TracePath Terms and Conditions of Service
1. NATURE OF THE SERVICE
Software-as-a-Service (SaaS): TracePath provides a cloud-based platform for structuring, generating, and hosting Digital Product Passports (DPPs) in alignment with EU Regulation 2024/1781 (ESPR).
Technical Provider Only: TracePath is a technical infrastructure provider. TracePath is NOT a DPP Service Provider as defined in Article 11 of Regulation (EU) 2024/1781.
No Advisory: TracePath does not provide legal or regulatory advice. Users must independently verify compliance with all applicable laws.
Declaration Recording Only: TracePath records what Users declare. We do not verify or audit the physical or chemical accuracy of submitted data. The Platform is a declaration infrastructure, not a verification service.
2. USER RESPONSIBILITIES
Data Accuracy: The User is solely responsible for the accuracy and legality of all submitted data, including material compositions and supply chain information.
Publish Confirmation: By clicking "Publish," the User confirms the data conforms to all applicable regulations (ESPR, EU Battery Regulation, etc.).
Physical QR Codes: TracePath is not liable for QR codes that fail to scan due to poor printing quality, incorrect sizing, or material interference.
3. SUBSCRIPTION AND THE 10-YEAR OBLIGATION
Hosting Model: Access to the Platform and public QR visibility are conditional upon a valid, active subscription.
Statutory Responsibility: The EU legal obligation to keep DPP data accessible for 10 years rests exclusively with the User (Economic Operator). TracePath provides the technical hosting to fulfill this, provided the User maintains a paid account.
Archival Tier: Upon cancellation of an active subscription, TracePath may offer a reduced-fee "Archival Tier" to keep existing QR codes active for the remainder of the 10-year period. If declined, QR codes will be deactivated within 30 days.
Payment Default: If payment is 14 days overdue, TracePath reserves the right to suspend public QR visibility.
4. DATA EXPORT AND PORTABILITY
Export Rights: During an active subscription, Users may export their data in JSON formats at any time.
Grace Period: Upon account termination, TracePath provides a 30-day grace period for final data export.
Permanent Deletion: After the 30-day grace period, TracePath reserves the right to permanently delete all data to comply with GDPR principles. It is the User's responsibility to backup data for long-term records.
5. SECURITY AND AUDIT TRAIL
Audit Recording: To ensure legal defensibility, TracePath records the IP address, precise timestamp, and Terms version accepted during registration and each publication.
Security Standards: We implement industry-standard encryption (AES-256) and EU-based data hosting.
Availability: We target 99.5% uptime but are not liable for outages caused by third-party infrastructure (e.g., AWS/Google Cloud).
6. DATA PROTECTION (GDPR)
Roles: TracePath acts as a Data Processor; the User acts as the Data Controller.
Retention: Audit logs of T&C acceptance are retained for 10 years to match ESPR traceability requirements.
7. LANGUAGE AND OFFICIAL VERSION
Official Language: The English version of these Terms and Conditions is the official and legally binding version.
Translations: Any translations provided on this platform are for convenience only and have no legal effect. In case of any conflict or discrepancy, the English version shall prevail.
8. LIMITATION OF LIABILITY
General Cap: TracePath's total liability is limited to the fees paid by the User in the six (6) months preceding the claim.
Exclusions: We are not liable for regulatory fines, loss of profits, or damages arising from inaccurate user-submitted data.
9. GOVERNING LAW
This Agreement is governed by the laws of the Federal Republic of Germany. Disputes shall be resolved in the competent courts at TracePath's registered place of business.
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ACCEPTANCE
By accepting these Terms and Conditions, you confirm that you have read and understood this Agreement in its entirety. You acknowledge that you are the authorized Economic Operator responsible for all submitted data, that TracePath records your IP address and precise timestamp for audit integrity purposes (GDPR Art. 6(1)(f)), and that you bear sole responsibility for the 10-year data accessibility obligation under EU Regulation 2024/1781 (ESPR).
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