Terms of Service

1. Definitions

In these Terms of Service, the following terms have the meanings set forth below:

• "Agreement" means these Terms of Service, our Privacy Policy, and any other policies referenced herein.
• "Company," "we," "us," or "our" refers to LabelEU, the operator of the Service.
• "Content" means any text, data, images, documents, or other materials uploaded, submitted, or created using the Service.
• "Digital Product Passport" or "DPP" means a structured data record containing product information as defined by the EU ESPR regulation.
• "ESPR" means the EU Ecodesign for Sustainable Products Regulation (EU) 2024/1781.
• "Organization" means a company, team, or entity that subscribes to the Service.
• "Service" means the LabelEU Software-as-a-Service platform, including all features, tools, and related services.
• "Subscription" means the paid access to the Service under the terms of a selected plan.
• "User," "you," or "your" refers to any individual or entity that accesses or uses the Service.
• "Your Data" means all product data, passport content, and other information you upload or create using the Service.

2. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.

If you do not agree to these terms, you must not create an account or use the Service.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, to use the Service. The Service is intended for business use and is not directed at consumers or children.

3. Service Description

LabelEU provides a Software-as-a-Service platform that enables businesses to:

• Create and manage Digital Product Passports for EU ESPR compliance
• Generate QR codes linking to public passport pages
• Publish passport data for consumer access
• Import and export product data via CSV
• Access analytics on passport views (Scale tier)
• Integrate via API (Scale tier)
• Manage team access and organization settings

The Service supports the following product categories: textiles, batteries, furniture, and toys. Additional categories may be added as EU regulations expand.

4. Account Registration

4.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You may register using email or through supported social login providers.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these terms.

4.3 Organization Accounts

If you create or join an organization account, the organization owner controls access and permissions. Organization data belongs to the organization, not individual users. When you leave an organization, you will lose access to that organization's data.

5. Intellectual Property

5.1 Your Data

You retain all rights to Your Data. We do not claim ownership of any product information, passport content, or other data you upload or create using the Service.

By using the Service, you grant us a limited, non-exclusive, worldwide license to host, store, display, reproduce, and transmit Your Data solely for the purpose of providing the Service to you. This license terminates when you delete Your Data or close your account, subject to our legal data retention obligations (see Section 9).

5.2 Our Platform

The Service, including its design, code, features, documentation, branding, and all underlying technology, is owned by LabelEU and protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices or labels
• Use our trademarks without prior written consent
• Resell, sublicense, or redistribute the Service

5.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation to you.

6. Subscriptions and Payments

6.1 Subscription Plans

We offer the following plans:

Additional passports can be purchased at per-passport pricing that varies by tier. Current pricing is displayed in your dashboard and on our website.

6.2 Billing

Subscriptions are billed annually in advance. Payment is processed by Dodo Payments, our merchant of record. By subscribing, you authorize us to charge your payment method for the subscription fee and any applicable taxes.

6.3 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will notify you before renewal via email. The renewal price may change; we will provide at least 30 days notice of any price increases.

6.4 Taxes

Prices are exclusive of applicable taxes unless otherwise stated. You are responsible for paying all taxes associated with your subscription. If you are a VAT-registered business in the EU, you may provide your VAT number to apply the reverse charge mechanism.

7. Refunds and Cancellation

7.1 30-Day Free Trial

All paid plans include a 30-day free trial. During the trial period, you have full access to all features of your chosen plan without being charged.

7.2 Cancellation

You may cancel your subscription at any time from your account settings. Upon cancellation:

• Your subscription will remain active until the end of the current billing period
• No prorated refunds are provided for unused time
• You will retain access to published passports in read-only mode
• Your account will be downgraded to the free tier after the period ends

7.3 What Happens to Your Data

When you cancel or downgrade:

• Published passports: Remain publicly accessible for 10 years from publication (EU ESPR requirement)
• Draft passports: Retained for 30 days, then deleted unless you resubscribe
• Account data: Retained for 30 days after account closure
• Data export: You may export your data at any time before or after cancellation

8. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with this Agreement. You must not:

8.1 Prohibited Content

• Upload false, misleading, or fraudulent product information
• Create passports for products that do not exist
• Impersonate other companies or brands
• Upload content that infringes third-party intellectual property rights
• Upload content that is illegal, harmful, threatening, or offensive
• Upload malware, viruses, or other malicious code

8.2 Prohibited Activities

• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Scrape, crawl, or use automated tools to access the Service without permission
• Use the Service for competitive analysis or benchmarking
• Exceed rate limits or abuse API access
• Resell or redistribute the Service without authorization
• Use the Service to violate any applicable law, regulation, or third-party rights

8.3 Enforcement

We reserve the right to investigate and take appropriate action against any violations of this policy, including removing content, suspending accounts, and reporting illegal activity to law enforcement. We may terminate your account immediately for serious violations without notice or refund.

9. Data Retention and ESPR Compliance

9.1 10-Year Retention Requirement

The EU ESPR regulation requires that Digital Product Passports remain accessible for a minimum of 10 years after the last unit of a product is placed on the market. By publishing a passport through our Service, you acknowledge and agree that:

• Published passport data will be retained and publicly accessible for 10 years from first publication
• This data cannot be fully deleted during the retention period
• This retention continues regardless of subscription status
• You may mark a passport as "end-of-life" but it will remain accessible

9.2 Your Responsibility

You are solely responsible for:

• Ensuring the accuracy and completeness of your passport data
• Updating passport information when product details change
• Obtaining necessary consents for any personal data included in passports
• Complying with all applicable product regulations in your jurisdiction

9.3 Regulatory Changes

EU regulations regarding Digital Product Passports may change. We will make reasonable efforts to update the Service to reflect regulatory changes, but we do not guarantee that the Service will always meet evolving regulatory requirements. You should consult with legal counsel regarding your specific compliance obligations.

10. Service Availability

10.1 No Uptime Guarantee

While we strive to maintain high availability, we do not guarantee any specific uptime percentage or service level. The Service is provided on an "as available" basis.

10.2 Maintenance

We may perform scheduled or emergency maintenance that temporarily affects Service availability. We will provide reasonable advance notice for scheduled maintenance when possible. During maintenance:

• The dashboard and editing features may be temporarily unavailable
• Public passport pages will remain accessible when possible
• API access may be limited or suspended

10.3 Service Modifications

We may modify, update, or discontinue features of the Service at any time. For material changes that negatively affect core functionality, we will provide 30 days notice where reasonably possible.

11. Disclaimer of Warranties

12. Limitation of Liability

13. Indemnification

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

• Your use of the Service
• Your Content or Your Data
• Your violation of this Agreement
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property rights
• Any claim that your product data is inaccurate, misleading, or non-compliant with applicable regulations
• Any regulatory enforcement action or penalty related to your products

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of any such claim.

14. Termination

14.1 Termination by You

You may terminate your account at any time by using the account deletion feature in your settings or by contacting support. Termination does not entitle you to a refund except as provided in Section 7.

14.2 Termination by Us

We may suspend or terminate your account and access to the Service:

• For cause: Immediately if you breach this Agreement, violate the Acceptable Use Policy, or engage in fraudulent or illegal activity
• For convenience: With 30 days written notice, in which case we will provide a pro-rata refund of prepaid fees
• For non-payment: If payment fails and is not resolved within 14 days

14.3 Effect of Termination

Upon termination:

• Your right to access the Service terminates immediately
• You must cease all use of the Service
• We may delete Your Data after 30 days, except for published passports subject to 10-year retention
• Sections that by their nature should survive (including IP, Limitation of Liability, Indemnification, and Governing Law) will survive termination

15. Modifications to Terms

We may modify these Terms of Service from time to time. When we make changes:

• Material changes: We will notify you by email at least 30 days before the changes take effect and provide a summary of what changed
• Minor changes: We will update the "Last Updated" date and post the revised terms

Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified terms. If you do not agree to the changes, you must stop using the Service and may terminate your account.

16. Governing Law and Disputes

16.1 Governing Law

This Agreement and any disputes arising out of or relating to it or the Service shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

16.2 Dispute Resolution

Before initiating any legal proceeding, you agree to first contact us at support@labeleu.app to attempt to resolve the dispute informally. We will work in good faith to resolve any dispute within 30 days.

16.3 Jurisdiction

Any legal proceedings that cannot be resolved informally shall be brought exclusively in the competent courts of Amsterdam, the Netherlands, and you consent to the personal jurisdiction of such courts.

16.4 Consumer Rights

If you are a consumer in the European Union, nothing in this section shall affect your statutory rights under applicable EU consumer protection laws, including the right to bring claims in your country of residence.

17. Miscellaneous

17.1 Entire Agreement

This Agreement, together with our Privacy Policy and any other policies referenced herein, constitutes the entire agreement between you and LabelEU regarding the Service and supersedes all prior agreements and understandings.

17.2 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17.3 Waiver

Our failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer this Agreement or your rights hereunder without our prior written consent. We may assign this Agreement without restriction in connection with a merger, acquisition, or sale of assets.

17.5 No Third-Party Beneficiaries

This Agreement does not create any third-party beneficiary rights.

17.6 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, or internet service provider failures.

17.7 Notices

We may provide notices to you via email to the address associated with your account or by posting notices on the Service. You are responsible for keeping your email address current.

17.8 Language

These Terms are provided in English. If we provide translations, the English version shall control in case of any conflict.

18. Contact Information

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