Earthmark Terms of Service
Version 1.4
Last updated: 10 July 2026
1. About these Terms
These Terms of Service (“Terms”) govern your access to and use of the Earthmark websites, applications, dashboards, APIs, widgets, the Earthmark Brand Directory, and any related products or services (together, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Services.
“Earthmark”, “we”, “us” or “our” means the Earthmark group company that provides the Services to you, as identified on the website or in any order form or service agreement.
“You” means the individual or entity accessing or using the Services, including marketplaces, platforms, retailers, brands and consumers.
2. Nature of the Earthmark Service
Earthmark is a benchmarking and analytics platform that aggregates, analyses and benchmarks environmental information about companies and brands, using predominantly public, third‑party and self‑reported data. Our outputs include environmental scores, benchmarks, summaries, labels and similar indicators (together, “Earthmark Data”).
Earthmark is not, and does not claim to be:
A certification body.
An accreditation scheme.
An auditor, verifier or assurance provider of environmental performance.
Earthmark Data is not a guarantee, certification, accreditation, verification, assurance or endorsement of any entity’s environmental performance, practices, claims or compliance with law or standards. Earthmark Data is an informational, comparative and indicative dataset only, based on sources that may be incomplete, inaccurate, out of date or inconsistent.
You remain solely responsible for:
Conducting your own due diligence.
Assessing the suitability of Earthmark Data for your purposes.
Making any commercial, investment, procurement, marketing, labelling or regulatory decisions.
3. Paid Subscription Clients and Pricing
Earthmark offers different products and commercial models for brands and marketplaces/platforms.
Brands – Starter (Free)
The Starter plan for brands is free and currently includes:A dedicated brand page on Earthmark.
Ability to edit brand information (subject to review).
Control over branding elements (such as logo and basic profile).
Ability to submit data for review and inclusion in Earthmark’s dataset.
Free widget usage in the form of a basic widget on one fixed channel (for example, a website, ad placement or campaign landing page), subject to our technical and brand guidelines.
Features included in the Starter plan may evolve over time, and Earthmark may add, modify or remove features provided that the core “free” value proposition remains available or is replaced with a reasonably equivalent offer.
Brands – Pro (Paid, bespoke pricing)
Paid Pro accounts for brands use bespoke pricing based on factors such as data scope, support level and add‑ons. Unless otherwise agreed in a signed order form or quote, Earthmark Brand – Pro typically includes:Everything in Starter.
Insights (brand‑level environmental insights).
Trends (time‑series or thematic trend views).
Competitor analysis.
Add‑ons (market/visitor insights, recommendations, support, and other premium services, as specified in the Customer’s order).
Specific pricing, term and inclusions for each Pro subscription will be defined in the relevant quote, order form or subscription terms.
Marketplaces, platforms and retailers (Paid, bespoke pricing)
For marketplaces, platforms, retailers and other enterprise or partner clients, pricing and commercials are bespoke and depend on:The level and type of data access (for example, API access, bulk analytics, dashboards or reports).
Brand coverage (for example, number of covered brands, categories, geographies).
Widget usage for partner brands (for example, number of brands, number of platforms or channels, and expected traffic/volume).
These clients will typically enter into a separate order form, master services agreement or partner agreement, which sets out specific fees, usage limits and technical integration details.
Earthmark reserves the right to update or change its pricing, plans and inclusions over time in accordance with Section 16 (Changes to the Services and Terms), provided that existing paying customers are given notice of material changes before renewal and have the opportunity not to renew.
4. Use of AI and Data Sources
We use automated systems, including artificial intelligence (“AI”), machine learning models, and algorithms, to collect, process, normalise, analyse and summarise data to generate Earthmark Data. These systems may:
Ingest and interpret public, third‑party and self‑reported data.
Apply assumptions, heuristics and classification.
Generate estimates, predictions and narrative summaries.
Because of this, Earthmark Data and other outputs may contain errors, omissions, misclassifications or other inaccuracies, and may not reflect the latest information. All AI‑assisted content and Earthmark Data are provided on an “as is” and “as available” basis and should not be relied upon as a sole source of truth.
You are responsible for:
Independently verifying information that is important to you.
Applying appropriate human review and judgment before acting on Earthmark Data or other outputs.
5. Eligibility and Accounts
To use certain parts of the Services, you may be required to create an account and provide accurate and complete information. You must keep your login credentials secure and not share them with any third party. You are responsible for all activities that occur under your account.
If you use the Services on behalf of a company or other entity, you represent that you are authorised to bind that entity to these Terms, and “you” includes that entity.
We may refuse, suspend or cancel accounts where we reasonably believe there has been a breach of these Terms or misuse of the Services.
6. Permitted Use
Subject to these Terms and any applicable order form or service agreement, we grant you a limited, non‑exclusive, non‑transferable, revocable right to:
Access and use the Services for your internal business purposes or personal use.
View and use Earthmark Data made available to you via the Services, in accordance with any usage limits, attribution requirements and restrictions set out in these Terms or an order form.
Except as expressly permitted in these Terms or in a separate written agreement with us, you must not:
Resell, sublicense, redistribute or commercially exploit the Services or Earthmark Data.
Represent that Earthmark has certified, accredited, verified or endorsed any entity, product, service or claim.
Use the Services or Earthmark Data for any unlawful, misleading or deceptive purpose, or in a manner that could cause us or our partners to breach any law or regulation.
7. Prohibited Conduct and Anti-Extraction
You agree that you will not, and will not authorise, enable or assist any third party to:
Access, search, scrape, crawl, harvest, index, mine, copy, download, export or otherwise extract data from the Services, Earthmark Data, or the Earthmark Brand Directory, using any automated means (including bots, scrapers, crawlers, spiders, scripts or similar technologies), except to the limited extent expressly permitted by us in writing or via an allowlisted crawler.
Perform extraction, scraping or systematic harvesting of Earthmark Data or content from the Services, including the Brand Directory, whether for the purpose of building or enriching your own datasets, directories, databases, models or services, or for any competitive or monitoring purpose.
Circumvent or attempt to circumvent any access control, rate limiting, technical, or organisational measures that we employ to protect the Services or Earthmark Data, including IP blocks, bot detection, or any restrictions in robots.txt or similar files.
Falsely imply that any automated tool is a human user, including by spoofing user agents or otherwise misrepresenting identity in order to avoid detection or access controls.
Use the Services or Earthmark Data to train, test, improve or operate any AI model, machine learning system, or similar technology that competes with or substitutes for Earthmark, unless expressly permitted in a separate written agreement.
For the avoidance of doubt, this anti‑extraction clause applies to all Earthmark Data and content, and in particular to the Earthmark Brand Directory and any derived datasets or exports.
We maintain an allowlist for certain authorised crawlers and good‑faith indexing services, and prohibit all other automated crawling or scraping. We deploy rate limiting, detection, and other technical and organisational measures to protect the Services and Earthmark Data, and we may block or throttle traffic that we reasonably suspect to be automated or abusive.
Any unauthorised scraping, extraction or similar activity may also violate applicable laws and may result in civil and/or criminal liability.
8. Intellectual Property
All rights, title and interest in and to the Services and Earthmark Data (including all software, models, algorithms, content, scores, benchmarks, datasets, designs, logos, trade marks and trade names) are owned by or licensed to Earthmark and are protected by intellectual property laws.
Except for the limited licence granted in Section 6, these Terms do not grant you any rights to our intellectual property or that of our licensors, and you must not:
Remove, obscure or alter any copyright, trade mark or other proprietary notices.
Reverse engineer, decompile or attempt to discover any source code, underlying models or systems, except to the extent this is permitted by applicable law.
Create derivative works based on the Services or Earthmark Data, other than as permitted for your internal use under these Terms.
9. User Content
If you upload, submit or otherwise provide any data, content, feedback, logos, trade marks or other materials to us or via the Services (“User Content”), you grant us a worldwide, non‑exclusive, royalty‑free licence to use, host, store, reproduce, modify, publish, display and distribute such User Content as reasonably necessary to provide, maintain, protect and improve the Services, including to generate and improve Earthmark Data.
You represent and warrant that:
You have all necessary rights in the User Content.
Our use of the User Content in accordance with these Terms will not infringe any third‑party rights or violate any law.
We may remove or disable access to any User Content we reasonably believe breaches these Terms or applicable law.
10. Third‑Party Content and Links
The Services may display or rely on information, data, content and services provided by third parties, including public sources, company disclosures, regulators, data partners, or other users (“Third‑Party Content”). We do not control and are not responsible for the accuracy, completeness, timeliness or legality of any Third‑Party Content.
The Services may also contain links to third‑party websites or services that are not owned or controlled by Earthmark. Accessing any such websites or services is at your own risk, and they may be subject to their own terms and privacy policies.
11. No Certification, Accreditation or Verification
Earthmark does not perform audits or verification of underlying environmental data or claims and does not verify compliance with any legal, regulatory or voluntary standard. Earthmark Data is not a certification, accreditation, verification, assurance statement, label, eco‑label, or equivalent, and must not be presented or used as such.
You must not:
Refer to Earthmark as a certifier, accreditor or verifier of any entity, product, service or performance.
Use Earthmark trademarks or Earthmark Data in any way that is likely to mislead stakeholders into believing that Earthmark has certified, accredited, verified or endorsed you, your products or your claims.
12. Disclaimers
To the fullest extent permitted by law, the Services and Earthmark Data are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of accuracy, completeness, non‑infringement, merchantability, fitness for a particular purpose, or availability.
Without limiting the foregoing, we do not warrant and cannot guarantee that:
Earthmark Data or any other information provided via the Services is accurate, complete, current, or suitable for your particular use.
Any outputs created with the assistance of AI or automated systems will be free from errors, omissions, misclassifications or unexpected results.
The Services will be uninterrupted, secure or free from defects, vulnerabilities, malware or harmful components.
You acknowledge that environmental data is inherently uncertain, may involve estimates and assumptions, and may depend on evolving scientific, regulatory and market contexts. You use the Services and Earthmark Data at your own risk.
13. Limitation of Liability
Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law.
Subject to the preceding sentence, to the fullest extent permitted by law:
Earthmark and its affiliates, directors, officers, employees, contractors and licensors will not be liable for any indirect, consequential, incidental, special, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or anticipated savings, arising out of or in connection with the Services, Earthmark Data or these Terms, whether in contract, tort (including negligence), misrepresentation, restitution, under statute or otherwise, even if we have been advised of the possibility of such damages.
Our total aggregate liability to you for all claims arising out of or in connection with the Services, Earthmark Data or these Terms will not exceed the greater of: (a) the amount you paid to us for the Services giving rise to the claim in the 12 months preceding the event giving rise to the claim; and (b) £100.
You are responsible for implementing appropriate safeguards to protect your systems, data and interests, and for backing up data and content used in connection with the Services.
14. Indemnity
You agree to indemnify, defend and hold harmless Earthmark and its affiliates, directors, officers, employees, contractors and licensors from and against any claims, demands, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:
Your use of the Services or Earthmark Data.
Your breach of these Terms.
Your violation of any law or any third‑party rights, including intellectual property or privacy rights.
Any misrepresentation that Earthmark has certified, accredited, verified or endorsed you, your products or your claims.
15. Privacy and Data Protection
Our collection and use of personal data in connection with the Services is described in our Privacy Policy, which forms part of these Terms. By using the Services, you acknowledge that we will process personal data in accordance with our Privacy Policy and applicable data protection laws.
Where you provide us with personal data relating to others, you are responsible for ensuring that you have a lawful basis to do so and that any necessary notices and consents have been obtained.
16. Changes to the Services and Terms
We may update, modify or discontinue parts of the Services from time to time, including to improve functionality, reflect changes in data sources or adapt to legal or market developments.
We may also update these Terms from time to time. When we do so, we will revise the “Last updated” date at the top of these Terms and, where appropriate, provide additional notice (for example, by posting a notice on the website or by email). Your continued use of the Services after the updated Terms become effective will constitute your acceptance of the changes.
If you do not agree to the updated Terms, you must stop using the Services.
17. Suspension and Termination
We may suspend or terminate your access to the Services (in whole or in part) if we reasonably believe that:
You have breached these Terms or any applicable law.
Your use of the Services poses a security risk, may harm other users or the Services, or may give rise to liability for us or others.
We are required to do so by law or by a regulator.
If your access is terminated, your right to use the Services will immediately cease. Sections of these Terms that by their nature should survive termination (including Sections 2–4 and 7–18) will continue to apply.
18. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non‑contractual disputes or claims), are governed by and construed in accordance with the laws of England and Wales, unless otherwise required by mandatory law in your jurisdiction.
The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation, except where applicable law requires otherwise.
19. Other Important Terms
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to an affiliate or in connection with a merger, acquisition or sale of assets.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision.
20. Contact Us
If you have any questions about these Terms or the Services, please contact us using the details below:
Email: hello@earthmark.io
Address: 13 Upper High St, Thame, Oxfordshire OX9 3ER
Version 1.4, effective 10 July 2026