DRAFT – for legal review. The platform is English only; a Bulgarian version is kept for the lawyer in docs/legal/.
1. Parties, subject and contract documents
1.1. These terms govern the relationship between ANB Consult Ltd, VAT BG208982488, Bratiya Miladinovi 12, 4230 Asenovgrad, Bulgaria (the "Provider") and the legal entity registered on the platform (the "Customer") regarding the service of creating, storing, publishing and maintaining battery passports under Articles 77 and 78 and Annex XIII of Regulation (EU) 2023/1542 (the "Regulation") and the related compliance functions of the platform (the "Service"). 1.2. The Customer is the economic operator responsible under Article 77(4) of the Regulation for the passports published in its name; for batteries that an importer places on the market, section 3.3 applies. The Provider acts under the Customer's written authorisation and only as a provider of the Service. 1.3. The contract consists of these terms, the "Data processing agreement", the "Switching and data portability information", which forms part of these terms, the authorisations the Customer gives in the platform, the prices on the pricing page and in the platform and, for the Enterprise plan, the order form (7.11). 1.4. If these documents conflict, an order form signed by both parties prevails on the points it governs, the Data processing agreement prevails on personal data, an authorisation prevails on the scope of the mandate, and these terms prevail over the pricing page and the rates shown in the platform. 1.5. The Customer's own purchase or general terms do not apply, even if an order or another document of the Customer refers to them, and even if the Provider does not object to them. 1.6. Other prices, conditions or promises bind the Provider only in an order form or another document signed for the Provider by a person authorised to represent it. Partners, resellers, sales and support staff cannot change these terms or give warranties on the Provider's behalf.
2. Registration, conclusion and access
2.1. The Customer registers with the details of the legal entity and a contact person, confirms a business e-mail address and provides a signed authorisation. The Provider checks the details before activation and may refuse a registration without giving reasons. 2.2. User accounts are personal. Two-factor authentication is mandatory for the Customer's users unless agreed otherwise in writing. 2.3. The Service is offered only to undertakings acting for their trade, business or profession. The Customer confirms that it is not a consumer. Rules of consumer protection law do not apply. 2.4. The person who registers the Customer or accepts a document in the platform confirms that it is authorised to bind the Customer. The Provider may ask for proof at any time, such as an extract from a commercial register or a power of attorney, and may suspend the activation until it receives it. 2.5. The Customer accepts these terms and the Data processing agreement by ticking the acceptance box when it registers. The contract is concluded in English when the Provider approves the registration (2.1). The Provider confirms the approval by e-mail to the account owner. The parties agree that Articles 8 and 10 of the Bulgarian Electronic Commerce Act do not apply between them. 2.6. The platform records who accepted a document or made a statement, when, from which IP address and which version of the text. The parties agree that a statement made in the platform by a user signed in to the Customer's account is the Customer's electronic signature and has the effect of a handwritten signature between them (Article 13(4) of the Bulgarian Electronic Document and Electronic Trust Services Act). This covers the acceptance of these terms, of the Data processing agreement and of their later versions, and authorisations under Article 77(4) of the Regulation, including those under 3.3. It also applies between Customers linked under 3.3. The records of the platform are proof of these statements unless the contrary is proven. 2.7. The Customer is bound by the statements and acts of its account owners and users until it removes them in the platform. The Customer keeps its company details and the e-mail addresses of its account owners current. Notices sent by the Provider to the last addresses the Customer gave are deemed received. 2.8. The Customer is responsible for everything done through its users, invited consultants and partners, the API keys and OAuth clients it creates and its single sign-on, as for its own acts. It keeps credentials secret, removes access that is no longer needed and tells the Provider without undue delay of any misuse or suspected compromise. 2.9. If a user loses both the second factor and the recovery codes, the Provider resets the second factor only on a request made through the platform by another account owner of the Customer or, if there is none, on a request signed by the Customer's legal representative and checked against the details given at registration. The Provider may ask for further proof and may refuse a request it cannot verify. The Provider is not liable for a delay caused by this check. 2.10. Rules of use. The Customer and its users do not: (a) enter data, documents or claims that are false or misleading, including environmental and conformity claims; (b) make passports for batteries the Customer does not manufacture, import or place on the market, unless an economic operator has authorised it in writing (including batches under 3.3); (c) use another company's name, identifiers, marks or certificates without the right to do so; (d) put personal data into passports, documents or dynamic data, except as allowed under 3.15; (e) upload malware or content that is unlawful or infringes the rights of others; (f) get around plan limits, quotas, access levels or security measures, including by using several accounts for one legal entity; (g) try to access other customers' data, collect non-public data automatically, or run load, penetration or vulnerability tests without the Provider's written consent; (h) decompile, copy or reverse engineer the software of the Service, except where mandatory law allows it, or resell, sublicense or provide the Service to third parties without a written agreement with the Provider. These rules do not limit reading the public level of passports by anyone, including by machine. The Provider may limit request rates to protect the Service. 2.11. Sanctions. The Customer confirms that: (a) neither it nor any person that owns more than 50 % of it or controls it is subject to restrictive measures (sanctions) of the European Union, of its Member States or of the United Nations; (b) it is not established in Russia or Belarus and is not owned or controlled by a person established there; (c) it does not let such persons use the Service and does not link with them in the platform (3.3). The Customer informs the Provider without delay if this changes. The Provider may check the Customer, its owners and the companies it links with against sanctions lists at any time and may refuse or stop the Service until a possible match is cleared.
3. Responsibility for data and scope of the Service
3.1. The Customer is solely responsible for the accuracy, completeness, currency and lawfulness of the data and documents in its passports, generated documents and labels and in the EU registry, and for the conformity of its batteries. 3.2. The Provider uses reasonable efforts to keep the platform available and secure and in conformity with the applicable passport standards (EN 18216–18223 and related acts). The Provider gives no other warranty about the Service. To the extent the law allows, all warranties not stated in these terms are excluded, including warranties of fitness for a particular purpose and of uninterrupted or error-free operation. 3.3. Where a manufacturer established outside the Union makes passports for batteries that its importers place on the market, the importer that confirms a batch is the economic operator responsible for their passports (Art. 41 and 77(4) of Regulation (EU) 2023/1542) on the basis of the written authorisation it gives in the platform by accepting the link with the manufacturer or by inviting the manufacturer there; the manufacturer is responsible towards the importer for the data it provides. Only the importer confirms a batch, and only in the platform: the manufacturer does not publish those passports itself, and an importer not yet registered on the platform first registers and accepts the link. The operator that places the battery on the market pays: the passports of a batch count towards the plan of the importer, unless the manufacturer has chosen to pay for the batches it assigns to that importer or for that batch before its confirmation; they then count towards the manufacturer's plan (the "payer" of the batch). The payer of a batch does not change after its confirmation. A manufacturer established outside the Union prepares its models, data, documents, serial numbers, QR codes and batches, and uses the compliance assistants that describe the battery (labels, the EU declaration of conformity and other generated documents, carbon footprint, supplier portal), without charge on every plan, whatever the state of its subscription, up to the greater of the limits of its plan and 500 models, 100,000 open items (drafts and batteries in batches not yet confirmed), 5 users and 30 AI pages a month; its files are limited to 2 GB in total and its supplier requests with an e-mail to 20 a day. Only the passports it pays for, and the passports it published outside batches before its account became that of a manufacturer established outside the Union, count towards its plan. 3.4. For the passports of a batch confirmed by an importer (3.3): (a) only the payer of the batch owes the fees for them, including the hosting fee under 7.8, and 7.9 applies to them according to the payer's payments; (b) the Provider redirects or transfers those passports to another provider, or hands them over under 5.2(b), only at the joint request of the importer and the manufacturer, or at the request of the importer alone if the manufacturer has ceased to exist or its contract has ended; (c) the Provider is not responsible for the data that one Customer provides about batteries that another Customer places on the market; the Customer that provides the data indemnifies the Provider against claims of third parties arising from it (9.6). Disputes between the manufacturer and the importer are settled between them. 3.5. The Service is a technical tool for battery passports. The Provider does not give legal advice, does not assess the conformity of batteries and does not verify the Customer's data against the batteries. It is not the Customer's notified body, importer, distributor, producer responsibility organisation, authorised representative (Article 40) or authorised representative for extended producer responsibility (Article 56(3)), unless the parties agree such a role in a separate written contract that states the Provider's duties. 3.6. Readiness indicators, checks, deadlines, requirement lists, guides, the FAQ, generated texts and answers from support are general information about the law at the time they were written. The Provider does not guarantee that they are complete, correct or current. A complete readiness check, a passed check or acceptance by the EU registry shows only that the data is complete in form; it does not certify that a battery or a passport conforms to the Regulation. Functions that depend on third-party systems, such as the EU registry or an AI provider, work only as far as those systems allow. 3.7. The platform and the text it adds to passports, generated documents and labels are in English. Where the Regulation or a Member State requires information in another language, providing it is the Customer's task. 3.8. EU registry. Publishing a passport on the platform is not its registration in the EU registry under Article 13 of Regulation (EU) 2024/1781. The economic operator that places the battery on the market is responsible for registering its passport, for obtaining and keeping valid the verification the registry requires of it (for a legal entity, a qualified electronic seal) and for the correctness of its registry details. The Provider submits a registration on the Customer's behalf only where the registry allows it, the Customer has authorised it in the platform and, where required, in the registry, and the Customer starts the registration in the platform. The duty to register stays with the Customer. The Provider is not liable for a registration that the registry refuses, delays or does not process. 3.9. The Provider signs every published passport version and every generated document version with its own key (the "platform signature"). The platform signature shows only that the version was issued through the Service and has not changed since. It is not a qualified electronic signature or seal and not a signature of the Customer. It does not confirm that the content is correct, complete or in conformity with the law. The Customer itself signs any document that the law requires it to sign, such as the EU declaration of conformity. 3.10. When a Union act or a harmonised standard changes the content, format, access rules or registration of battery passports, the Provider decides whether, how and when to adapt the Service. The Provider does not guarantee that an adaptation is available before the date the change applies. Published passport versions are not withdrawn because data required by a change is missing; the Customer adds the data in a new version. 3.11. Data onboarding and other work by the Provider (7.3) is done only under a separate written order. Data entered by the Provider is published only after the Customer has checked and approved it. The Customer remains responsible for the source documents and for the published passports; the Provider's only obligation is to correct its own transfer errors free of charge. 3.12. Supplier requests. The Customer may ask its suppliers for data through a link to a form. Values and documents sent by a supplier are a proposal: the model and the passports change only when the Customer applies them. The Provider does not check supplier data and is not responsible for it. 3.13. AI reading. AI reading of documents is optional and runs only when a user starts it for selected documents. The Provider then sends those documents and the requested fields to the AI provider named in the Data processing agreement, which processes them in the European Union. The Provider does not use the Customer's documents, data or AI results to train AI models. AI results are suggestions without any warranty: they enter a model or passport only when a user accepts them, and the Customer checks them before publishing. 3.14. The Customer uploads only documents it may share and publish, including supplier documents, test reports and manuals. 3.15. In passports and their documents the Customer enters only data about the battery and company contact details, using function e-mail addresses rather than personal ones. The only exception is personal data that EU law requires in a passport document, such as the name and function of the person who signs the EU declaration of conformity. If personal data must be erased from published versions, the Customer instructs the Provider in writing and bears the reasonable cost of the change.
4. Use of data and rights
4.1. The Customer's data belongs to the Customer. The Provider does not use it beyond providing the Service (Article 78(d) of the Regulation), does not sell it and does not use it for advertising. 4.2. Third parties receive access to non-public data under the rules of the Regulation and the act under Article 77(9), approved by the Customer or – for regulated roles – by the Provider. 4.3. The Provider stores and processes the Customer's data in data centres in the European Union, through the subcontractors listed in the "Switching and data portability information". Data leaves the Union only when users, the public or third parties authorised under 4.2 view, download or receive it from outside the Union, and when e-mail is sent through the e-mail provider named in the Data processing agreement, which may process the messages outside the Union. 4.4. Providing the Service includes counting the Customer's passports, models, users, scans, API requests and AI pages, keeping technical and security logs and using these counts and error and performance data without personal data to operate, secure and improve the Service. The Provider does not use the content of passports, models or documents for that purpose. 4.5. The Customer grants the Provider a free, non-exclusive, worldwide licence to store, copy (including in backups), convert, sign, publish, make available and transmit the data, documents, images, logos and marks it provides, as far as the Service requires, including to the EU registry, to persons with access under 4.2 and to a new provider or depositary under 5.2(b) and 5.4. The Provider may let its subcontractors use them for these purposes. For published passport versions the licence lasts for the period in 5.2 and survives the end of the contract. 4.6. If a third party or an authority claims that a document or data published through the Service infringes its rights or is unlawful, the Provider may disable public access to that document or data until the claim is resolved or the Customer replaces it, and informs the Customer. 4.7. The platform, its software, templates, data model, texts and marks remain the Provider's. The Customer may use the Service during the contract for its own business. The Customer may use, print and keep the passports, labels, declarations, other documents and exports generated for it, also after the contract ends. 4.8. The Provider may use suggestions and feedback of the Customer without payment and without restriction. This does not cover the Customer's data (4.1). 4.9. The Provider may name the Customer and show its logo in its list of customers and in its marketing, unless the Customer objects in writing; the Provider then stops new uses within 30 days. 4.10. When the Provider accepts a cell that the Customer proposes for the platform cell library, all companies on the platform may see and use the cell's values and its documents, without the Customer being named. The Customer confirms that it may share these documents and allows the Provider, free of charge and without time limit, to keep, correct and make them available in the library. The Provider may withdraw the cell at any time.
5. Continuity, term, restriction and termination
5.1. The Provider keeps a backup of every published passport version with an independent storage provider (Article 78). 5.2. The Provider keeps the public level of a published passport available, also while an invoice is overdue (7.9), until the earliest of: (a) the recycling of the battery is recorded in the passport (Article 77(8)); (b) the passport is handed over: the Customer, a provider named by it or a depositary takes over its publication, or the Provider has delivered the data under 5.4; (c) ten years after the last battery of the model was placed on the market, and in any case not longer than fifteen years after the passport was first published. A download or export of data is not a hand-over. Unpaid fees remain due and are claimed under 7.8 and 7.9. The obligation to make the passport available under Articles 77(4) and 78(e) of the Regulation remains the Customer's. After a switch or a hand-over, permanent addresses redirect under 6.3. 5.3. The contract is concluded for an indefinite period. The Customer may end it at any time by written notice; a switch follows section 6, and the fees already paid are not refunded (7.4). The Provider may end it at any time by written notice of three months, or of six months for a Customer on a paid plan; the Provider then refunds the prepaid fees for the full months after the end. 5.4. If the Provider stops the Service, it informs the account owners in advance, at least three months in advance where possible. Until then the Customer may export its data (section 6) and name another provider, to which the Provider hands over the data and the redirects. If the Customer names none, the Provider may hand the data over to a depositary in the European Union named in the notice, or to the Customer. The Provider refunds the prepaid fees for the full months after the end of the Service. No other compensation is due. 5.5. The Customer's data remains the Customer's if the Provider's business ends, including in liquidation or insolvency (4.1). 5.6. A published passport version is not changed; corrections are published as a new version. The Customer may delete a passport only after the recycling of the battery is recorded (Article 77(8)). 5.7. To stop a security incident or misuse, the Provider may at once block a user account, an API key, an OAuth client, a webhook or an uploaded file, and informs the account owners of the reason without undue delay. 5.8. The Provider may restrict the Customer's account – the panel becomes read-only and the API, the OAuth clients and the supplier portal stop – if: (a) the Customer breaches these terms, in particular 2.10 or 2.11; (b) the Customer's credentials are compromised or an attack is made through its accounts; (c) an invoice is overdue under 7.9; (d) EU or Member State law, restrictive measures or an order of a court or competent authority require it. For a breach that can be remedied, the Provider first asks the Customer in writing to remedy it within 14 days, unless waiting would harm the Provider, other customers or third parties. 5.9. The Provider may take published passports or documents offline, in whole or in part: (a) if the registration was false or made in the name of another operator; (b) if they are unlawful or infringe the rights of others (4.6, section 10); (c) on an order of a court or competent authority, or where the law or restrictive measures require it. Non-payment is not a ground for taking passports offline; 7.9 applies. 5.10. When a measure under 5.7 to 5.9 takes effect, the Provider informs the account owners of the measure and its ground, unless the law or an authority prohibits it. The Customer may contest the measure through Support. The Provider ends the measure when its ground ends. The Provider is not liable for a measure taken in good faith under 5.7 to 5.9. 5.11. Either party may end the contract by written notice if the other party commits a material breach of it and does not remedy the breach within 30 days of a written request that describes the breach. 5.12. The Provider may end the contract at once by written notice if: (a) the Customer's registration data was materially false; (b) the Customer uses the Service for fraud or makes passports in the name of another operator without its authorisation; (c) a confirmation under 2.11 is untrue or restrictive measures prohibit providing the Service to the Customer; (d) an invoice is overdue for more than 60 days; (e) the Customer is declared insolvent, enters liquidation or stops payments. 5.13. After any end of the contract the Customer may export its data for 30 days, unless restrictive measures or an order of an authority prohibit it. Section 5.2 continues to apply to its published passports, with the hosting fee under 7.8 for passports above the Free plan. After that period the Provider deletes drafts, unpublished data and documents not linked to a published passport, and closes the user accounts. If the Customer has ceased to exist or ceased its activity in the Union, the Provider keeps its published passports available under 5.2 (Article 78(e) of the Regulation) and claims the fees under 7.8 from the Customer, its successor or its estate. If the contract ended under 5.12(d) and amounts are still unpaid twelve months after its end, the Provider may end its obligation under 5.2 for that Customer's passports by handing their data over under 5.4 to the Customer or to a depositary in the European Union, after written notice of at least 60 days to the account owners; the permanent addresses then redirect under 6.3 to an address the Customer names. This does not apply while the Customer has ceased to exist or ceased its activity in the Union. 5.14. The Provider may end the account of a Customer on the Free plan, or of a Customer without any sign-in or published change for 24 months, with three months' notice, during which the Customer may export all its data; section 5.2 applies to its published passports. 5.15. Sections 3.4, 4, 5.2, 5.5, 5.13, 6, 9, 10, 13, 14 and 16, and amounts already due under section 7, survive the end of the contract.
6. Switching and export (Regulation (EU) 2023/2854)
6.1. The Customer may download its data listed in the "Switching and data portability information" at any time in a structured, machine-readable format and request a switch to another provider or to its own systems with up to 2 months' notice and a transition period of up to 30 days. The switching procedure, the retrieval period and the erasure described there form part of this contract. 6.2. The Provider charges no switching or data egress fees. The prices of the plan apply until the contract ends, including during the transition period. Fees already paid are not refunded (7.4). 6.3. After a switch or a hand-over under 5.2(b), the Provider redirects (HTTP 308) the permanent addresses of the Customer's published passports and QR pages to the addresses the new provider or the Customer names, free of charge, for the period in 5.2(c). The redirects do not count towards any plan. The Provider is not responsible for the content at the target address.
7. Prices and payment
7.1. Prices follow the published plans. When a limit is exceeded, the creation of new passports, the first publication of drafts and the confirmation of an imported batch whose payer's plan has no room for its passports (3.3) stop; published passports are not affected by an exceeded limit. Late payment has the consequences in 7.9. 7.2. Paid plans are billed in advance, monthly or yearly at the Customer's choice. The yearly price equals ten monthly prices. Each invoice is due seven days after it is issued. A paid plan, and a move to a higher plan or to yearly billing, takes effect only on the day the Provider receives the payment of its first invoice; until then the plan in force before it continues (for a new Customer, the Free plan, 7.6). Billed monthly, the Business plan unlocks its passports by twelfths: one twelfth in the current month and another for each earlier paid month; billed yearly, it unlocks them all once the yearly invoice is paid. 7.3. There is no setup fee. Data onboarding by the Provider is an optional service, agreed and priced separately (3.11). 7.4. Fees paid are not refunded, including when the Customer ends a subscription or the contract early, changes to a lower plan or switches to another provider under section 6, except where these terms expressly provide a refund (5.3, 5.4) or mandatory law requires it. 7.5. Paid plans allow creation up to 10 % above a limit of the plan; the Provider informs the Customer by e-mail at 80 % and 100 % of a limit. 7.6. A new Customer starts on the Free plan, without a time limit. When a subscription ends without a new one, the account continues on the Free plan: published passports and generated documents stay available, and new ones can be created within the limits of the Free plan. Passports above those limits are subject to the hosting fee under 7.8. A draft counts towards the limits when it is first published: drafts above the limits of the plan in force are published only with a plan that covers them. An imported batch counts in full towards the plan of its payer (3.3) when the importer confirms it – a batch that does not fit is not confirmed – and is not counted again when its passports are published; it stays counted after the link between the manufacturer and the importer ends. The allowances of a manufacturer established outside the Union under 3.3 are an exception to the limits of the Free plan. QR pages above the limits stay public; their data, new versions and documents change only within the limits. 7.7. AI pages: each plan includes a number of pages per month that the AI may read (stated on the pricing page). Beyond them the Customer may use prepaid AI credit, charged per document by the pages the AI reads at the rates shown in the platform. AI credit is invoiced in advance, does not expire while the account exists and is not refunded. 7.8. Passport hosting fee: when the Customer keeps more passports than the plan in force includes (with the allowance under 7.5 on paid plans) – for example after a subscription ends and the Free plan applies, or after the contract ends (5.13) – the Provider charges EUR 0.02 per passport above the plan per month, at least EUR 79 per month. The number is counted on the first day of each month and invoiced in advance for that month. The fee stops from the month after the Customer chooses a plan that covers its passports or its passports are handed over (5.2(b)). 7.9. Late payment: if an invoice is not paid by its due date, the Service continues for 14 days and the Provider informs the account owners. After that, until the invoice is paid, the Free plan applies: the creation of passports and models, the first publication of drafts, the confirmation of imported batches paid by the Customer, the compliance assistants and the AI stop beyond the Free plan (the allowances under 3.3 continue). The Provider warns the account owners in writing 30 and 45 days after the due date. If the invoice is still unpaid 60 days after its due date, the Provider may restrict the account (5.8) until all amounts due are paid: the panel becomes read-only, no new passports, passport versions or registrations can be made, and the API, the OAuth clients and the supplier portal stop. The public level of the Customer's published passports and QR pages, including those of batches it pays for (3.4), stays available; the persons with legitimate interest and the authorities keep their access (4.2), the recycling of batteries can still be recorded, and the Customer may still export its data (section 6). The hosting fee under 7.8 applies to passports above the Free plan. The Provider ends the restriction within two working days after receiving the full payment, and may end the contract under 5.12(d). The Provider may claim statutory interest, a fixed compensation of EUR 40 for recovery costs and any further reasonable recovery costs, including the fees of lawyers and collection agencies (Article 309a of the Bulgarian Commerce Act, Directive 2011/7/EU). 7.10. Fair use of the API and dynamic data: quotas per plan apply to readings of dynamic data per month and to write requests per day, as shown in the platform; a passport receives at most one version per day from the Customer's systems (API keys, OAuth clients) – a later change of the same day is published when the day is over – and a new version only when its content changes. Telemetry beyond the quota is a paid add-on by offer. Reading passports through the API is not limited by these quotas. 7.11. The Enterprise plan is provided under an order form stating a minimum yearly fee, the included volume (passports, AI pages, readings) and the price above it. 7.12. A paid subscription renews automatically for further periods of the same length until it is ended. An account owner may end it at any time in the platform or by e-mail; the subscription then runs to the end of the period already invoiced, and the account moves to the Free plan (7.6). Ending a subscription does not end the contract. 7.13. A change of plan or billing period asked for by an account owner applies as follows. A move to a higher plan or to yearly billing is invoiced at once – for the current period, the difference between the two prices of the same billing period; for a move from monthly to yearly billing, the yearly price, without credit for the month already paid (7.4) – and takes effect on the day the Provider receives the payment (7.2). A move to a lower plan applies from the next billing period and gives no refund (7.4). 7.14. The Provider may change the prices, limits and features of the plans, including the Free plan, the hosting fee and the AI rates. It informs the account owners by e-mail at least 30 days before a change applies. A change applies from the first billing period that starts on or after that date; a yearly subscription keeps its price until its renewal. If the Customer does not accept the change, it may end its subscription or the contract before the change applies; otherwise the change applies. 7.15. Invoices are issued and paid in euro, without any deduction or set-off. The Customer may set off or withhold a payment only for a claim that the Provider has accepted in writing or a court has confirmed. If the law of the Customer's country requires it to withhold a tax from a payment, the Customer increases the payment so that the Provider receives the full invoiced amount. The Customer bears the charges of its own bank and of intermediary banks. 7.16. The Customer raises any objection to an invoice in writing within 14 days after it is issued; afterwards the invoice is deemed accepted. An objection does not suspend payment of the undisputed part.
8. Availability and support
8.1. The Provider aims for an availability of public passports of 99.5 % per month, excluding planned maintenance, urgent security fixes and the events under 9.3. This is a target, not a guaranteed service level: no service credits, compensation or other remedies apply if it is not met. 8.2. The Provider announces planned maintenance that affects public passports in advance where possible, on the status page or by e-mail. 8.3. Support is given in English through tickets in the platform on working days in Bulgaria. Response times are targets, not service levels. Support helps with the use of the platform and does not give legal advice; its answers do not change these terms. 8.4. The Provider informs the account owners without undue delay of a security incident that leads to unauthorised access to the Customer's data, to its loss or alteration, or to the compromise of a key used to sign its passports or documents. Personal data breaches are governed by the "Data processing agreement".
9. Limitation of liability
9.1. The Provider's total liability under the contract and in connection with it, for all claims together, is limited to the amounts the Customer paid for the Service in the twelve months before the event giving rise to it, and to EUR 100 for a Customer on the Free plan. These limits do not apply to intent or gross negligence. 9.2. The compliance assistants and the AI suggest content; the Customer checks the result before printing, signing or publishing it. If a generated document or label is wrong because of an error of the platform, the Provider's only obligation is to correct it free of charge. 9.3. Neither party is liable for a failure caused by force majeure or by events beyond its reasonable control, including outages of hosting, DNS, network or other providers, cyber attacks that the Provider could not reasonably prevent, failures of the EU registry or other public systems, and acts of public authority. If such an event prevents the Service for more than 60 days, either party may end the contract by written notice; section 5.2 continues to apply. 9.4. The Provider is not liable for lost profits, lost revenue or business, loss of goodwill, indirect or consequential damage, fines or penalties imposed on the Customer, the cost of relabelling, recalling, withdrawing or storing products, delays in placing products on the market, or claims of the Customer's customers or other third parties. These exclusions do not apply to intent or gross negligence. 9.5. For loss or corruption of data the Provider's only obligation is to restore the data from its latest backup at its own cost. The Customer keeps its own copies of its source data and uses the export under section 6. 9.6. The Customer compensates the Provider for all damage, costs and amounts, including reasonable lawyers' fees, that arise from claims of third parties or authorities against the Provider over data, documents, identifiers, marks or statements that the Customer or its users provided or published through the Service, over a breach of 2.10, 2.11, 3.14 or 3.15, or over the Customer's batteries. This does not apply to the extent the claim results from intent or gross negligence of the Provider. 9.7. If a third party claims that the platform infringes its intellectual property rights, the Provider may, at its choice and as the Customer's sole remedy, obtain a licence, change the platform, or end the affected function and refund the part of the prepaid fees that relates to it for the remaining period. 9.8. The party that receives a claim covered by 9.6 or 9.7 informs the other party without undue delay. The Customer does not admit or settle a claim against the Provider without the Provider's written consent.
10. Authorities and illegal content
10.1. The Provider cooperates with market surveillance authorities, notified bodies, customs and the Commission within their powers and informs the Customer unless prohibited. 10.2. The Provider discloses the Customer's data to an authority only on a request that is lawful and binding on the Provider, or with the Customer's consent, and informs the Customer before disclosure unless the law or the authority forbids it. The Provider does not give an authority of a third country access to the Customer's data held in the Union unless Union law allows it (Article 32 of Regulation (EU) 2023/2854; Article 48 of Regulation (EU) 2016/679). 10.3. The Provider stores and publishes information provided by the Customer as a hosting service under Regulation (EU) 2022/2065 (Digital Services Act). It does not monitor that information in general. Anyone may notify the Provider through the address in the legal information on the website of specific information on the Service that they consider illegal; the notice states the address of the information, the reasons and the name and e-mail of the notifier. 10.4. The Provider decides on notices diligently and may act under 4.6 and 5.9. It informs the Customer concerned and gives it a period to answer, unless the information is manifestly illegal, there is a risk to health or safety or an authority orders otherwise. A notice that only disputes the accuracy of data is forwarded to the Customer (3.1). Where it restricts information, the Provider gives the Customer a statement of reasons and informs the notifier of its decision; both may ask for a review through Support within six months. 10.5. The Provider gives effect to orders of judicial or administrative authorities and informs the Customer of the order, unless the authority requires otherwise.
11. Personal data
11.1. Personal data processed on behalf of the Customer is governed by the "Data processing agreement". 11.2. The Customer is the controller of the contact data of its suppliers in supplier requests (3.12) and of personal data it enters in passports and documents (3.15), and informs the persons concerned.
12. Changes
12.1. The Provider may publish a new version of these terms, the Data processing agreement or the Switching and data portability information. It informs the account owners by e-mail and in the platform at least 30 days before the new version takes effect. 12.2. A new version applies to the Customer from its effective date unless the Customer objects in writing before that date. The account owners may also accept it in the platform earlier. A new version never applies to events before its effective date. 12.3. If the Customer objects, the previous version continues to apply until the contract ends; the Provider may end the contract by written notice of 30 days, and the Customer may end it under 5.3. Section 5.2 applies to the published passports. 12.4. A change required by law, by an authority or for the security of the Service, and a change that only benefits the Customer, may take effect with shorter notice or at once. 12.5. Terms agreed individually in an order form (7.11) change only by agreement of both parties. 12.6. The Provider develops the Service and may change, replace or remove its functions and the third-party components it uses. A change does not remove the public level of published passports, access under 4.2 or the export under section 6. Changes to prices and plans follow 7.14. The Provider announces the end of an API version at least six months in advance, unless the law, the passport standards, the EU registry or security require a shorter period.
13. Governing law and disputes
13.1. Bulgarian law applies. Disputes are settled by the competent court in Sofia. 13.2. Customers established outside the Union accept the same governing law and jurisdiction. Prices exclude VAT; services to a business established outside the Union are invoiced without Bulgarian VAT, and to a business in another Member State with a valid VAT number under the reverse charge. The Customer gives its VAT number before the first invoice; without a valid number the Provider invoices the VAT that applies.
14. Confidentiality
14.1. Each party keeps confidential the non-public information it receives from the other. The Customer's confidential information is its data in the platform that is not published at the public level of a passport, and the terms of its order form. The Provider's confidential information is the non-public parts of the platform, its security and technical documentation, and the terms of an order form. 14.2. Each party uses the other's confidential information only for the contract and discloses it only to its staff, advisers, auditors, subcontractors and successors who need it for the contract and are bound by duties of confidentiality. 14.3. This section does not cover information that is or becomes public without a breach of this section, that the receiving party already had lawfully, develops independently or receives lawfully from a third party, or that is published at the public level of a passport. It does not prevent access and registration under the Regulation, section 4.2, section 10, the hand-over under 5.2, 5.4 and section 6, or disclosure required by law, a court or an authority. 14.4. The duty applies during the contract and for three years after it ends; a trade secret stays protected for as long as it remains one.
15. Transfer and subcontracting
15.1. The Provider may transfer this contract, with all its rights and obligations, to a company of its group, to the acquirer of its business or of the Service, or to a provider that takes over the Service. The Customer consents in advance to such a transfer. The Provider informs the Customer of the transfer. The Customer's authorisations under Article 77(4) of the Regulation, including those under 3.3, then apply to the new provider. 15.2. The Customer may transfer this contract only with the Provider's prior written consent. Fees invoiced before the transfer remain payable by the Customer. 15.3. The Provider may use subcontractors. Sub-processors of personal data are governed by the Data processing agreement.
16. General provisions
16.1. Notices are given in English. The Provider gives them by e-mail to the account owners or in the platform. The Customer gives them through an account owner, in the platform, by support ticket or by e-mail to the address in the legal information on the website. A notice in the platform or by e-mail meets the written form. 16.2. If a clause is invalid, the rest of the contract stays in force. The invalid clause is replaced by the valid clause closest to its purpose; where this is not possible, by the rule of law that applies. 16.3. The contract documents (1.3) are the whole agreement between the parties on the Service and replace all earlier statements, offers and correspondence. 16.4. A failure or delay of the Provider to exercise a right is not a waiver of it. 16.5. The contract is concluded in English. Any translation is for information only; the English text prevails. 16.6. All versions of the contract documents stay published on the website with their dates.