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 (paid users)
• Integrate via API (paid users)
• 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 hosting commitment in Section 10 and to the limits on our own use of Your Data in Section 6.

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. Limits on Our Use of Your Passport Data

ESPR Art. 11, second subparagraph, sets a hard limit on what a digital product passport service provider may do with the data it stores or processes for an economic operator. It says that the provider "shall not sell, reuse or process such data, in whole or in part, beyond what is necessary for the provision of the relevant storing or processing services, unless specifically agreed with the economic operator". This Section is how we handle that limit. It is deliberately separate from the license in Section 5.1: that license lets us run the Service, and nothing more.

6.1 What We Do Without Asking You

We process Your Data without any further agreement only where it is necessary to provide the Service to you. That means:

• Storing, backing up and serving your passport data
• Resolving public passport URLs, QR codes and GS1 Digital Links so that anyone holding your product can read the passport
• Generating the labels, PDFs, exports and API responses you ask for
• Keeping the security, audit and billing records we need to operate the Service and to meet our own legal obligations

6.2 What We Will Not Do Unless You Specifically Agree

Each of the following goes beyond what is necessary to provide the Service, so under ESPR Art. 11 we may only do it with your specific agreement. We ask for that agreement separately, per item, and we do not treat your acceptance of this Agreement as agreement to any of them:

• (a) Passport scan analytics. Recording individual scans of your public passport pages, including the approximate location derived from the visitor's IP address, the device and browser type, and the referring page, and presenting the results to you in the dashboard. Without your agreement we do not record individual scans.
• (b) Aggregate benchmarking. Combining data derived from your passports with data from other customers to produce industry averages, benchmark reports, market research or any published statistic, even where your organization is not named.
• (c) Model training. Using your passport data, scan data or compliance history to train, fine-tune or evaluate any machine learning model, including models we use to suggest compliance improvements, and including any model operated by a third party.

Agreeing to one of (a), (b) or (c) is not agreement to the others. You can give or withdraw agreement to any of them at any time by writing to [email protected]. When you withdraw, we stop the processing and delete the data we collected under that agreement, except where it has already been irreversibly aggregated into a published figure. Withdrawing does not affect your access to any part of the Service: none of these are conditions of purchase.

6.3 What We Will Never Do

• We do not sell Your Data, your passport data or your scan data, to anyone, with or without your agreement
• We do not share it with advertising networks or data brokers
• We do not use it to build a competing product catalogue or to approach your suppliers or customers

6.4 Sub-processors

The same limits bind anyone we engage to help run the Service. Our sub-processors are listed in our Privacy Policy and are contractually restricted to processing Your Data on our instructions for the purposes in Section 6.1.

7. Subscriptions and Payments

7.1 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.

7.2 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.

7.3 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.

7.4 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.

8. Refunds and Cancellation

8.1 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.

8.2 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

8.3 What Happens to Your Data

When you cancel or downgrade:

• Published passports: Remain publicly resolvable for at least 12 months from first publication, under our commitment in Section 10.1 (not an EU legal minimum, see that section)
• 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

9. Acceptable Use Policy

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

9.1 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

9.2 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

9.3 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.

10. Data Retention and Passport Availability

10.1 Our Hosting Commitment

We keep every passport you publish through the Service publicly resolvable for at least 12 months from the date you first publish it, and for as long after that as we operate the Service. If we ever stop operating it, we will tell you and keep your published passports resolvable for at least 90 days from that notice, so you have time to export your data and move your QR codes somewhere else. This is a commitment we make to you under this Agreement. It is not a period fixed by EU law, and we do not want you to plan around it as though it were.

We previously promised 10 years. We shortened it deliberately, and we would rather explain why than quietly leave it in place. A decade of hosting attached to a one-time payment is a promise a small operator cannot fund or insure, and a promise that cannot be funded is worth less to you than a shorter one that can. What matters for a printed QR code is not the number of years in a contract, it is that the page never disappears without warning. That is what the 90 days of notice above is for. If a delegated act sets a longer period for a product group you sell, we will extend this commitment to match it, because at that point it is a legal obligation rather than a marketing number.

By publishing a passport through the Service, you acknowledge and agree that:

• Published passport data will stay publicly resolvable for at least 12 months from first publication, and for at least 90 days after any notice that we are winding down
• This continues after you stop buying passport packs, cancel, or close your account
• Marking a passport as "end-of-life" changes what visitors are shown; it does not take the passport offline
• You can end this commitment for any individual passport at any time by unpublishing or deleting it (see "Withdrawing a passport" below), and we will keep hosting it until you do
• If a delegated act later sets a longer period for a product group you sell, we will extend this commitment to match it, at no extra charge

One exception applies to batteries. Reg. (EU) 2023/1542 Art. 77(8) provides that the battery passport ceases to exist once the battery has been recycled. Where you mark a battery passport as end-of-life on the ground that the battery has been recycled, we will retire it instead of keeping it running for the remainder of the period above.

Withdrawing a passport

The commitment above is ours, not a restriction on you. You stay in control of your own passports: you can unpublish or delete any passport at any time, from the dashboard or through the API, and it comes offline immediately. We do not require a reason and we do not hold a passport online against your wishes.

Withdrawing a passport is your decision and your responsibility. You accept that we are not liable for any consequence of a passport you take offline, including regulatory findings, enforcement action, customer or distributor complaints, returned goods, or the cost of reprinting labels and data carriers. Withdrawal does not by itself entitle you to a refund: passport credits are refundable only on the terms in Section 8 (Refunds and Cancellation), and taking a passport offline outside that window does not return the credit.

10.2 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

10.3 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.

11. Service Availability

11.1 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.

11.2 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

11.3 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.

12. Disclaimer of Warranties

13. Limitation of Liability

14. 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.

15. Termination

15.1 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 8.

15.2 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

15.3 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, which stay resolvable under our hosting commitment in Section 10.1
• Sections that by their nature should survive (including IP, Limitation of Liability, Indemnification, and Governing Law) will survive termination

16. 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.

17. Governing Law and Disputes

17.1 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.

17.2 Dispute Resolution

Before initiating any legal proceeding, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve any dispute within 30 days.

17.3 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.

17.4 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.

18. Miscellaneous

18.1 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.

18.2 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.

18.3 Waiver

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

18.4 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.

18.5 No Third-Party Beneficiaries

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

18.6 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.

18.7 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.

18.8 Language

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

19. Contact Information

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