Termos de Serviço

1. Acceptance of Terms

By accessing or using the PassportEU platform available at passporteu.app (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "you" or "your" shall refer to such entity.

If you do not agree to these Terms, you may not access or use the Service. Your continued use of the Service after any modifications to these Terms constitutes your acceptance of the revised Terms.

These Terms apply to all visitors, users, and others who access or use the Service, including free-tier users, paid subscribers, and any person who interacts with publicly accessible Digital Product Passport pages generated through the Service.

2. Description of Service

PassportEU is a software-as-a-service (SaaS) platform that provides tools to help e-commerce merchants create, manage, and publish Digital Product Passports (DPPs) in accordance with the European Union's Ecodesign for Sustainable Products Regulation (ESPR). The Service includes, but is not limited to:

• Integration with e-commerce platforms (currently Shopify; WooCommerce, PrestaShop, Shopware, and Magento coming soon) to synchronize product catalog data.
• Tools for entering and managing product information required for Digital Product Passports, including material composition, carbon footprint data, repairability scores, certifications, and supply chain information.
• AI-assisted field pre-filling and multi-language translation of DPP content.
• Generation of publicly accessible Digital Product Passport viewer pages for each product.
• Generation of QR codes that link to public DPP pages.
• Export of DPP data in JSON-LD structured data format.
• Compliance dashboards, batch operations, and analytics.
• REST API access for custom integrations (available on select plans).

The Service is a compliance tool designed to facilitate the creation of Digital Product Passports. PassportEU does not provide legal, regulatory, or compliance advice. See Section 10 for important disclaimers.

3. Account Registration

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to: (a) provide truthful and accurate registration information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account; (d) promptly notify PassportEU if you discover or suspect any security breaches related to the Service or your account.

You must be at least 18 years of age or the age of legal majority in your jurisdiction to create an account and use the Service. Each account is intended for use by a single legal entity. Sharing account credentials with third parties is prohibited unless authorized through a multi-user arrangement under an Enterprise plan.

PassportEU reserves the right to suspend or terminate accounts that contain false or misleading information, or that are used in violation of these Terms.

4. Subscription Plans and Billing

4.1 Plans

PassportEU offers the following subscription tiers:

• Free (€0/month): Up to 10 products, basic DPP generation, QR code generation, public DPP viewer pages, 1 language, email support. Includes PassportEU branding on DPP pages.
• Pro (€79/month): Unlimited products, AI-assisted DPP creation, 5 languages with AI translation, JSON-LD export, compliance dashboard, carbon footprint calculator, repairability scoring, batch operations, priority email support. No PassportEU branding.
• Enterprise (€299/month): Everything in Pro, plus full REST API access, white-label branding, custom domain for DPP pages, dedicated support manager, supply chain traceability, advanced analytics, custom integrations, SLA guarantee, and onboarding assistance.

Feature availability and plan pricing may be updated from time to time. We will provide at least 30 days' notice of any pricing changes to existing subscribers.

4.2 Billing

All paid subscriptions are billed in advance on a monthly or annual basis through Stripe, our third-party payment processor. By subscribing to a paid plan, you authorize PassportEU and Stripe to charge your designated payment method on a recurring basis. All prices are stated in Euros (EUR) unless otherwise indicated. You are responsible for any applicable taxes, duties, or government-imposed fees associated with your subscription.

4.3 Free Trials

PassportEU may offer free trials of paid plans. At the end of the trial period, your account will automatically convert to the paid subscription unless you cancel before the trial expires. No credit card is required to start a free trial.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation, your subscription will remain active until the end of your current billing period. After the billing period ends, your account will be downgraded to the Free plan, and features exclusive to your previous plan will become unavailable. Your data will be retained for 90 days following downgrade, after which data associated with paid-plan features may be deleted.

4.5 Refunds

PassportEU does not offer refunds for partial billing periods. If you cancel your subscription, you will continue to have access to your paid plan features until the end of your current billing period. In exceptional circumstances, refund requests may be submitted to support@passporteu.app and will be evaluated on a case-by-case basis at PassportEU's sole discretion.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights, including EU regulations, data protection laws, intellectual property laws, and export controls.
• Upload, submit, or transmit any content that is fraudulent, misleading, defamatory, obscene, or otherwise objectionable.
• Submit false, inaccurate, or intentionally misleading product data or compliance information in Digital Product Passports.
• Attempt to gain unauthorized access to other users' accounts, the Service's infrastructure, or any connected systems.
• Reverse-engineer, decompile, or disassemble the Service or any component thereof.
• Use automated means (bots, scrapers, crawlers) to access or interact with the Service in a manner that exceeds reasonable usage, unless authorized through an API plan.
• Interfere with or disrupt the integrity, performance, or availability of the Service.
• Resell, sublicense, or redistribute the Service without written authorization from PassportEU.
• Use the Service to create DPPs for illegal products or products that violate applicable EU product safety regulations.

PassportEU reserves the right to investigate and take appropriate action against anyone who violates these acceptable use provisions, including suspending or terminating the offending account and reporting violations to law enforcement authorities.

6. Intellectual Property

The Service, including its original content (excluding User Content), features, functionality, software, design, graphics, trademarks, and documentation, is and remains the exclusive property of PassportEU and its licensors. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws of Ireland and international conventions.

Subject to your compliance with these Terms, PassportEU grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with your subscription plan.

Nothing in these Terms transfers any intellectual property rights in the Service to you. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you use PassportEU's name, logo, or trademarks without prior written consent.

7. User Content and Data

"User Content" means all data, information, text, images, and other content that you upload, submit, or generate through the Service, including product data, material compositions, supply chain information, certifications, and any other information entered into Digital Product Passports.

You retain all ownership rights to your User Content. By using the Service, you grant PassportEU a limited, non-exclusive, worldwide license to store, process, display, and transmit your User Content solely for the purpose of providing and improving the Service. This includes displaying your DPP data on publicly accessible DPP viewer pages as directed by you.

You represent and warrant that: (a) you own or have the necessary rights to all User Content you submit; (b) your User Content does not violate any third-party rights; (c) all product data and compliance information you provide is accurate to the best of your knowledge; (d) you have obtained all necessary consents for the processing of any personal data included in your User Content.

PassportEU stores User Content, including potentially sensitive business data such as supply chain details, material sourcing information, and product certifications. We implement industry-standard security measures to protect your data. For full details on our data handling practices, please refer to our Privacy Policy.

Upon account termination, your User Content will be retained for 90 days, after which it will be permanently deleted. You may request an export of your data at any time before deletion by contacting support@passporteu.app.

8. Third-Party Integrations

The Service integrates with third-party e-commerce platforms including Shopify (live), and in the future WooCommerce, PrestaShop, Shopware, and Magento (collectively, "Third-Party Platforms"). These integrations allow PassportEU to synchronize product data from your stores.

By connecting a Third-Party Platform to PassportEU, you: (a) authorize PassportEU to access and retrieve product data from your store through the platform's APIs; (b) represent that you have the necessary permissions to grant such access; (c) acknowledge that your use of Third-Party Platforms is governed by their respective terms of service and privacy policies.

PassportEU is not responsible for the availability, accuracy, or performance of Third-Party Platforms. Changes to third-party APIs may temporarily affect the functionality of our integrations. We will make commercially reasonable efforts to maintain compatibility, but cannot guarantee uninterrupted integration with any Third-Party Platform.

Payment processing is handled by Stripe. Your use of Stripe is subject to the Stripe Services Agreement. PassportEU does not store your full credit card information; all payment data is processed and stored by Stripe in accordance with PCI-DSS standards.

9. AI-Generated Content Disclaimer

The Service utilizes artificial intelligence (AI) technologies to assist with certain functions, including but not limited to: pre-filling DPP fields based on existing product data, translating DPP content into multiple languages, and suggesting values for compliance-related fields.

AI-generated content is provided as a convenience and starting point only. You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or omissions. You are solely responsible for reviewing, verifying, and approving all AI-generated content before publishing it in a Digital Product Passport.
• AI-generated translations are machine translations and may not be perfectly accurate. For regulatory purposes where certified translations are required, you should engage qualified human translators.
• AI-generated field suggestions are based on patterns in your product data and publicly available information. They do not constitute compliance advice or guarantees of regulatory accuracy.
• PassportEU does not guarantee that AI-generated content meets any specific regulatory standard or requirement.

You assume full responsibility for the accuracy and completeness of all content published in your Digital Product Passports, regardless of whether that content was manually entered, AI-generated, or AI-translated.

10. Compliance Disclaimer

IMPORTANT: PassportEU is a compliance tool, not a compliance service. The Service does not provide legal, regulatory, or compliance advice.

While PassportEU is designed to facilitate the creation of Digital Product Passports in accordance with the EU Ecodesign for Sustainable Products Regulation (ESPR) and related delegated acts, you acknowledge and agree that:

• PassportEU does not guarantee that using the Service will result in full compliance with any EU regulation, directive, or delegated act, including but not limited to ESPR (Regulation 2024/1781), the Battery Regulation (Regulation 2023/1542), or any future DPP-related legislation.
• You are solely responsible for the accuracy, completeness, and legal sufficiency of all information contained in your Digital Product Passports.
• Regulatory requirements are subject to change. While PassportEU makes commercially reasonable efforts to keep the Service current with applicable regulations, there may be delays between regulatory changes and Service updates.
• You should consult with qualified legal and regulatory professionals to ensure that your Digital Product Passports meet all applicable requirements for your specific products and markets.
• PassportEU is not liable for any fines, penalties, market access restrictions, or other consequences arising from non-compliant or incomplete Digital Product Passports.
• The compliance dashboard and compliance status indicators within the Service are informational tools only and do not constitute a certification or guarantee of regulatory compliance.

You bear sole responsibility for ensuring that your products and their associated Digital Product Passports comply with all applicable laws and regulations in every jurisdiction where your products are sold.

11. Service Availability and SLA

PassportEU strives to maintain high availability of the Service. However, we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, system upgrades, or circumstances beyond our reasonable control.

For Enterprise plan subscribers, PassportEU offers a Service Level Agreement (SLA) with a 99.9% monthly uptime target for the core Service (excluding scheduled maintenance windows). Details of the Enterprise SLA, including service credits for downtime, are provided in your Enterprise agreement.

Publicly accessible DPP viewer pages are hosted separately and are subject to their own availability targets. PassportEU makes commercially reasonable efforts to ensure that DPP viewer pages remain accessible at all times, as these pages may be required for regulatory compliance.

PassportEU will provide reasonable advance notice of scheduled maintenance via email or in-app notification. Emergency maintenance may be performed without advance notice when necessary to protect the security or integrity of the Service.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PASSPORTEU, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of, or inability to access or use, the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service, including AI-generated content.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any regulatory fines, penalties, or sanctions resulting from non-compliant Digital Product Passports.
• Loss of market access or sales due to DPP-related issues.
• Errors or inaccuracies in AI-generated translations, field suggestions, or compliance indicators.

IN NO EVENT SHALL PASSPORTEU'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO PASSPORTEU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED EUROS (€100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation.

13. Indemnification

You agree to defend, indemnify, and hold harmless PassportEU and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Service, including any data or content you submit, publish, or display through the Service.
• Inaccurate, incomplete, or misleading information in your Digital Product Passports.
• Your violation of any applicable law, regulation, or third-party right.
• Any claim by a third party arising from the content of your Digital Product Passports or your product compliance obligations.
• Any regulatory action, fine, or penalty imposed on PassportEU as a result of your use of the Service.

PassportEU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with PassportEU in asserting any available defenses.

14. Termination

Termination by You: You may terminate your account at any time by canceling your subscription and deleting your account through your account settings, or by contacting support@passporteu.app. Upon termination, your right to use the Service will cease immediately, subject to Section 4.4 regarding billing periods.

Termination by PassportEU: We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including but not limited to: (a) breach of these Terms; (b) fraudulent, abusive, or illegal activity; (c) non-payment of applicable fees; (d) extended periods of inactivity (12 months or more); (e) upon request by law enforcement or government authorities.

Effect of Termination: Upon termination, your access to the Service will be revoked. Publicly accessible DPP pages associated with your account will be taken offline within 30 days of account termination. Your data will be retained for 90 days following termination to allow for data export, after which it will be permanently deleted in accordance with our data retention policies.

Sections 6, 7, 9, 10, 12, 13, 15, and 16 of these Terms shall survive termination.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

The choice of Irish law as the governing law does not deprive consumers located in the European Union of the protection afforded to them by mandatory provisions of the law of their country of habitual residence, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I Regulation).

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

16. Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute informally by contacting PassportEU at support@passporteu.app. We will endeavor to resolve your concern within 30 business days.

If informal resolution is unsuccessful, any dispute, controversy, or claim arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts of Dublin, Ireland, subject to applicable consumer protection laws that may grant you the right to bring proceedings in the courts of your country of residence.

For consumers residing in the European Union, you may also be entitled to submit a dispute to the European Commission's Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

Nothing in this Section prevents either party from seeking injunctive or other equitable relief from any court of competent jurisdiction for matters relating to intellectual property rights or data security breaches.

17. Changes to Terms

PassportEU reserves the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We will notify you of changes through one or more of the following methods: (a) email notification to the address associated with your account; (b) a prominent notice on the Service; (c) an in-app notification. The updated Terms will be posted on this page with a revised "Last updated" date.

By continuing to access or use the Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service and cancel your account.

18. Contact Information

If you have any questions about these Terms of Service, please contact us:

• General Support: support@passporteu.app
• Sales & Enterprise: sales@passporteu.app
• Website: passporteu.app