Terms of Use

1. About these terms

These Terms of Use govern access to and use of the ChemCapital website, platform, applications, content, workflows, and related services.

ChemCapital is operated by Fahad Zia, sole trader established in Austria, with a business address at Schörgelgasse 89/7, 8010 Graz, Austria. Austrian GISA number: 37963262. Trade activity: Handelsagent.

For the purposes of these Terms, “ChemCapital”, “we”, “us”, and “our” refer to the operator identified above. “You” and “your” refer to the person or organisation using the platform.

2. Business use only

ChemCapital is intended for use by businesses, professional users, and authorised representatives acting for commercial, industrial, research, engineering, procurement, supply-chain, or related organisational purposes.

You confirm that you are using the platform in a business or professional capacity, and that you have authority to act for the organisation you represent.

3. What ChemCapital does

ChemCapital provides a digital platform to help procurement users and suppliers find each other, create and manage RFQs, review quotations, compare offers, manage related documentation, and support procurement and supplier workflows.

ChemCapital is not the manufacturer, seller, distributor, importer, exporter, broker of record, freight forwarder, customs agent, insurer, lender, escrow provider, or contracting party to the underlying sale or supply contract between buyer and supplier unless expressly stated otherwise in a separate written agreement signed by ChemCapital.

ChemCapital does not assume responsibility for product quality, technical suitability, legal compliance, end use, safety, delivery, commissioning, performance, or payment performance between platform users.

4. Account registration and access

You must provide accurate, complete, and current information when creating an account or using the platform.

You are responsible for: a) keeping login credentials secure; b) restricting access to your account and devices; c) ensuring that all users from your organisation are properly authorised; d) promptly updating inaccurate or outdated account information; and e) notifying us immediately of unauthorised use, misuse, or a security incident affecting your account.

We may suspend or restrict access where we reasonably believe an account is compromised, inaccurate, unauthorised, or used in breach of these Terms.

5. Your responsibilities

You are solely responsible for your own business decisions and for ensuring that your activities on or through the platform comply with all applicable laws, regulations, sanctions, export controls, anti-corruption rules, competition rules, procurement rules, tax obligations, and product-specific requirements.

This includes, where relevant: a) supplier due diligence; b) buyer due diligence; c) KYC, KYB, and counterparty verification; d) sanctions and restricted-party screening; e) export control and end-use compliance; f) technical review and engineering validation; g) product qualification and certification review; h) contract negotiation and commercial risk review; and i) all purchase, supply, delivery, warranty, and after-sales obligations.

ChemCapital may provide tools, fields, prompts, document handling, and workflow support, but these do not replace your own professional review and decision-making.

6. User content and platform materials

You retain ownership of the content, documents, product information, RFQs, quotations, purchase orders, attachments, and other materials that you upload or submit to the platform.

You grant ChemCapital a non-exclusive, worldwide, royalty-free licence to host, store, copy, process, transmit, format, display, and use such materials to operate, secure, maintain, improve, and administer the platform, deliver workflows, provide support, investigate misuse, comply with law, and enforce our rights.

You confirm that: a) you own or control the rights necessary to submit the material; b) the material is accurate to the best of your knowledge; c) the material does not infringe third-party rights; and d) the material is not illegal, misleading, fraudulent, prohibited, or submitted for an unlawful end use.

7. Prohibited use

You may not use the platform: a) for illegal, fraudulent, deceptive, harmful, or abusive activity; b) to submit false identities, false business data, forged certifications, or misleading technical or commercial information; c) to distribute malware, attempt unauthorised access, scrape the platform unlawfully, or interfere with system operation; d) to build, support, finance, procure, or manufacture weapons, munitions, explosives, energetics, chemical warfare capabilities, unlawful military applications, or other prohibited end uses; e) in breach of sanctions, trade restrictions, or export-control rules; f) to source, promote, or facilitate unlawful controlled substances, unlawful precursor activities, or illegal manufacturing operations; g) to violate intellectual property, confidentiality, privacy, or data-protection rights.

Additional prohibited-use rules are set out in the Acceptable Use and Prohibited End Uses Policy, which forms part of these Terms.

8. AI-assisted features

Some ChemCapital features may use automated tools or AI-assisted processing to extract information, compare quotations, summarise content, highlight differences, or generate recommendations.

These outputs are provided for informational assistance only. They are not engineering advice, legal advice, compliance advice, procurement advice, safety advice, export-control advice, or a substitute for qualified professional judgment.

You remain solely responsible for checking all AI-assisted outputs before relying on them.

9. Fees and paid services

Access to some features may require payment, including subscriptions, RFQ unlock fees, success fees, or other charges. Where applicable, these are governed by the Billing Terms, pricing page, order form, or other written commercial terms.

You agree to pay all applicable fees, taxes, and charges associated with your use of paid services.

10. Intellectual property

All rights in the ChemCapital platform, software, workflows, interface design, branding, structure, databases, compiled insights, and platform materials other than user content are owned by or licensed to ChemCapital.

You may not copy, reverse engineer, republish, sell, sublicense, or exploit platform materials beyond the normal permitted use of the service, except where mandatory law expressly allows it.

11. Availability and changes

We may update, improve, change, suspend, or discontinue any part of the platform at any time. We do not guarantee uninterrupted availability, error-free operation, or permanent availability of any particular feature.

12. Suspension and termination

We may suspend, restrict, or terminate access immediately where we reasonably believe that: a) you have breached these Terms or related policies; b) your use presents legal, security, sanctions, fraud, or misuse risk; c) your activity may involve prohibited goods, services, or end uses; d) payment is overdue; or e) suspension is necessary to protect users, the platform, or our legal position.

You may stop using the platform at any time. Termination does not affect accrued rights, payment obligations, or clauses that are intended to survive termination.

13. Disclaimer

To the maximum extent permitted by law, the platform and all related services are provided on an “as is” and “as available” basis.

ChemCapital does not warrant that: a) any supplier, buyer, quote, certification, or user information is accurate, complete, or reliable; b) any product or service is legal, safe, fit for purpose, compliant, or suitable for your application; c) any quote comparison or AI output is correct or complete; d) any transaction will be concluded, paid, performed, or completed successfully; or e) use of the platform will achieve any specific commercial or technical result.

14. Limitation of liability

To the maximum extent permitted by law, ChemCapital will not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages, or for loss of profit, loss of revenue, loss of business, loss of data, loss of opportunity, or reputational harm.

ChemCapital’s total aggregate liability arising out of or in connection with the platform, these Terms, or your use of the service will not exceed the greater of: a) EUR 1,000; or b) the total amount paid by your organisation to ChemCapital in the 12 months preceding the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud, fraudulent misrepresentation, wilful misconduct, or death or personal injury caused by negligence where mandatory law prevents exclusion.

15. Indemnity

You agree to defend, indemnify, and hold harmless ChemCapital and its affiliates, operators, personnel, and service providers from and against claims, demands, losses, damages, liabilities, costs, and expenses, including reasonable legal costs, arising out of or connected with: a) your use of the platform; b) your organisation’s activities, products, RFQs, quotations, purchase orders, or transactions; c) your breach of these Terms or related policies; d) your breach of law, sanctions, export-control rules, or third-party rights; or e) any prohibited or unlawful end use linked to your activity.

16. Governing law and jurisdiction

These Terms are governed by Austrian law, excluding conflict-of-laws rules.

For disputes arising out of or in connection with these Terms, the courts having jurisdiction for Graz, Austria will have exclusive jurisdiction, unless mandatory law requires otherwise.

17. Contact

Questions about these Terms may be sent to office@chemcapital.at.