This agreement is made between you, the platform user, and EcoMarket Data Pty Ltd, trading as Rebuilt (ABN 73 680 388 845), with its principal place of business at Level 2, 251 Riley Street, Surry Hills, NSW 2021 ("Rebuilt", "we", "us", or "our").

EcoMarket Data operates the Rebuilt platform, which provides software and Services for managing and assessing Product Carbon Footprints (PCFs), for environmental data verification, and provides a public marketplace for sustainable products. By using the Rebuilt platform and services, you agree to these Terms of Use.

1. Agreement

These Terms and Conditions ("Terms") govern your use of the Rebuilt platform, operated by EcoMarket Data Pty Ltd. By accessing or using our Services, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not use the Services. Terms may be updated periodically without notice provided.

2. Definitions

For the purpose of these Terms, the following definitions apply:

• "Content" means all data, documents, information, images, and other materials provided by users or generated through the Services.
• "Credit Packs" are prepaid tokens that users can purchase to access specific features or request additional services on the platform.
• “Declaration Owner” means you, or any authorised platform user who submits a product carbon claim to be Verified by Rebuilt.
• "Environmental Product Declaration (EPD)" means a standardised document that publicly communicates the environmental performance of products, which may be sourced by Rebuilt from public domain databases.
• “Evidence” means any documentation uploaded by you to the Rebuilt platform to substantiate the claims made about your product composition, transport, materials, processes, energy use and more
• “ISO” means the International Standards Organisation
• “Life Cycle Assessment (LCA)” means the process of assessing the environmental impacts of a product or service as defined and described in ISO 14040 and ISO 14044
• “Limited assurance” refers to the scope of the verification services where a risk based review of provided data and evidence is undertaken and results are compared to other relevant products’ performance
• "Platform" means the software, calculation engine and web-based interface provided by Rebuilt that enables users to upload data, request reviews, access verified product carbon footprints, and view product listings.
• "Product Carbon Footprint (PCF)" means the greenhouse gas emissions associated with a product’s creation, including materials sourcing, manufacture and assembly, and transportation.
• "Product Carbon Footprint (PCF) Report" means a standardised document that publicly communicates the carbon performance of products, which may be published once the PCF has been verified.
• “SaaS” means software as a service
• "Services" means all services offered by Rebuilt, including but not limited to the carbon assessment SaaS platform, expert verification and PCF certification, and the Rebuilt marketplace.
• "Subscription" means a paid agreement between the user and Rebuilt that provides access to premium features of the Services for a specified term.
• “Terms” means this Terms of Use document
• "Third-Party Data" refers to external repositories of data used to support analysis and verification processes, such as EcoInvent, AusLCI, and other published and reputable peer-reviewed and academic articles.
• "User" or "You" means any individual or entity who accesses or uses the Services, including product manufacturers, verifiers, and marketplace viewers.
• “Valid Period” means the five year period of currency of a PCF Report as detailed within the PCF Report on on the product’s Marketplace listing
• "Verified Claim" refers to a PCF claim that has been reviewed and approved by Rebuilt’s expert team based on a Limited Assurance risk-based assessment of the evidence submitted by the user. A claim is only deemed Verified after any essential clarifications have been satisfactorily resolved and a final PCF Report issued, and can only be used for that specific product within the Valid Period of that PCF Report.

3. Description of Services

Rebuilt provides the following core services:

1. Product Carbon Footprint assessment Platform: A SaaS platform where product manufacturers upload data and evidence regarding the embodied carbon in their products, including information about transportation and manufacturing processes. This data stores and evaluates client primary data and is supplemented with background information from reputable third-party databases such as EcoInvent and AusLCI.
2. Verification of Product Carbon Footprint (PCF) submissions: Manufacturers submit their claims for review and verification by Rebuilt Life Cycle Assessment (LCA) experts, who assess the evidence for completeness and quality. We provide a verified Product Carbon Footprint (PCF).
3. Marketplace Listing and comparison: Products with a verified carbon claim, such as a PCF or Environmental Product Declaration (EPD), are listed on the Rebuilt marketplace. Premium listings are available on a subscription basis. Users can compare products, including their carbon footprints.

4. Registration and Accounts

• To use certain parts of the Services, you must register for an account. You agree to provide true, accurate, current, and complete information during registration and to update such information to keep it accurate.
• Rebuilt offers two-factor authentication to assist you in maintaining the security of your records However, you are responsible for maintaining the confidentiality of your account credentials and all activities under your account.
• To protect the integrity of your data, your log in credentials and passwords should be kept securely and must not be shared between roles and accounts.

5. User Responsibilities and Liabilities

You are responsible for:

• Ensuring that the data you provide and evidence you upload is accurate, complete, and not misleading.
• Compliance with all applicable laws in connection with your use of the Services.
• Managing and maintaining the accuracy of your published Product Carbon Footprint data and marketplace listings if you are a paying customer.
• Communicating your Verified Claim responsibly and in line with ACCC Guidelines as may be updated from time to time.
• You agree not to misuse the Services in accordance with the User Licence Agreement.

6. Data Governance and Accuracy

• Rebuilt uses ISO aligned processes and suitably qualified professionals for the review and verification process, based on the data and evidence that you provide as the Declaration Owner. Rebuilt is not liable for any omissions, or for inaccuracies stemming from the data you provide.
• We use reasonable endeavours to provide validation rules and help you avoid errors and omissions

7. Conformance to LCA Standards

• Rebuilt is committed to strong data governance and aligns its Services with industry standards such as ISO 14067, ISO 14044, ISO 14064-3, ISO 14071 and related protocols.
• Regular internal and external audits help ensure our Platform, Services, data governance and processes remain fit-for-purpose and trustworthy.
• If you have questions or feedback please contact [email protected].
• Rebuilt licences leading third-party industry databases for use on its platform. All licenced or third-party data within the platform has been independently reviewed prior to inclusion. Errors arising from these data sources are not the responsibility of Rebuilt.

8. Carbon intensity comparisons on Rebuilt Marketplace

• Carbon intensity may be compared and displayed by us within the Marketplace
• Calculations are based on standard deviations from a mean. Detailed methodological information is available on request.
• Resonable endeavours are taken to ensure that products are compared on a meaningfully like-for-like basis.
• If you have feedback on any comparison within the Marketplace, please contact customer service at [email protected].
• In case of dispute, please see section 21.

9. Data Ownership and Publication

• You retain ownership of any data you upload to the platform.
• By submitting data to the Platform, you grant Rebuilt a non-exclusive, royalty-free license to use, reproduce, and analyze this data for the purpose of delivering and improving our Services.
• Upon termination of services, your data may be retained for a period before deletion, unless required otherwise by law.

10. Data Security

• We apply industry-standard cyber security measures to secure your data, but no system is infallible. You acknowledge that there are inherent risks in storing and transmitting data electronically.

11. Use of auto-document uploaders and AI analytical tools

• We use automated tools and AI for data ingestion and analysis.
• These tools minimise manual data handling errors and are provided for the convenience of our customers.
• While efficient, these tools may occasionally generate errors.You are responsible for reviewing all auto-ingested data and confirming its accuracy for use within the Rebuilt platform.
• Please contact us immediately if you identify any inaccuracies within the platform so we can rectify them.
• Any documents uploaded or analysed using AI remain your property.

12. Publication of PCF results

• Rebuilt believes in radical transparency. By measuring, managing and comparing performance we can drive better performance across industry.
• For this reason, the short report version of all verified PCF reports will be automatically added to our marketplace with a basic listing. The full report will be available from your account or via a marketplace premium listing should you choose one.
• Your Healthcheck report remains confidential and is available through your secure dashboard only.
• Rebuilt reserves the right to make your PCF output data available to other programs and softwares for your convenience.
• Rebuilt reserves the right to compare your data (using Scope: A1-A3, PCR EN15804) against other products in your category in order to demonstrate industry averages and benchmarks.
• If you do not want your verified PCF and EPD results to be published, you should contact your customer service rep at [email protected].

13. Marketplace Rules

• You may not publish misleading or unverified claims. Rebuilt may remove or edit listings for breach. Disputes between users are not mediated unless otherwise agreed.
• Rebuilt does not warrant sustainability claims outside of the scope of a Verified PCF Report.

14. Subscription and Payment Terms

• Access to the Services is provided through paid subscriptions, which are charged annually and are non-refundable.
• Additional services within the platform may require purchase of credit packs.
• Credit packs are valid for twelve months from date of purchase.
• Unused and partially used credit packs are not refundable unless required by law.
• Non-paying users may have limited access to features and services or have their access revoked entirely at our discretion.

15. Service Availability and Maintenance

• We strive to maintain 99.9% uptime of the platform. However, availability may occasionally be interrupted due to maintenance, upgrades, or unforeseen circumstances.
• Scheduled maintenance will be communicated in advance where possible.

16. Intellectual Property

• All intellectual property related to the Services (including software, databases, visual interfaces, content, and algorithms) remains the exclusive property of EcoMarket or its licensors.
• You must not copy, reproduce, republish, reverse engineer or distribute any part of the platform or Services without express written permission.

17. Confidentiality

• Each party agrees to maintain the confidentiality of all non-public information disclosed in connection with the Services.
• We will only disclose your confidential information when required to do so by law or as needed to fulfill our service obligations.

18. Indemnification

You agree to indemnify, defend, and hold harmless EcoMarket and its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, and expenses (including legal fees) arising from:

• Your use of the Services;
• Your breach of these Terms;
• Your violation of any applicable law or regulation;
• Any claim by a third party related to the data or content you provide.

19. Limitation of Liability

• Rebuilt will not be liable for indirect, incidental, or consequential damages resulting from your use of or inability to use the Services.
• In no event will our total liability exceed the total amount you have paid us for Services during the preceding 12 months.
• Claims must be brought within 1 year and reported within 30 days of discovery.

20. Termination

• Either party may terminate services at any time.
• For subscription services, billing will cease from the next scheduled billing instance
• No refunds will be provided.
• We may suspend or terminate your access to the Services immediately if you breach these Terms, or for any reason at our discretion.
• Upon termination, your right to use the Services ends and we may delete your data after the retention period.

21. Governing Law and Dispute Resolution

• In the case of dispute over the results of a PCF verification, the matter shall be referred to a second LCA professional for review.
• If agreement is still not reached, the matter may be referred to an LCA Expert Reference Panel for final determination, at your expense. The conclusions of this Expert panel shall be final.
• Disputes shall be resolved by binding arbitration under the rules of ACICA in Sydney.

22. Force Majeure

• We are not liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to natural disasters, pandemics, acts of war, labor disputes, or internet outages.

23. Contact Information

If you have any questions or need assistance, please contact us at [email protected].