Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Traceable Digital ("Traceable", "we", "us", or "our"), the operator of the traceable.digital platform ("Platform"). By accessing or using the Platform, creating an account, or clicking "I Agree" or any similar affirmative action during registration, you ("Customer", "you", or "your") agree to be bound by these Terms in their entirety.

If you are entering into these Terms on behalf of a company, organisation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "Customer" and "you" refer to that entity.

If you do not agree to these Terms, you must not access or use the Platform. Your continued use of the Platform after any modification to these Terms constitutes acceptance of the modified Terms.

These Terms are effective as of the date you first access or use the Platform, or the date you accept these Terms, whichever is earlier ("Effective Date").

2. Definitions

The following definitions apply throughout these Terms:

• Account means the Customer's registered account on the Platform at app.traceable.digital, including all associated User accounts, settings, and configurations.
• Acceptable Use Policy (AUP) means the policy governing permitted and prohibited uses of the Platform, available at traceable.digital/legal/acceptable-use-policy/.
• AI Document Intelligence means the Platform's artificial intelligence functionality that extracts structured data from uploaded documents (including PDFs, certificates, test reports, and similar files) for the purpose of populating Digital Product Passport fields.
• Compliance Score means the automated assessment generated by the Platform that indicates the degree to which a Digital Product Passport meets the data requirements of applicable EU regulations, expressed as a percentage or rating.
• Customer Data means all data, content, documents, and information uploaded, entered, transmitted, or otherwise provided by the Customer or its Users to the Platform, including Product Data, uploaded documents, and account information.
• Data Processing Agreement (DPA) means the agreement governing the processing of personal data, available at traceable.digital/legal/data-processing-agreement/.
• Digital Product Passport (DPP) means a structured, machine-readable dataset associated with a specific product or product model, containing information required by applicable EU regulations, including but not limited to EU Battery Regulation 2023/1542 and ESPR Regulation 2024/1781.
• Effective Date means the date on which the Customer first accesses or uses the Platform, or accepts these Terms, whichever is earlier.
• Free Tier means the subscription plan offered at no charge, subject to the limitations described in Section 6.
• Platform means the Traceable Digital web application accessible at app.traceable.digital, including all features, tools, APIs, portals, and related services provided by Traceable.
• Product Data means the specific product-related information entered into a Digital Product Passport, including manufacturer details, technical specifications, material composition, compliance declarations, supply chain information, and all other data fields within the DPP.
• Service means the Platform and all associated services provided by Traceable under these Terms, including DPP creation, AI Document Intelligence, Compliance Scoring, Supplier Portal, Verifier Portal, QR code generation, API access, and data export functionality.
• Subscription Plan means the pricing tier selected by the Customer (Free, Starter, Growth, or Scale), each with defined feature sets, usage limits, and pricing as described in Section 5.
• Supplier Portal means the Platform functionality that enables the Customer to invite supply chain partners to contribute data directly to the Customer's Digital Product Passports.
• User means any individual authorised by the Customer to access and use the Platform under the Customer's Account, including employees, contractors, and agents.
• Verifier Portal means the Platform functionality that allows authorised third parties (including market surveillance authorities, auditors, and business partners) to verify the data contained in a published Digital Product Passport.

3. Account Registration and Security

3.1 Registration

To use the Platform, you must create an Account by providing accurate, current, and complete registration information, including your legal entity name, business address, contact email address, and any other information required during the registration process. You agree to update this information promptly if it changes.

3.2 Account Security

You are responsible for maintaining the confidentiality of your Account credentials, including passwords and any API keys issued to your Account. You are responsible for all activities that occur under your Account, whether or not you have authorised them. You must notify Traceable immediately at legal@traceable.digital if you become aware of any unauthorised access to or use of your Account.

3.3 User Management

The Customer is responsible for managing User access to the Account, including adding and removing Users, assigning roles and permissions, and ensuring that each User complies with these Terms. The number of Users permitted under each Subscription Plan is specified in Section 5. Each User must have a unique login and credentials must not be shared between individuals.

3.4 Minimum Age

The Platform is intended for business use. You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to create an Account and use the Platform.

4. Service Description and Scope

4.1 Core Service

Traceable provides a cloud-based Software-as-a-Service platform for creating, managing, and publishing EU Digital Product Passports. The Platform supports product categories including but not limited to batteries (EV, LMT, and industrial), textiles and apparel, tyres, and electronics. The Service enables Customers to:

• Create and manage Digital Product Passports using structured templates aligned with applicable EU regulations;
• Use AI Document Intelligence to extract structured data from uploaded documents;
• Generate compliance scores against EU Battery Regulation 2023/1542 and ESPR Regulation 2024/1781;
• Invite supply chain partners to contribute data via the Supplier Portal;
• Enable third-party verification of published passport data via the Verifier Portal;
• Generate QR codes with GS1 Digital Link identifiers for product labelling;
• Access the Platform programmatically via API (Growth and Scale plans);
• Export data in CSV and JSON-LD formats; and
• Deploy a white-label version of the Platform under Customer branding (Scale plans only).

4.2 Feature Availability

The specific features available to the Customer depend on the selected Subscription Plan. Feature sets are described in Section 5. Traceable may update, modify, or add features to the Platform from time to time. New product category templates are made available to all Customers at no additional cost when launched.

4.3 Infrastructure

The Platform is hosted in the European Union (Ireland). All Customer Data is stored and processed within the EU. The list of subprocessors used by Traceable is available at traceable.digital/legal/subprocessors/.

4.4 Beta Features

Traceable may from time to time offer beta or preview features. Beta features are provided "as is" without warranty or SLA coverage. Beta features may be modified or discontinued without notice. Use of beta features is at the Customer's own risk and does not create any obligation on Traceable to release a generally available version.

5. Subscription Plans, Pricing, and Billing

5.1 Subscription Plans

Traceable offers the following Subscription Plans:

• Free — $0 per month. Up to 10 DPPs per month. All core DPP modules, all live product categories, QR code generation, GS1 Digital Link, compliance scoring, JSON-LD and CSV export, email support. 1 User.
• Starter — $500 per month. Up to 250 DPPs per month. Everything in Free, plus AI validator, 25 AI document extractions per month, email support. 3 Users.
• Growth — $1,500 per month. Up to 1,000 DPPs per month. Everything in Starter, plus all AI functionality, unlimited AI extractions, Supplier Portal, Verifier Portal, supply chain traceability, API access, priority support, 99.5% uptime SLA. 10 Users.
• Scale — Custom pricing. Unlimited DPPs. Everything in Growth, plus unlimited Users, full API access, white-label platform, custom integrations, dedicated account manager, SSO/SAML, 99.9% uptime SLA, dedicated support.

5.2 Pricing and Fees

All prices are stated in US Dollars (USD) and are exclusive of applicable taxes, including Value Added Tax (VAT). VAT will be calculated and applied at checkout based on the Customer's country of registration and VAT status. Traceable reserves the right to modify pricing upon 30 days' written notice. Price changes take effect at the start of the next billing period following the notice period.

5.3 Billing Cycle

Paid Subscription Plans are billed monthly or annually, depending on the billing cycle selected by the Customer at the time of subscription. Monthly subscriptions are billed on the same calendar date each month. Annual subscriptions are billed on the anniversary of the subscription start date. All fees are non-refundable except as expressly stated in these Terms.

5.4 Annual Billing Discount

Customers who select annual billing receive a 20% discount on all paid Subscription Plans. Annual subscriptions are billed as a single payment for the full 12-month period in advance. Early termination of an annual subscription does not entitle the Customer to a pro-rata refund unless otherwise required by applicable law.

5.5 Payment Methods

Payment is processed via Stripe. Accepted payment methods include credit card (Visa, Mastercard, American Express) and SEPA direct debit for EU-based Customers. Invoice payment is available for annual enterprise plans on the Scale tier. The Customer authorises Traceable to charge the selected payment method for all fees due under the selected Subscription Plan.

5.6 Failed Payments

If a payment fails, Traceable will notify the Customer and reattempt the charge. If payment is not received within 14 days of the original due date, Traceable may suspend access to the Account until the outstanding balance is paid. Continued non-payment beyond 30 days may result in termination of the Account in accordance with Section 18.

5.7 Plan Changes

Customers may upgrade or downgrade their Subscription Plan at any time. Upgrades take effect immediately and are billed on a pro-rata basis for the remainder of the current billing period. Downgrades take effect at the start of the next billing period. No data or published passports are lost when changing plans, although access to certain features may be restricted on a lower-tier plan.

6. Free Tier Limitations

The Free Tier is provided subject to the following limitations:

• Maximum of 10 Digital Product Passports created per calendar month;
• 1 User per Account;
• No access to AI Document Intelligence or AI validator features;
• No access to the Supplier Portal or Verifier Portal;
• No API access;
• No service level agreement (SLA) or uptime commitment;
• Email support only, without priority or guaranteed response times.

The Free Tier is intended for evaluation, small-volume production, and initial compliance setup. Traceable reserves the right to modify Free Tier limitations, including reducing usage limits or discontinuing the Free Tier, upon 30 days' written notice. Free Tier Accounts that remain inactive (no login or API activity) for 12 consecutive months may be marked for deletion, with 30 days' notice provided to the registered email address before any data is removed.

7. Customer Data and Ownership

7.1 Customer Ownership

The Customer retains all right, title, and interest in and to all Customer Data, including all Product Data entered into Digital Product Passports. Traceable does not claim any intellectual property rights over Customer Data. Nothing in these Terms transfers ownership of Customer Data to Traceable.

7.2 Customer Responsibilities

The Customer is solely responsible for the accuracy, completeness, legality, and quality of all Customer Data. The Customer warrants that it has all necessary rights, licences, and consents to provide Customer Data to the Platform and to grant the licences set out in Section 8. Traceable is not responsible for verifying the accuracy or completeness of Customer Data.

7.3 Data Portability

The Customer may export all Customer Data at any time using the Platform's export functionality. Data export is available in JSON-LD and CSV formats on all Subscription Plans. Upon termination, the data export provisions described in Section 18 apply.

7.4 Published Passport Data

When the Customer publishes a Digital Product Passport, the Customer acknowledges that the published passport data will be made accessible to third parties via QR code, Verifier Portal, or other access mechanisms as required by applicable EU regulations. The Customer is solely responsible for determining which data is included in a published passport and for ensuring that publication complies with applicable laws.

8. Licence Grant

8.1 Licence to Customer

Subject to the Customer's compliance with these Terms and payment of all applicable fees, Traceable grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform during the Subscription Term solely for the Customer's internal business purposes of creating, managing, and publishing Digital Product Passports.

8.2 Licence to Traceable

The Customer grants Traceable a limited, non-exclusive, worldwide, royalty-free licence to use, process, store, transmit, and display Customer Data solely to the extent necessary to provide, maintain, and improve the Service. This licence includes the right to process documents through AI Document Intelligence for the purpose of data extraction, generate compliance scores, render published passports for third-party access, and create anonymised, aggregated statistics for service improvement.

8.3 No Other Rights

Except for the licences expressly granted in this Section, neither party grants the other any rights, implied or otherwise, to the other's content, intellectual property, or technology. All rights not expressly granted are reserved.

9. AI Document Intelligence

9.1 Functionality

The AI Document Intelligence feature uses artificial intelligence (powered by Anthropic Claude) to extract structured data from documents uploaded by the Customer, including but not limited to test reports, certificates of conformity, material declarations, and safety data sheets. Extracted data is used solely to populate DPP fields for the Customer's review and approval.

9.2 No Training on Customer Data

Documents uploaded for AI extraction and the resulting extracted data are processed for the sole purpose of data extraction and DPP field population. Customer documents and extracted data are not used to train, fine-tune, or improve any artificial intelligence or machine learning models. Documents are processed in real time and are not retained beyond the extraction session except as stored within the Customer's Account as part of the DPP record.

9.3 Accuracy Disclaimer

AI-extracted data is provided as a starting point and requires human review. While Traceable employs commercially reasonable efforts to maximise extraction accuracy, the AI may misinterpret, omit, or incorrectly extract data from documents. The Customer is solely responsible for reviewing, verifying, and approving all AI-extracted data before including it in a Digital Product Passport. Traceable does not warrant the accuracy, completeness, or correctness of AI-extracted data.

9.4 Permitted Documents

The Customer warrants that all documents uploaded for AI extraction are owned by or licensed to the Customer, and that the upload and processing of such documents does not violate any third-party intellectual property rights, confidentiality obligations, or applicable laws.

10. Compliance Scoring Disclaimer

10.1 Informational Purpose

Compliance scores generated by the Platform are informational assessments only. They indicate the degree to which a Digital Product Passport's data fields align with the data requirements specified in applicable EU regulations, including EU Battery Regulation 2023/1542 and ESPR Regulation 2024/1781. Compliance scores do not constitute legal advice, regulatory certification, or a guarantee of regulatory compliance.

10.2 No Legal Advice

Traceable is not a law firm and does not provide legal advice. The compliance scoring feature is a software tool that automates the comparison of data fields against published regulatory requirements. It does not account for jurisdiction-specific enforcement practices, pending regulatory amendments, or product-specific exemptions that may apply to the Customer's situation. The Customer should consult qualified legal counsel for legal advice regarding regulatory compliance.

10.3 Customer Responsibility

The Customer is solely responsible for ensuring actual regulatory compliance. A compliance score of 100% on the Platform does not guarantee that the Customer's products or passports comply with all applicable regulations. The Customer must independently verify compliance requirements and is responsible for all regulatory filings, declarations, and submissions required by applicable law.

10.4 Regulatory Updates

Traceable makes commercially reasonable efforts to update compliance scoring criteria when EU regulations are amended or new delegated acts are adopted. However, there may be a delay between the publication of regulatory changes and the update of scoring criteria on the Platform. Traceable does not warrant that scoring criteria are current at all times.

11. Acceptable Use

The Customer's and its Users' use of the Platform is governed by the Acceptable Use Policy, available at traceable.digital/legal/acceptable-use-policy/. The Acceptable Use Policy is incorporated into these Terms by reference.

Without limiting the Acceptable Use Policy, the Customer agrees not to:

• Use the Platform for any purpose other than creating and managing Digital Product Passports;
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Platform;
• Use the Platform to store or transmit malware, viruses, or other harmful code;
• Interfere with or disrupt the integrity or performance of the Platform or its infrastructure;
• Attempt to gain unauthorised access to other Customers' Accounts, data, or systems;
• Use the Platform to create fraudulent, misleading, or intentionally inaccurate Digital Product Passports;
• Exceed the usage limits of the Customer's Subscription Plan through automation, scripting, or other means;
• Resell, sublicense, or distribute access to the Platform to third parties, except as permitted under the white-label feature on Scale plans.

Violation of the Acceptable Use Policy may result in immediate suspension or termination of the Customer's Account without prior notice.

12. Intellectual Property

12.1 Traceable Platform IP

The Platform, including all software, code, algorithms, user interface designs, DPP templates, compliance scoring methodologies, documentation, and related technology, is the exclusive property of Traceable and is protected by applicable intellectual property laws. These Terms do not grant the Customer any ownership rights in the Platform or its underlying technology.

12.2 Customer Data IP

As stated in Section 7, the Customer retains all intellectual property rights in Customer Data. Traceable acquires no intellectual property rights in Customer Data except the limited licence granted in Section 8.2.

12.3 Feedback

If the Customer provides suggestions, ideas, feedback, or recommendations regarding the Platform ("Feedback"), the Customer grants Traceable a perpetual, irrevocable, worldwide, royalty-free licence to use, modify, and incorporate such Feedback into the Platform without obligation to the Customer. Feedback does not include Customer Data.

12.4 Trademarks

The Traceable name, logo, and all related product and service names, designs, and slogans are trademarks of Traceable. The Customer may not use such marks without Traceable's prior written consent. The Customer grants Traceable the right to list the Customer as a user of the Platform in marketing materials, subject to the Customer's right to revoke this permission at any time by written notice.

13. Confidentiality

13.1 Confidential Information

"Confidential Information" means any information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is designated as confidential or that, given the nature of the information or the circumstances of disclosure, a reasonable person would understand to be confidential. Confidential Information includes, without limitation: Customer Data, Product Data, trade secrets, business plans, pricing information, technical specifications, API keys, security credentials, and any information marked as "confidential" or "proprietary".

13.2 Obligations

The Receiving Party agrees to: (a) use Confidential Information only for the purposes contemplated by these Terms; (b) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care; and (c) not disclose Confidential Information to any third party except as expressly permitted by these Terms or with the Disclosing Party's prior written consent.

13.3 Exceptions

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was known to the Receiving Party prior to disclosure, without restriction; (c) is independently developed by the Receiving Party without use of or reference to the Confidential Information; or (d) is rightfully obtained from a third party without restriction on disclosure.

13.4 Compelled Disclosure

The Receiving Party may disclose Confidential Information if required by law, regulation, or court order, provided that the Receiving Party: (a) gives the Disclosing Party prompt written notice of the requirement (to the extent legally permitted); (b) cooperates with the Disclosing Party's reasonable efforts to limit or contest the disclosure; and (c) discloses only the minimum amount of information required.

14. Data Protection

14.1 Data Processing Agreement

To the extent that Traceable processes personal data on behalf of the Customer in connection with the Service, the parties agree that the Data Processing Agreement ("DPA"), available at traceable.digital/legal/data-processing-agreement/, is incorporated into and forms part of these Terms. In the event of a conflict between these Terms and the DPA with respect to the processing of personal data, the DPA shall prevail.

14.2 Roles

For the purposes of the General Data Protection Regulation (EU) 2016/679 ("GDPR"), the Customer is the data controller and Traceable is the data processor with respect to personal data contained in Customer Data. Traceable processes personal data only on the Customer's documented instructions as set out in the DPA.

14.3 Privacy Policy

Traceable's processing of personal data collected directly from Users (such as account registration data and usage data) is governed by the Privacy Policy, available at traceable.digital/legal/privacy-policy/.

14.4 Subprocessors

The current list of subprocessors engaged by Traceable is available at traceable.digital/legal/subprocessors/. Traceable will notify the Customer of changes to the subprocessor list as described in the DPA.

15. Service Availability and SLA

15.1 Uptime Commitment

Traceable commits to the following uptime targets, measured as a monthly percentage of available minutes excluding Scheduled Maintenance:

• Free and Starter plans — No SLA or uptime commitment. Traceable uses commercially reasonable efforts to maintain availability.
• Growth plan — 99.5% monthly uptime.
• Scale plan — 99.9% monthly uptime.

15.2 Scheduled Maintenance

Traceable may perform scheduled maintenance during off-peak hours (Saturdays 02:00-06:00 CET). Scheduled maintenance windows are excluded from uptime calculations. Traceable will provide at least 48 hours' advance notice of scheduled maintenance via email or in-platform notification.

15.3 SLA Credits

If Traceable fails to meet the uptime commitment applicable to the Customer's Subscription Plan in any calendar month, the Customer is entitled to request a service credit as follows:

• Uptime below the committed threshold but at or above 99.0%: credit of 10% of the monthly subscription fee for that month.
• Uptime below 99.0% but at or above 95.0%: credit of 25% of the monthly subscription fee for that month.
• Uptime below 95.0%: credit of 50% of the monthly subscription fee for that month.

SLA credits are the Customer's sole and exclusive remedy for failure to meet the uptime commitment. Credits are applied to future invoices and are not redeemable for cash. The Customer must request SLA credits in writing within 30 days of the end of the affected month. Total SLA credits in any month shall not exceed 50% of the monthly subscription fee.

15.4 Exclusions

The uptime commitment does not apply to unavailability caused by: (a) factors outside Traceable's reasonable control, including force majeure events; (b) the Customer's equipment, software, or network connections; (c) the Customer's or its Users' actions or inactions; (d) third-party services or infrastructure providers not under Traceable's control; or (e) abuse or excessive load generated by the Customer in violation of these Terms.

16. Limitation of Liability

16.1 Exclusion of Indirect Damages

To the maximum extent permitted by applicable law, in no event shall either party be liable to the other party for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, arising out of or in connection with these Terms, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and regardless of whether the party was advised of the possibility of such damages.

16.2 Cap on Liability

To the maximum extent permitted by applicable law, the total aggregate liability of either party arising out of or in connection with these Terms shall not exceed the total fees paid or payable by the Customer to Traceable during the 12-month period immediately preceding the event giving rise to the claim. For Customers on the Free Tier, the aggregate liability cap is EUR 100.

16.3 Exceptions

The limitations in Sections 16.1 and 16.2 do not apply to: (a) either party's indemnification obligations under Section 17; (b) liability arising from a party's gross negligence or wilful misconduct; (c) liability arising from a breach of confidentiality obligations under Section 13; (d) the Customer's obligation to pay fees due under Section 5; or (e) liability that cannot be limited under applicable law.

16.4 Basis of the Bargain

The limitations of liability set out in this Section reflect the allocation of risk between the parties and form an essential basis of the bargain between them. The Service fees reflect this allocation of risk and the limitations of liability herein.

17. Indemnification

17.1 Customer Indemnification

The Customer agrees to indemnify, defend, and hold harmless Traceable, its officers, directors, employees, and agents from and against any and all third-party claims, actions, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) the Customer's use of the Platform in violation of these Terms; (b) Customer Data, including any claim that Customer Data infringes a third party's intellectual property rights; (c) the Customer's violation of any applicable law or regulation; or (d) the accuracy, completeness, or regulatory compliance of the Customer's Digital Product Passports.

17.2 Traceable Indemnification

Traceable agrees to indemnify, defend, and hold harmless the Customer from and against any third-party claim that the Platform infringes a third party's intellectual property rights, provided that: (a) the Customer promptly notifies Traceable in writing of the claim; (b) Traceable has sole control of the defence and settlement; and (c) the Customer provides reasonable cooperation at Traceable's expense. This indemnification does not apply if the alleged infringement arises from: (i) modification of the Platform by the Customer; (ii) combination of the Platform with non-Traceable products or services; or (iii) use of the Platform in violation of these Terms.

17.3 Remedies for Infringement

If the Platform becomes, or in Traceable's reasonable opinion is likely to become, the subject of an intellectual property infringement claim, Traceable may at its option and expense: (a) procure the right for the Customer to continue using the Platform; (b) replace or modify the Platform so that it becomes non-infringing without materially reducing functionality; or (c) if neither (a) nor (b) is commercially practicable, terminate the affected Subscription and refund any prepaid fees for the unused portion of the term.

18. Term and Termination

18.1 Term

These Terms commence on the Effective Date and continue until terminated by either party in accordance with this Section. Monthly subscriptions renew automatically each month. Annual subscriptions renew automatically for successive 12-month periods unless either party provides written notice of non-renewal at least 30 days before the end of the current term.

18.2 Termination by Customer

The Customer may terminate a monthly subscription at any time by cancelling through the Account settings in the Platform. Cancellation takes effect at the end of the current billing period. The Customer may terminate an annual subscription by providing written notice at least 30 days before the end of the current annual term. Early termination of an annual subscription does not entitle the Customer to a refund of prepaid fees unless required by applicable law.

18.3 Termination by Traceable

Traceable may terminate these Terms or suspend the Customer's Account: (a) immediately, without notice, if the Customer materially breaches these Terms, the Acceptable Use Policy, or any applicable law; (b) upon 30 days' written notice if the Customer fails to cure a material breach within the notice period; (c) immediately if the Customer becomes insolvent, enters administration, or ceases to carry on business; or (d) upon 30 days' written notice for any reason, in which case Traceable will refund any prepaid fees for the unused portion of the term.

18.4 Effect of Termination

Upon termination:

• The Customer's right to access and use the Platform ceases immediately at the end of the notice period or billing period, as applicable;
• All fees owed by the Customer for the period prior to termination become immediately due and payable;
• Sections 7 (Customer Data and Ownership), 12 (Intellectual Property), 13 (Confidentiality), 16 (Limitation of Liability), 17 (Indemnification), 20 (Governing Law), and 21 (Dispute Resolution) survive termination;
• API keys issued to the Customer's Account are revoked.

18.5 Data Export Period

Following termination, Traceable will maintain the Customer's data in a read-only state for 30 days ("Data Export Period") to allow the Customer to export all Customer Data using the Platform's export functionality. During the Data Export Period, the Customer may access the Platform solely for the purpose of exporting data. After the Data Export Period, Traceable will delete all Customer Data from its systems within 30 additional days, except to the extent retention is required by applicable law. Deletion of data from backup systems will occur within 90 days of the end of the Data Export Period.

18.6 Published Passports

Published Digital Product Passports that are required by EU regulation to remain accessible may continue to be served by the Platform for a grace period after termination to ensure regulatory compliance. The duration of this grace period will be communicated to the Customer upon termination. The Customer may request earlier removal of published passports by contacting legal@traceable.digital.

19. Changes to Terms

Traceable reserves the right to modify these Terms at any time. Material changes will be communicated to the Customer at least 30 days in advance via email to the registered Account email address and/or via a prominent notice on the Platform.

The updated Terms will specify the effective date. If the Customer does not agree with the modified Terms, the Customer may terminate the subscription before the effective date of the changes by providing written notice to legal@traceable.digital. Continued use of the Platform after the effective date of the modified Terms constitutes acceptance of the changes.

Non-material changes, such as typographical corrections, clarifications, or additions of new features, may be made without prior notice. All versions of these Terms are maintained and available upon request.

20. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

Notwithstanding the foregoing, nothing in these Terms shall be construed to limit the applicability of mandatory consumer protection laws of the Customer's country of residence, to the extent such laws apply.

21. Dispute Resolution

21.1 Good Faith Negotiation

The parties agree to attempt to resolve any dispute arising out of or in connection with these Terms through good faith negotiation. A party wishing to raise a dispute shall send a written notice of the dispute to the other party, including a description of the dispute and a proposed resolution. The parties shall use reasonable efforts to resolve the dispute within 30 days of receipt of the notice.

21.2 Mediation

If the dispute is not resolved through negotiation within 30 days, either party may submit the dispute to mediation administered by a mutually agreed mediator in Frankfurt am Main, Germany. The costs of mediation shall be shared equally between the parties, unless the mediator directs otherwise.

21.3 Jurisdiction

If mediation fails to resolve the dispute, the courts of Frankfurt am Main, Germany shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter, formation, or enforceability (including non-contractual disputes or claims).

21.4 Injunctive Relief

Nothing in this Section prevents either party from seeking injunctive or other equitable relief from any court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.

22. General Provisions

22.1 Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, Data Processing Agreement, and any Order Forms or Subscription confirmations, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral.

22.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

22.3 Assignment

The Customer may not assign or transfer these Terms, or any rights or obligations hereunder, without the prior written consent of Traceable. Traceable may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of its assets, provided that the assignee agrees to be bound by these Terms. Any attempted assignment in violation of this Section is void.

22.4 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) to the extent that such failure or delay is caused by events beyond the party's reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, government actions or sanctions, power failures, internet or telecommunications failures, cyberattacks beyond industry-standard defences, or labour disputes. The affected party shall promptly notify the other party and use reasonable efforts to mitigate the effects of the force majeure event. If a force majeure event continues for more than 90 consecutive days, either party may terminate these Terms upon written notice.

22.5 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any default is not a waiver of any subsequent default. No waiver shall be effective unless made in writing and signed by an authorised representative of the waiving party.

22.6 Notices

All notices required or permitted under these Terms shall be in writing and sent to: (a) if to the Customer, the email address associated with the Customer's Account; (b) if to Traceable, via email to legal@traceable.digital. Notices are deemed received when delivered by email with confirmed receipt, or 3 business days after being sent by registered mail.

22.7 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between the parties.

22.8 Third-Party Beneficiaries

These Terms do not confer any rights on any person or entity other than the parties and their respective successors and permitted assigns.

22.9 Export Compliance

The Customer agrees to comply with all applicable export control laws and regulations, including EU export regulations, in connection with its use of the Platform. The Customer warrants that it is not located in, and will not use the Platform from, any country or territory subject to comprehensive EU or US trade sanctions.

22.10 Language

These Terms are drafted in English. In the event of any conflict between the English version and any translated version, the English version shall prevail.