fraudulent misrepresentation.
• Willful misconduct or gross negligence.
• Any other liability that cannot be limited or excluded under applicable law, including mandatory provisions of Spanish law and EU consumer protection law where applicable.

12. Indemnification

The Customer shall indemnify and hold Provider harmless from any third-party claim arising from:

• The Customer's breach of these Terms.
• The Customer's misuse of the Platform or the brand mark licence.
• The Customer's Assessment Data, where such data infringes third-party rights or contains unlawful content.
• Any representation by the Customer to third parties that is inconsistent with the scope and nature of the Certification as defined in Section 3.

13. Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to: natural disasters, war, terrorism, civil unrest, industrial action, governmental action, public health emergencies, failure of internet backbone or third-party infrastructure, or changes in law that render performance unlawful.

The affected party will notify the other party as soon as reasonably practicable and make commercially reasonable efforts to mitigate the impact.

14. Changes to these Terms

Provider may update these Terms from time to time. When changes are material:

• Customers will be notified at least thirty (30) days before the changes take effect, via email and via a notice on the Platform.
• If the Customer does not agree with the changes, the Customer may terminate the Service in accordance with Section 9.1, without penalty, before the changes take effect.
• Continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms.

The current version of these Terms is always available at assessment.eco-heroes.org/legal/terms. Previous versions are archived at assessment.eco-heroes.org/legal/terms/archive.

15. Governing Law and Jurisdiction

15.1 Governing law

These Terms are governed by and construed in accordance with the laws of the Kingdom of Spain, without regard to conflict of laws principles.

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

15.2 Mandatory EU provisions

The choice of Spanish law does not deprive the Customer of the protection afforded by:

• Regulation (EU) 2016/679 (GDPR) on personal data protection.
• Regulation (EU) 2023/2854 (EU Data Act) on data portability and termination rights.
• Mandatory consumer protection provisions of the Customer's country of habitual residence, where the Customer qualifies as a consumer under Directive 2011/83/EU.
• Article 6 of Regulation (EC) 593/2008 (Rome I) on the law applicable to contractual obligations.

15.3 Jurisdiction

Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of Girona, Spain, without prejudice to:

• The right of a consumer to bring proceedings in the courts of the consumer's country of habitual residence (where applicable).
• The right of either party to seek injunctive or equitable relief in any competent jurisdiction to protect intellectual property rights.

15.4 Online Dispute Resolution

In accordance with Regulation (EU) 524/2013, the European Commission operates an Online Dispute Resolution (ODR) platform available at https://ec.europa.eu/consumers/odr. Consumers may use this platform for out-of-court resolution of disputes arising from online transactions.

15.5 Spanish LSSI compliance

Provider operates in compliance with Spanish Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE), including its most recent amendment through Royal Decree Law 9/2024.

16. Miscellaneous

16.1 Entire agreement

These Terms, together with the Privacy Policy, the DPA, and any commercial agreement (e.g. a Memorandum of Understanding signed with a partner federation), constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced by a valid provision that most closely reflects the parties' original intent.

16.3 No waiver

Failure by Provider to enforce any right under these Terms does not constitute a waiver of that right.

16.4 Assignment

The Customer may not assign these Terms to a third party without Provider's prior written consent. Provider may assign these Terms in connection with a merger, acquisition, or sale of assets, provided that the assignee assumes all obligations hereunder.

16.5 Notices

Notices to Provider must be sent to info@eco-heroes.org (commercial matters) or privacy@eco-heroes.org (data protection matters). Postal notices may be directed to Provider's registered office in Girona, Spain, on request.

Notices to the Customer will be sent to the email address registered in the Customer's account.

16.6 Language

These Terms are drafted in English. Translations into Italian, Spanish, and other EU languages may be provided for convenience; in case of any inconsistency, the English version prevails.

17. Contact

Eco Heroes International SL CIF: B44915940 Registered office: Girona, Spain Commercial: info@eco-heroes.org Data Protection: privacy@eco-heroes.org Platform: assessment.eco-heroes.org Company registry: eco-heroes.org

These Terms of Service were last updated on 20 April 2026 (version 1.0). The most current version is always available at assessment.eco-heroes.org/legal/terms.