Template – to be completed and reviewed by a lawyer before going live. Placeholders are in [square brackets].
Terms of service
§ 1 Scope
These terms apply to the use of the “DPP Creator” software by businesses within the meaning of § 14 of the German Civil Code (BGB). Consumers are excluded from using it.
§ 2 Services
We provide software for creating, managing and publishing Digital Product Passports as an online service. The scope of services results from the plan description selected on the website.
We do not provide legal advice. The profiles map the information requirements to the best of our knowledge; the customer is responsible for the completeness, accuracy and lawfulness of the information in the product passport.
§ 3 Availability and support
We strive for high availability but do not owe any particular availability. Support is provided by e-mail; we usually reply within two working days.
§ 4 Prices, payment, term
The prices at the time of the order apply, plus statutory VAT. Paid plans run monthly and renew automatically unless cancelled at the end of the billing period. Cancellation is possible at any time in the customer portal.
§ 5 Published passports after the end of the contract
After cancellation of a paid plan, published passports remain reachable on the free plan. If the customer deletes their company, all data including published passports is deleted. [Add a provision for discontinuation of the service, e.g. notice period and export]
§ 6 Obligations of the customer
The customer ensures that they are entitled to publish the content entered, do not infringe third-party rights and keep their access data secret.
§ 7 Liability
We are liable without limitation for intent and gross negligence and for injury to life, body or health. In cases of slight negligence we are only liable for breach of essential contractual obligations and limited to the typical, foreseeable damage, but at most to the fees paid in the last twelve months. [Have this reviewed by a lawyer]
§ 8 Data processing
Where we process personal data on behalf of the customer, the data processing agreement (DPA), which forms part of these terms, applies.
§ 9 Final provisions
German law applies. The place of jurisdiction is [place], as far as legally permissible.