Maska General Terms and Conditions of Service

1. Scope of application

These general terms and conditions for the contracting and use of the Maska platform, hereinafter the General Terms, apply to the contracting of the digital services offered by COMPARE & MORE, SL, with registered office at Calle Luis Antúnez, 39 local C, Tax ID (NIF) B40621849, and contact email hola@maska.es, hereinafter the PROVIDER or MASKA, by the individual or legal entity contracting such services, hereinafter the CLIENT.

These General Terms govern access to, use of, and contracting of the Maska digital platform, as well as the associated services for detecting, analyzing, verifying, classifying, organizing, and publishing evidence relating to environmental, sustainability, or responsible-communication claims made by the CLIENT across its commercial, corporate, or product channels.

Unless expressly agreed otherwise, these General Terms apply to all services contracted from MASKA, including, among others, diagnostic plans, one-off projects, subscriptions, configuration services, support, maintenance, report generation, evidence repositories, public or private portals, and any additional functionality added to the platform.

Any specific condition, particular scope, price, duration, volume of resources, number of users, level of support, contracted functionalities, or specific deliverable will be set out in the corresponding commercial proposal, quote, order, contracting form, annex, or specific agreement signed between MASKA and the CLIENT, hereinafter the Proposal.

In the event of any contradiction between these General Terms and the Proposal, the terms of the Proposal shall prevail.

MASKA’s services are aimed primarily at companies, professionals, entities, associations, government bodies, consultancies, firms, agencies, and organizations acting within the scope of their business or professional activity. Where services are contracted by consumers or users, the applicable mandatory regulations shall apply.

Where contracting takes place electronically between businesses or professionals, the parties agree, to the extent permitted by applicable law, that MASKA shall not be required to provide any additional information beyond that contained in these General Terms, the Proposal, and the contracting process made available.

2. Execution of the contract

MASKA’s services may be contracted through the website, by email, by acceptance of a Proposal, by electronic or handwritten signature, by contracting form, by purchase order, or by any other legally valid means that evidences the CLIENT’s intent to contract.

Where contracting takes place through the website or electronically, the CLIENT must read and accept these General Terms prior to contracting, activating the service, creating an account, or making the first payment.

Where contracting takes place by email, acceptance of the Proposal, payment of an invoice, payment on account, activation of a user account, access to the platform, or the start of the requested work shall constitute acceptance of these General Terms, unless the parties have expressly agreed otherwise in writing.

The contract shall be deemed executed from the moment any of the following circumstances occurs:

1. express acceptance of the Proposal by the CLIENT;
2. full or partial payment of the price;
3. issuance of a purchase order by the CLIENT;
4. creation or activation of a user account;
5. commencement of the service by MASKA at the CLIENT’s request.

Provision of the service may be conditional upon prior payment of the amount indicated in the Proposal or, where applicable, upon validation of the agreed payment method.

3. Purpose of the contract

The purpose of the contract is to make the Maska digital platform available to the CLIENT and, where applicable, to provide associated services to analyze, organize, and verify the CLIENT’s environmental communication.

Depending on the plan contracted, the platform allows some or all of the following actions:

1. uploading or incorporating information from websites, social media, product sheets, labels, packaging, reports, internal documents, evidence, certifications, policies, KPIs, or other materials provided by the CLIENT;
2. detecting environmental, sustainability, circularity, impact, composition, recyclability, emissions, efficiency, neutrality, durability, repairability, or other related claims;
3. classifying detected claims according to legal, technical, and operational criteria built into the platform;
4. assessing the risk associated with such claims through a review system, traffic-light indicator, categories, observations, or recommendations;
5. cross-checking claims against the evidence provided by the CLIENT;
6. generating recommendations, warnings, alternative wording, reports, dossiers, or evidence lists;
7. creating and maintaining, where applicable, an evidence repository;
8. enabling a portal, link, or QR code to show consumers, third parties, or the CLIENT’s internal teams certain evidence associated with the claims reviewed;
9. support, configuration, guidance, training, or account management when included in the Proposal.

MASKA is a tool that supports the review, governance, and traceability of environmental communication. The platform does not replace the professional judgment of the CLIENT or its legal, technical, scientific, certification, or audit advisors, nor does it, on its own, guarantee full compliance of any communication, campaign, product, label, report, or claim with applicable law.

Unless expressly agreed in writing, the results generated by MASKA shall not be regarded as an official certification, legal audit, legal opinion, independent verification, environmental label, sustainability seal, full regulatory compliance, or a guarantee against sanctions, litigation, reputational, or commercial risk.

4. Plans, duration, and scope

MASKA may offer various plans or contracting arrangements, including, among others:

1. Diagnosis, aimed at measuring the CLIENT’s initial exposure to greenwashing risk or unsubstantiated environmental communication;
2. One-off, aimed at a specific project, a particular implementation, or a specific review of a defined set of resources;
3. Subscription, aimed at continued use of the platform, maintenance, periodic reviews, the consumer portal, and support throughout the contracted period.

The exact content of each plan, including its features, limits, number of resources, number of users, portal availability, number of reviews, maintenance, support, price, and duration, shall be as set out in the Proposal or the corresponding contracting page.

The duration of the contract shall be as indicated in the Proposal. Where the service is contracted as an annual subscription, the contract shall have a minimum term of one year, unless otherwise indicated.

Unless otherwise agreed, subscriptions shall automatically renew for successive periods equivalent to the initial contracted period, unless either party gives notice of its intention not to renew at least thirty calendar days before the expiry date.

Diagnostic services or one-off projects shall end upon delivery of the report, dossier, temporary access, review, or deliverable provided for in the Proposal, without prejudice to any maintenance, portal, or support services that may be additionally contracted.

5. Financial terms

The price of the services shall be as indicated in the Proposal, the contracting page, or the commercial document accepted by the CLIENT.

Unless expressly stated otherwise, all prices are shown exclusive of VAT and other applicable indirect taxes, which will be added to the invoice in accordance with current regulations.

Payment shall be made by bank transfer, card, direct debit, payment gateway, billing platform, or any other means indicated by MASKA in the corresponding Proposal or invoice.

For monthly or recurring services, invoices must be paid within the period indicated in the Proposal or, failing that, within thirty calendar days of issuance.

The CLIENT shall pay for the contracted services regardless of its actual use of the platform, whether or not it publishes the results obtained, whether or not it uses the consumer portal, and regardless of its final decision to maintain, withdraw, or modify its environmental claims.

Failure to pay on time shall entitle MASKA to temporarily suspend access to the platform, the portal, the evidence repository, or the contracted services, after notifying the CLIENT, without prejudice to claiming any amounts due, interest, collection costs, and applicable damages.

MASKA may update its rates for future renewals or new contracts. For active subscriptions, any change in pricing will be communicated with reasonable advance notice and will apply from the next renewal, unless otherwise agreed.

6. Obligations of the CLIENT

The CLIENT undertakes to:

1. pay the price of the contracted services in a timely manner and as agreed;
2. provide MASKA with sufficient, accurate, and up-to-date information, documents, resources, evidence, data, links, materials, or access needed to provide the service;
3. guarantee that it holds sufficient rights, authorizations, or legal basis to upload, process, analyze, or share with MASKA the content, documents, images, trademarks, designs, sheets, labels, reports, databases, or materials provided;
4. review the results generated by the platform before using, publishing, or sending them to third parties, or incorporating them into commercial communications, reports, labels, campaigns, packaging, or web pages;
5. assume ultimate responsibility for any environmental, commercial, technical, legal, or corporate claims it decides to maintain, modify, publish, or withdraw;
6. not use the platform for unlawful, fraudulent, or misleading purposes, or in a manner contrary to good faith, applicable law, or third-party rights;
7. not upload content containing malware, harmful code, unlawful information, unnecessary personal data, unauthorized third-party secrets, or materials that infringe intellectual or industrial property rights;
8. safeguard its access credentials appropriately and ensure that only authorized users access the platform;
9. notify MASKA of any unauthorized use, security incident, relevant error, or suspected improper access;
10. comply with any other obligation set out in the Proposal or arising from the nature of the contracted service.

The CLIENT acknowledges that the quality, accuracy, and usefulness of MASKA’s results depend on the quality, sufficiency, timeliness, and accuracy of the information provided or made available by the CLIENT.

7. Obligations of MASKA

MASKA undertakes to provide the contracted services in accordance with these General Terms, the Proposal, and, where applicable, the platform’s functional documentation.

MASKA will make reasonable efforts to:

1. make the platform and the contracted features available to the CLIENT;
2. analyze the resources provided by the CLIENT according to the technical, legal, and operational criteria built into the platform;
3. provide results, classifications, traffic-light ratings, recommendations, reports, or dossiers based on the information available;
4. maintain reasonable technical and organizational measures to preserve the security, confidentiality, and integrity of the information processed;
5. provide support, maintenance, configuration, training, or guidance under the terms set out in the Proposal;
6. report relevant incidents that may substantially affect the service.

MASKA shall not be required to review information that has not been provided by the CLIENT, that is not accessible, that is protected by credentials not provided, that cannot be technically processed, or that falls outside the contracted scope.

8. Description of the contracted services

Every contract may be accompanied by a Proposal setting out the specific conditions of the service, project scope, contracted plan, included resources, users, duration, price, deliverables, schedule, support, maintenance, and available features.

Prior to contracting, the CLIENT must review the scope of the service, the included features, and the applicable exclusions.

Diagnosis

The diagnosis service may include an initial review of certain resources provided by the CLIENT, the detection of environmental claims, risk categorization, identification of possible evidentiary gaps, and delivery of a report or exposure summary.

Unless otherwise indicated, the diagnosis does not include a consumer portal, recurring maintenance, periodic updates, unlimited resource uploads, ongoing review, or subsequent follow-up.

One-off

The One-off service may include a complete, one-time process covering information upload, claim detection, categorization, evidence assessment, recommendations, dossier generation, initial setup, the consumer portal, and support during the period set out in the Proposal.

Unless additionally contracted, subsequent maintenance of the portal, repository, links, QR codes, or evidence may be billed separately.

Subscription

The subscription service may include continued access to the platform, detection and analysis of environmental claims, risk categorization, uploading and verification of evidence, the consumer portal, periodic reviews, maintenance, support, launch, and account management under the terms set out in the Proposal.

Unless expressly agreed, the subscription does not entail unlimited review, personalized legal support, external audit, official certification, absolute availability, or permanent manual intervention on all of the CLIENT’s content.

Consumer portal and QR code

Where included in the contracted plan, MASKA may enable a portal, public link, product page, visible repository, or QR code to display certain claims and their associated evidence.

The CLIENT shall be responsible for deciding what information is published, what evidence is made visible, what materials remain private, and what claims it wishes to show to consumers, third parties, or its internal teams.

MASKA may suspend, remove, or limit the publication of content on the portal if it detects that such content may infringe third-party rights, compromise confidential information, contain unnecessary personal data, breach applicable law, or exceed the contracted scope.

9. Use of the platform

The CLIENT will receive access to the platform via credentials, invitation, activation link, or any other system enabled by MASKA.

The CLIENT must use the platform in accordance with its purpose, documentation, technical conditions, and contracted limits.

The following is prohibited:

1. sharing credentials with unauthorized third parties;
2. reselling, sublicensing, transferring, or commercially exploiting access to the platform without MASKA’s authorization;
3. reverse engineering, decompiling, copying, extracting, reproducing, or attempting to access MASKA’s source code, models, taxonomies, prompts, internal rules, databases, or technical architecture;
4. carrying out intrusion testing, scraping, bulk uploads, unauthorized automated use, or any action that could affect the security, stability, or performance of the platform;
5. using the platform to train, develop, or improve competing products;
6. removing intellectual property notices, trademarks, identifiers, or ownership references belonging to MASKA;
7. using the results generated by MASKA outside the contracted scope or in a way that could mislead third parties about the nature of the analysis performed.

MASKA may suspend access to the platform in the event of misuse, breach of contract, security risk, non-payment, legal requirement, or use contrary to these General Terms.

10. Results, automated analysis, and artificial intelligence

The CLIENT acknowledges that MASKA may use automated systems, legal rules, language models, algorithms, artificial intelligence, taxonomies, prompts, classifiers, scoring systems, or assisted review to detect, organize, classify, and assess environmental claims and evidence.

The results generated by the platform are indicative, technical, and operational in nature, intended to support decision-making. They may contain errors, omissions, incomplete interpretations, or results shaped by the information available.

The CLIENT must internally validate the results before making commercial, legal, reputational, regulatory, or communication-related decisions.

A favorable result, a green traffic-light rating, a low-risk category, a wording recommendation, or the publication of evidence does not imply that an authority, court, consumer association, competitor, auditor, certifier, or other third party will necessarily accept that communication.

MASKA does not guarantee the absence of claims, sanctions, litigation, complaints, class actions, reputational risks, or regulatory requirements arising from the CLIENT’s environmental communication.

Unless expressly authorized, MASKA will not use the CLIENT’s private documents, evidence, claims, or content to train general third-party models. This does not prevent the technical processing necessary to provide the service, improve security, debug errors, generate results within the CLIENT’s account, or comply with legal obligations.

11. Confidential information

Both MASKA and the CLIENT undertake not to disclose information and documentation of a confidential nature, and to take reasonable measures to protect it.

Confidential information includes, among other things:

1. internal documentation, evidence, reports, certifications, data, KPIs, policies, plans, strategies, resources, labels, sheets, materials, or communications provided by the CLIENT;
2. MASKA’s methodology, taxonomy, criteria, prompts, internal rules, models, analysis workflows, technical documentation, know-how, software, designs, features, roadmap, non-public pricing, and procedures;
3. any information that, by its nature, should reasonably be understood as confidential, even if not expressly marked as such.

Information shall not be considered confidential if it is public, was already legitimately known to the receiving party, is obtained from a third party without a duty of confidentiality, must be disclosed under a legal obligation or requirement of a competent authority, or is independently developed without using the other party’s confidential information.

The confidentiality obligation shall remain in force for the duration of the contract and for five years after its termination, unless a longer period is required by the nature of the information or applicable law.

12. Personal data protection

Within the framework of their contractual relationship, the parties undertake to comply with current personal data protection regulations, including Regulation (EU) 2016/679, Spanish Organic Law 3/2018, and any other applicable law.

MASKA will process personal data relating to contact details, billing, contract management, authorized users, communications, support, and account administration as data controller, in accordance with its Privacy Policy.

Where, in order to provide the service, MASKA processes personal data on behalf of the CLIENT, MASKA shall act as data processor and the CLIENT as data controller. In such cases, the parties will sign or incorporate the corresponding data processing agreement, which will set out the subject matter, duration, nature, purpose, categories of data, security measures, sub-processors, assistance to the controller, deletion or return of data, and any other matters required by applicable law.

The CLIENT must avoid uploading to the platform any personal data not necessary for the contracted purpose. In particular, the CLIENT shall endeavor not to provide special categories of data, data relating to minors, confidential third-party data, or personal information unrelated to the review of environmental communication.

MASKA may use technology, cloud, hosting, support, security, billing, communications, or other sub-processors necessary to provide the service, always subject to appropriate contractual safeguards.

13. Intellectual and industrial property

MASKA retains all intellectual and industrial property rights over the platform, software, code, design, interface, architecture, models, algorithms, taxonomies, prompts, classification systems, internal rules, technical documentation, methodologies, databases, trademarks, trade names, distinctive signs, know-how, and any proprietary development prior or subsequent to the contract.

Contracting the services does not entail any transfer of intellectual or industrial property rights over the platform, but only a limited, non-exclusive, non-sublicensable, non-transferable, temporary license to use MASKA for the duration of the contract and within the contracted scope.

The CLIENT shall retain ownership of the content, documents, evidence, trademarks, claims, sheets, images, reports, databases, resources, or materials it provides to the platform.

The CLIENT grants MASKA a limited, non-exclusive license, for the duration of the contract, to host, process, technically reproduce, analyze, transform into internal results, structure, classify, and display such materials to the extent necessary to provide the contracted service.

Unless otherwise agreed, the reports, dossiers, recommendations, evidence lists, rewordings of claims, and results generated for the CLIENT may be used by the CLIENT for internal, commercial, compliance, communication, documentation, legal review, or publication purposes, provided the CLIENT has paid in full for the corresponding services, and without prejudice to MASKA’s pre-existing rights over its methodology, software, and templates.

The CLIENT may not use MASKA’s name, trademark, logo, or results in a way that suggests official certification, independent audit, regulatory approval, or an absolute guarantee of compliance, except with express written authorization.

14. Availability, maintenance, and support

MASKA will make reasonable efforts to keep the platform available and operational, without prejudice to interruptions arising from maintenance, updates, improvements, technical incidents, cyberattacks, provider failures, force majeure, or actions necessary to preserve security.

Unless the Proposal includes a specific service level, MASKA does not guarantee uninterrupted availability, the total absence of errors, maximum response or resolution times, or the permanent operation of the portal, links, or QR codes.

MASKA may carry out scheduled or urgent maintenance. Where reasonably possible, the CLIENT will be informed of actions that may significantly affect the service.

Support will be provided through the channels, hours, and levels set out in the Proposal. Absent any express provision, support will be provided by email or another channel enabled by MASKA during ordinary business hours.

15. Service exclusions

Unless expressly agreed in writing, MASKA’s services do not include:

1. a complete legal audit of the company;
2. environmental, social, climate, sustainability, or product certification;
3. issuance of official seals, accredited marks, or official environmental labels;
4. legal defense in administrative, judicial, or out-of-court proceedings;
5. representation before authorities, courts, consumer associations, certification bodies, or third parties;
6. full drafting of ESG policies, sustainability reports, CSRD reports, life-cycle analyses, carbon footprints, or external technical verifications;
7. independent scientific verification of all data provided by the CLIENT;
8. review of information not provided, not accessible, or outside the contracted scope;
9. any guarantee that evidence will be accepted by consumers, competitors, regulators, auditors, or courts.

MASKA may offer some of these services on a complementary basis, directly or through third parties, where agreed in a specific Proposal.

16. CLIENT’s responsibility for its environmental communication

The CLIENT is solely responsible for the environmental claims, messages, labels, campaigns, web pages, product sheets, packaging, reports, publications, advertisements, or communications it decides to disseminate.

The CLIENT acknowledges that decisions to maintain, modify, withdraw, publish, or not publish an environmental claim are the CLIENT’s exclusive responsibility.

MASKA shall not be liable for claims, sanctions, litigation, reputational damage, commercial losses, or requirements arising from:

1. false, incomplete, outdated, or insufficient information provided by the CLIENT;
2. use of evidence that is outdated, unverifiable, or irrelevant;
3. publication of claims without following the recommendations issued by MASKA;
4. subsequent modification of the results, reports, or recommendations;
5. use of the platform outside the contracted scope;
6. commercial, legal, or communication decisions made by the CLIENT or by third parties.
7. Limitation of liability

MASKA shall only be liable for direct damages resulting from a contractual breach attributable to MASKA and duly evidenced.

To the fullest extent permitted by applicable law, MASKA’s total accumulated liability toward the CLIENT for any matter arising from the contract shall be limited to the amount actually paid by the CLIENT to MASKA during the twelve months preceding the event giving rise to liability or, if the contract has been in force for a shorter period, to the amount actually paid during that period.

MASKA shall not be liable for indirect damages, loss of profit, loss of business, loss of sales, loss of opportunity, loss of reputation, loss of data not directly attributable to MASKA, business interruption, loss of anticipated savings, sanctions, third-party claims, or costs arising from decisions made by the CLIENT.

The above limitation shall not apply in cases of willful misconduct, liability that cannot be limited under mandatory applicable law, or cases where the law expressly prohibits such limitation.

The CLIENT shall indemnify MASKA against any claim, sanction, damage, cost, expense, or liability arising from the content, data, documents, evidence, claims, communications, or materials provided by the CLIENT, as well as from the CLIENT’s use of the results generated by the platform.

18. Suspension and termination

MASKA may suspend the service, in whole or in part, in the event of:

1. non-payment;
2. misuse of the platform;
3. breach of these General Terms or of the Proposal;
4. risk to the security, integrity, or availability of the platform;
5. legal, administrative, or judicial requirement;
6. uploading of unlawful, infringing content, unauthorized confidential third-party content, or content that could cause harm to MASKA or third parties.

Either party may terminate the contract in the event of a serious breach by the other party, provided that such breach is not remedied within fifteen calendar days of written notice.

Termination of the contract shall not release the CLIENT from payment of any amounts due, committed, or corresponding to the contracted period.

After termination of the contract, the CLIENT will lose access to the platform, unless an export, maintenance, or transition period is agreed.

Unless otherwise agreed, MASKA may retain the CLIENT’s data for as long as necessary to comply with legal obligations, address liabilities, allow for reasonable data exports, maintain billing records, or evidence the provision of the service. After these periods, the data may be deleted or anonymized.

19. Commercial references

Unless the CLIENT expressly objects, MASKA may include the CLIENT’s trade name or logo in client lists, commercial presentations, proposals, its website, or corporate materials, solely to indicate that the CLIENT has contracted or used the platform.

MASKA will not disclose confidential information, specific results, analyzed claims, evidence provided, reports, or the CLIENT’s internal data without prior authorization.

The CLIENT may request the removal of its commercial reference at any time, provided there is no specific contractual obligation to the contrary.

20. Subcontracting and technology providers

MASKA may rely on technology, cloud, hosting, security, communications, billing, support, artificial intelligence, storage, or maintenance providers necessary to provide the service.

MASKA will select providers that offer reasonable guarantees of security, confidentiality, and regulatory compliance.

Where such providers process personal data on behalf of the CLIENT, they will be considered sub-processors under the terms set out in data protection law and, where applicable, in the corresponding data processing agreement.

MASKA shall remain responsible to the CLIENT for the proper performance of the contractual obligations assumed, without prejudice to the limitations set out in these General Terms.

21. Amendment of these terms

MASKA may amend these General Terms for legal, technical, operational, commercial, security, or platform-development reasons.

Amendments will be published on the website or communicated through reasonable means. For contracts in force, substantial amendments will apply from the next renewal, unless required by legal mandate, security, regulatory changes, or essential service developments.

Continued use of the platform after the new terms take effect will constitute acceptance of them, without prejudice to any rights the CLIENT may have under the current Proposal.

22. Notices

Any notice between the parties may be given by email, postal mail, the billing platform, the platform’s notification system, or any other means indicated in the Proposal.

For the purposes of contractual communications, the CLIENT designates as its valid address the one indicated in the contracting process, the Proposal, the invoice, or the purchase order.

MASKA may send its communications to the account’s administrator user or to the billing, legal, or business contact provided by the CLIENT.

The CLIENT must keep its contact details up to date.

23. Assignment of the contract

The CLIENT may not assign its rights or obligations under the contract without MASKA’s prior written authorization.

MASKA may assign the contract, in whole or in part, in the event of corporate reorganization, merger, spin-off, transfer of a business unit, sale of assets, business succession, or integration into a corporate group, provided the CLIENT’s essential rights are respected.

24. Force majeure

Neither party shall be liable for failure or delay in performing its obligations where this is due to force majeure, an act of God, or circumstances beyond its reasonable control.

This includes, among others, widespread internet outages, failures of essential providers, cyberattacks not attributable to a lack of diligence, labor disputes, pandemics, administrative restrictions, urgent regulatory changes, fires, floods, power outages, or any other unforeseeable or unavoidable event.

The affected party must notify the other party of the situation as soon as reasonably possible.

25. Entire agreement

These General Terms, together with the Proposal, annexes, data processing agreement, privacy policy, specific conditions, accepted functional documentation, and any other documents incorporated by reference, constitute the entire agreement between the parties.

If any clause is declared null, invalid, or unenforceable, this shall not affect the validity of the rest of the contract, which shall remain in force to the extent possible.

Failure by either party to exercise a right shall not constitute a waiver of that right.

26. Survival

Clauses that, by their nature, should remain in effect will survive termination of the contract, including, among others, confidentiality, data protection, intellectual property, limitation of liability, indemnification, outstanding payments, governing law, jurisdiction, and data retention.

27. Governing law and jurisdiction

The contract shall be governed by Spanish law.

For any dispute, conflict, interpretation, enforcement, or breach arising from these General Terms or from the contracting of MASKA’s services, the parties submit to the Courts of Las Palmas de Gran Canaria, expressly waiving any other jurisdiction that may apply to them, unless mandatory law provides otherwise.