Terms of Service

1. About these terms

These terms govern the use of the DPP platform (the "Service") provided by INFODA ERP & SOFTWARE LTD, a company registered in England and Wales with company number 16743432, whose registered office is at Unit 27, 1st Floor, Stort Mill River Way, Harlow, Essex, CM20 2SN, United Kingdom, trading as DPP ("DPP", "we", "us"). The Service is for businesses. By creating an account, starting a free trial, ordering a plan or using the Service, the business you represent (the "Customer", "you") accepts these terms, and you confirm that you are authorised to accept them on its behalf.

If you have signed an order form or a separate agreement with us (for example for an Enterprise plan), that document takes priority over these terms where they differ.

2. Definitions

• "Account": your organisation on the Service, including the dealers and sub-dealers you create under it.
• "Customer Data": the information, files and content you or your users put into the Service, including product information shown on passports.
• "Passport": the public web page about a product that opens when its QR code is scanned.
• "Plan": the package you use (for example Starter, Business, Professional or Enterprise) with its features and limits.
• "Users": the people you or your dealers allow to sign in to your Account.

3. The Service

The Service lets you create and manage digital product passports: product information, materials, carbon footprint estimates, supply chain, care and certificates, QR codes and labels, dealer networks and related tools. Passports are public: anyone with the QR code or link can see the information you publish.

We continually improve the Service and may change, add or remove features. We will not remove a feature that is essential to your Plan during your paid period without giving you reasonable notice.

4. Accounts and users

• Keep your account details accurate and up to date.
• Each User must have their own sign-in. Keep passwords confidential and tell us straight away if you suspect unauthorised access.
• You are responsible for what your Users do in your Account, including Users of the dealers and sub-dealers you add.
• Your Account's administrators manage Users, dealers and the Plan.

5. Free trials

We may offer a free trial of a Plan. No payment card is needed to start one. The number of trials available at any time is limited, and we may decline or end a trial at our discretion, for example in case of misuse.

When a trial ends without a paid Plan, your Account becomes read-only: you can still sign in, see your data and export it, and your published passports and printed labels keep working, but you cannot add products, QR codes or Users until you choose a Plan.

6. Plans, fees and payment

• Prices are shown in pounds sterling and exclude VAT, which is added where applicable.
• Payments are processed by Stripe. Card details are entered on Stripe's pages and are never stored by us.
• Plans are billed in advance, monthly or yearly, and renew automatically for the same period until cancelled.
• Monthly add-ons are billed with your Plan; one-off add-ons are charged when bought.
• When you upgrade, the change applies immediately and the price difference for the current period is charged pro rata. Downgrades apply from the next renewal.
• If a payment fails we will retry it and let you know. If it remains unpaid 14 days after the due date, your Account becomes read-only (as described in section 5) until payment is made.
• We may change our prices by giving you at least 30 days' notice; the new prices apply from your next renewal after the notice period.
• Fees are not refundable, except where these terms say otherwise or the law requires.

7. Plan limits

Each Plan includes limits, such as the number of product models, unique product IDs (QR codes) per year, carbon calculations per year and Users. Limits apply to your whole Account, including your dealers and sub-dealers, except the User limit, which counts the Users of your own organisation. Yearly limits reset on each anniversary of your subscription. When a limit is reached you can buy an add-on or upgrade; we will not delete anything because a limit is reached.

8. Your data and content

You own your Customer Data. You give us a licence to host, copy, process and display it as needed to provide the Service, including publishing the passports you choose to publish.

You are responsible for the accuracy, legality and completeness of the information you publish, including product, material, origin, certification and environmental information, and for having the rights to the images and documents you upload. We do not check or certify the information you publish.

You can export your products and QR codes at any time from the panel.

9. Carbon footprint estimates

The carbon calculator gives indicative estimates based on the information you enter and on generic emission factors from public sources. An estimate is not a certified life cycle assessment and may differ from the actual footprint of a product.

If you make environmental claims to consumers, you are responsible for ensuring that they are accurate, substantiated and comply with consumer protection law, including the Competition and Markets Authority's Green Claims Code. Where you have product-specific data, you should use it instead of the estimate.

10. Passports and printed labels

Products are labelled for their whole life, so passports are kept available beyond your subscription. Published passports and the QR codes on your printed labels remain available while you have an active Plan and for at least 10 years after your Account ends, in read-only form, unless you ask us to remove them, you unpublish them, or the law requires otherwise. Where the law sets a longer period for a product group, we will follow it.

11. Acceptable use

You must not, and must not allow anyone to:

• use the Service for anything unlawful, misleading or fraudulent, including false or unsubstantiated product claims;
• upload malware or content that infringes anyone's rights;
• try to access other customers' data, test the security of the Service without our written permission, or interfere with its operation;
• copy, resell or reverse engineer the Service, or access it with automated tools other than the interfaces we provide.

We may suspend access that breaches this section, telling you why unless the law or security prevents it.

12. Data protection

For personal data contained in Customer Data (for example the names and email addresses of your Users and dealers), you are the controller and we are your processor, and the Data Processing Terms in the schedule below apply. For the personal data we collect to run our business (such as account and billing contacts), we are the controller and our Privacy Policy applies.

13. Intellectual property

We and our licensors own the Service, its software and its design. These terms do not give you any rights to them other than the right to use the Service during your subscription. If you send us suggestions, we may use them without obligation to you.

14. Confidentiality

Each party will keep the other's non-public information confidential and use it only for the purposes of these terms, except where disclosure is required by law. This does not apply to information you choose to publish on passports.

15. Availability and support

We aim to keep the Service available at all times but do not guarantee uninterrupted availability. We may carry out maintenance, which we try to schedule at quiet times. Support is provided through the panel's messages and by email; priority or dedicated support and service levels apply only where your Plan or order form includes them.

16. Liability

• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
• Neither party is liable for loss of profits, revenue, business, goodwill or anticipated savings, or for any indirect or consequential loss.
• Otherwise, each party's total liability in any 12-month period is limited to the fees paid and payable by you for the Service in that period.
• The Service is provided with reasonable skill and care; all other warranties are excluded to the extent the law allows.

17. Cancellation and termination

• You can cancel your Plan at any time in Plan & billing; it ends at the end of the period already paid.
• We may suspend or end your Account if you seriously breach these terms and, where the breach can be remedied, do not remedy it within 14 days of our notice, or if you become insolvent.
• After your Account ends you have 30 days to export your data; after that we may delete it, except the published passports kept under section 10 and records we must keep by law.

18. Changes to these terms

We may update these terms. We will give at least 30 days' notice of material changes by email or in the panel; if you do not agree, you may cancel before they take effect. The date of the latest version is shown at the top of this page.

19. General

• Neither party is responsible for delays caused by events beyond its reasonable control.
• You may not transfer your rights under these terms without our consent; we may transfer them to a successor of our business.
• Notices are given by email to the addresses on your Account and to info@infoda.co.uk.
• These terms are the entire agreement between us about the Service. Nobody else has rights under them (Contracts (Rights of Third Parties) Act 1999).
• These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

Schedule: Data Processing Terms

These terms apply where we process personal data on your behalf as your processor under the UK GDPR and the Data Protection Act 2018.

• Subject matter and duration: providing the Service, for the duration of your Account and the periods in sections 10 and 17.
• Nature and purpose: hosting, storing, displaying and transmitting Customer Data so the Service works.
• Types of personal data: names, work email addresses, roles and activity records of Users; messages; any personal data you choose to include in Customer Data.
• Data subjects: your staff and the staff of your dealers and sub-dealers, and any other individuals whose data you put into the Service.

We will:

• process the personal data only on your documented instructions (these terms and your use of the Service), unless the law requires otherwise;
• make sure people authorised to process it are bound by confidentiality;
• apply appropriate technical and organisational security measures;
• use sub-processors only under written terms giving equivalent protection, and tell you before adding or replacing one so you can object;
• help you, as reasonably needed, to respond to data subjects' requests and to meet your security, breach notification and impact assessment obligations;
• notify you without undue delay after becoming aware of a personal data breach affecting your data;
• delete or return the personal data when the Service ends, except where the law requires us to keep it;
• make available the information reasonably needed to demonstrate compliance with these terms;
• transfer personal data outside the UK only with appropriate safeguards, such as the UK International Data Transfer Agreement or Addendum.