DigiProdPass Limited — Terms and Conditions

Document reference

DPPL-TC-v2.0

Version

2.0

Effective date

03 August 2026

Next review date

02 August 2027

Document owner

Compliance Manager, DigiProdPass Limited

Status

Approved

These Terms and Conditions (“Terms”) govern your access to and use of the DigiProdPass Limited website (the “Site”) and, where applicable, our Digital Product Passport software-as-a-service (“SaaS”) platform and related services (the “Services”). They set out the rights and obligations of all users, including visitors, registered users, Customers and any other person who accesses or uses the Site or Services.
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We may update these Terms from time to time to reflect changes in our Services, legal or regulatory requirements, or business practices. For minor changes, the updated Terms take effect when published on the Site. For material changes that affect Customers, we will give reasonable prior notice (for example, by email or in-platform notice) before they take effect. It is your responsibility to review these Terms. Your continued use of the Site or Services after changes take effect constitutes acceptance of the updated Terms. Where you are a Customer and do not accept a material change, your remedy is to stop using and terminate the Services in accordance with these Terms.
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By accessing, browsing, registering with, or using our Site or Services, you confirm that you have read, understood and agree to be legally bound by these Terms, together with any additional policies or documents expressly incorporated by reference. If you are entering into these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation.
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If you do not agree to these Terms in full, you must not access or use our Site or Services.

1. About Us

The website at https://digiprodpass.com/ and the DigiProdPass platform (together, “DigiProdPass”) are operated by DigiProdPass Limited (“we”, “us”, “our”).
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Company details:

Registered in England and Wales with company number 15350416.
Registered office: First Floor, Units 8 & 9, Rutherford House, Pencroft Way, Manchester, England, M15 6JJ
Contact: contact@digiprodpass.com

2. Definitions

In these Terms:

“Applicable Data Protection Law” means the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (PECR), the Data Use and Access Act (2025) and, where applicable, the EU GDPR (Regulation 2016/679) and related laws.
“Customer” means a person or a business entity that enters into an Order Form or subscription with us.
“Customer Data” means data submitted to the Services by or on behalf of the Customer (including product, supply chain, traceability, compliance and DPP-related data).
“DPA” means the Data Processing Agreement that applies where we process Personal Data on behalf of a Customer.
“DPP” or “Digital Product Passport” means a digital record of product information generated and made available through the Services.
“Order Form” means an order document, online order, statement of work, or similar that references these Terms.
“Personal Data” has the meaning given in Applicable Data Protection Law.
“Services” means our SaaS platform and related products and services (including APIs, dashboards, templates, and integrations).
“Site” means our website and any related pages we operate (including landing pages).
“Sub-processor” means a third party engaged by us to process Personal Data on behalf of a Customer.
“User” means an individual authorised by a Customer (or by us) to access the Services.

3. Which Terms Apply (Site vs Services)

Site use: These Terms apply to your use of our Site.
Services / subscription: If you purchase or use our Services, these Terms apply together with the relevant Order Form and any additional terms we reference (for example a DPA, Acceptable Use Policy, Support Policy, or Security Policy).
Conflict: If there is a conflict, the following order of precedence applies: Order Form → DPA → these Terms → policies.

4. Your Account, Access and Security

You must keep usernames, passwords, API keys, and other credentials confidential.
You must ensure that all Users comply with these Terms and any policies referenced in your Order Form.
You must notify us promptly if you suspect unauthorised access or a security incident relating to your account.
We may suspend or restrict access where we reasonably believe it is necessary to protect the Services, your data, other customers, or to address misuse. We will give notice where it is practicable and lawful to do so.

5. Licence to Use the Services (SaaS)

Subject to payment (where applicable) and compliance with these Terms, we grant the Customer a limited, non-exclusive, non-transferable right during the subscription term to access and use the Services for the Customer’s internal business purposes.

Except as expressly permitted, you must not:

copy, modify, translate, or create derivative works of the Services;
reverse engineer, decompile, or attempt to discover source code (except to the extent permitted by law);
bypass or circumvent security or access controls;
resell, rent, or provide the Services on a service-bureau / managed-service basis unless agreed in writing.

6. Acceptable Use

You must not (and must not permit anyone else to):

use DigiProdPass in any way that breaches applicable laws or regulations;
upload or transmit malicious code (viruses, worms, trojans) or attempt denial-of-service or similar attacks;
access or probe our systems or networks without authorisation;
interfere with or disrupt the integrity or performance of the Services;
use the Services to process or store unlawful content, or content that infringes third-party rights;
send spam or unsolicited marketing messages via the Services;
use the Services in a way that misrepresents products, supply chains, certifications, or compliance status.

We may suspend or terminate access for material or repeated breaches.

7. Fees and Payment

Where the Services are provided on a paid basis, fees, billing frequency and payment terms are as set out in the applicable Order Form.
Unless stated otherwise, fees are exclusive of VAT and any other applicable taxes, which you will pay in addition.
We may suspend the Services for undisputed overdue amounts after giving you reasonable written notice.

8. Data Protection, Privacy and International Transfers

Where we process Personal Data on behalf of a Customer, each party will comply with Applicable Data Protection Law. Our processing as a processor is governed by the DPA, which forms part of these Terms where the Services involve the processing of Personal Data.
In order to comply with Article 28 of UK GDPR, the DPA sets out the subject-matter, duration, nature and purpose of processing, the types of Personal Data and categories of data subjects, and the parties’ respective obligations — including security under Article 32 UK GDPR, assistance, breach notification, and the return or deletion of Personal Data on termination. The DPA is provided to Customers as part of the onboarding and contracting process and forms part of these Terms where the Services involve the processing of Personal Data. A copy of the current DPA is available on request from dpo@digiprodpass.com.
Sub-processors and international transfers: We may engage Sub-processors to help provide the Services, including Sub-processors located outside, or who access Personal Data from outside, the United Kingdom. Where Personal Data is transferred to or accessed from a country that does not have UK “adequacy” status, we will put in place an appropriate transfer mechanism under Article 46 UK GDPR (for example, the ICO International Data Transfer Agreement (IDTA) or the UK Addendum to the EU Standard Contractual Clauses), together with any supplementary measures identified by a transfer risk assessment. A current list of Sub-processors is available on request and/or as set out in the DPA, and we will give notice of changes as required by the DPA. We remain liable for the performance of the sub-processor’s obligations under the agreement.
Personal Data in publicly accessible DPP content: The Services allow you to designate content for public access (see clause 10). You must not upload Personal Data into publicly accessible Digital Product Passport fields unless you have a lawful basis to publish it and have met your transparency obligations to the relevant individuals. You remain the controller of the content you choose to publish; we act as controller only in respect of the technical means of public disclosure.
Where we process personal data, there will always be a relevant Article 6 lawful basis for doing so. There is a full outline of our purposes for processing personal data, in addition to a list of what category and type of data is processed, in our Privacy Notice. We will only store data for as long as is needed for it to fulfil its purpose.
Site data: Our handling of Personal Data collected via the Site is described in our Privacy Policy, and our use of cookies and similar technologies is described in our Cookie Policy.
Individual rights: Under UK GDPR users have the following rights in relation to their personal data. More information regarding this can be located in our Privacy Policy.
Any queries regarding data protection can be directed to our DPO in the first instance at dpo@digiprodpass.com or by post to Data Protection Officer, DigiProdPass Limited, First Floor, Units 8 & 9, Rutherford House, Manchester Science Park, Pencroft Way, Manchester M15 6JJ, United Kingdom**
You also have the right to lodge a complaint with the Information Commissioner's Office (ICO), the UK supervisory authority:
      - Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF, United Kingdom
      - Helpline: 0303 123 1113
      - Website: ico.org.uk

9. Intellectual Property

Our IP: We (and our licensors) own all intellectual property rights in DigiProdPass, the Site, the Services, software, templates, designs, documentation and related materials (excluding Customer Data and User Content).
Customer Data: As between the parties, the Customer retains all rights in Customer Data.
Feedback: If you provide feedback or suggestions about the Services, you grant us a worldwide, royalty-free licence to use and incorporate that feedback into our products and services. This does not give us any right to use your Customer Data or Personal Data beyond what these Terms and the DPA permit.

10. User Content, Digital Product Passport Data and Confidentiality

10.1 Ownership of User Content

You retain ownership of all data, information, documents, images, text, graphics, and other materials that you upload, submit, or make available through the Site or Services (“User Content”). Nothing in these Terms transfers ownership of your User Content to DigiProdPass Limited.

10.2 Licence to Use User Content

By uploading User Content, you grant DigiProdPass Limited a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, adapt (for technical and formatting purposes), and display such User Content solely to the extent necessary to operate, maintain and provide the Services to you, including generating and making available Digital Product Passports as configured by you. We will not use Customer Personal Data to develop or improve our Services except where that data has first been aggregated and anonymised so that it no longer identifies any individual, or where you have given documented instructions or consent.

10.3 Public Accessibility of Digital Product Passport Data

Where you upload User Content for inclusion in a Digital Product Passport, you acknowledge and agree that such content may be made publicly accessible via QR code or other access methods. You are responsible for determining what information is designated for public access, and for ensuring you have the right and (where Personal Data is involved) a lawful basis to publish it (see clause 8).

Content that you intentionally make publicly accessible as part of a Digital Product Passport will not be treated as Confidential Information to the extent it is made publicly available through the Services.

10.4 Your Responsibility for User Content

You are solely responsible for ensuring that any content you upload is accurate, lawful, not misleading, and does not infringe the intellectual property, confidentiality, or other rights of any third party.

You warrant and represent that:

you have all necessary rights, licences, permissions, and authority to upload and publish the User Content;
the User Content complies with all applicable laws, regulations, and industry requirements; and
the User Content does not contain any material that is false, defamatory, fraudulent, misleading, or otherwise unlawful.

10.5 Confidential Information

For the purposes of these Terms, “Confidential Information” means any non-public information disclosed by you to us in connection with the Services that is identified as confidential or that would reasonably be understood to be confidential by its nature, including technical, commercial, operational, and supply chain information.

Confidential Information does not include information that:

is or becomes publicly available other than through a breach of these Terms;
was lawfully in our possession before disclosure;
is lawfully received from a third party without restriction; or
is independently developed without use of your Confidential Information.

10.6 Our Confidentiality Obligations

We will:

use your Confidential Information solely for the purpose of providing and supporting the Services;
implement appropriate technical and organisational measures to protect Confidential Information from unauthorised access, disclosure, alteration, or destruction; and
not disclose Confidential Information to any third party except to employees, contractors, and service providers who require access to provide the Services and who are subject to appropriate confidentiality obligations.

10.7 Removal of Content

We reserve the right to remove, suspend, or restrict access to any User Content that we reasonably believe breaches these Terms, infringes third-party rights, violates applicable law, or poses a security or regulatory risk.

10.8 Legal Disclosure

We may disclose Confidential Information where required to do so by law, regulation, court order, or governmental authority, provided that we notify you where legally permitted.

11. Integrations and Third-Party Services (ERP, APIs, Partners)

The Services may integrate with third-party systems (e.g. ERP platforms) or include links to third-party services.
We do not control third-party services and are not responsible for their availability, security, or terms.
Your use of third-party services is governed by their terms and policies.
Some features may depend on third-party APIs; changes by those third parties may affect the Services.

12. Service Availability, Maintenance and Support

We aim to provide a secure and scalable service, but we do not guarantee uninterrupted availability.
We may perform planned maintenance, updates, and changes to improve functionality or security.
Support levels (including response times) and any service levels (SLAs) will be as set out in your Order Form or support policy.

13. Disclaimer (Site Content and General Information)

The Site content is provided for general information only. It may not be complete, accurate, or up to date. You must not rely on Site content as professional advice.

Although we make reasonable efforts to update and maintain the information on our Site, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Site is accurate, complete, up to date, or compliant with current or future regulatory requirements.

14. Liability and Security

14.1 Liabilities not excluded

Nothing in these Terms limits or excludes liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any other liability that cannot be limited or excluded by law.

14.2 Site (free use)

To the maximum extent permitted by law, we are not liable for loss or damage arising from your use of (or inability to use) the Site, including reliance on Site content.

14.3 Services (business use)

The Services are provided for business use and are not intended for consumers. Subject to clause 14.1:

we exclude all implied warranties, conditions and terms to the fullest extent permitted by law;
we will not be liable for loss of profits, revenue, business or anticipated savings; loss of goodwill or reputation; business interruption; or indirect or consequential losses; and
our total aggregate liability arising out of or in connection with the Services will be limited as set out in the Order Form. Where no cap is specified in the Order Form, our total aggregate liability is limited to the fees paid by the Customer for the Services in the 12 months preceding the event giving rise to the claim.

14.4 Security and Viruses

Your responsibilities: You are responsible for configuring your own systems and devices to access DigiProdPass and for using up-to-date security software.
Our security measures: We implement appropriate technical and organisational measures designed to protect the Site and Services in accordance with Applicable Data Protection Law (where applicable) and good industry practice. However, no method of transmission or storage is completely secure, and we do not warrant that the Site or Services will be uninterrupted or entirely free from bugs, errors or vulnerabilities.

15. Term, Suspension and Termination

The subscription term and renewal arrangements are as set out in the applicable Order Form.
Either party may terminate the Services for material breach that is not remedied within 30 days of written notice, or immediately if the other party becomes insolvent or ceases to trade.
We may suspend the Services in accordance with clauses 4, 6 and 7.
On termination or expiry, the licences granted under these Terms end and you must stop using the Services. We will return or delete Customer Personal Data in accordance with the DPA, except where we are required by law to retain it. Accrued rights and any clauses intended to survive termination will continue in force.

16. Linking to Our Site

You may link to our homepage in a fair and lawful way that does not damage our reputation or suggest an endorsement. We may withdraw permission to link at any time.

17. Force Majeure

We will not be liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including acts of God, failure of utilities or telecommunications, cyber-attack, or the acts of third parties. Our obligations will be suspended for the duration of the event.

18. General

Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights on notice to you, provided your rights are not materially prejudiced.
Entire agreement: These Terms, together with the Order Form, DPA and referenced policies, form the entire agreement between the parties and supersede any prior arrangements relating to their subject matter.
Severance: If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Waiver: A failure or delay in exercising any right is not a waiver of that right.
Notices: Notices must be in writing and sent to contact@digiprodpass.com (for notices to us) or to the contact details in your Order Form (for notices to you).
Third-party rights: A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
No partnership or agency: Nothing in these Terms creates a partnership, agency, or joint venture between the parties.

19. Governing Law and Jurisdiction

These Terms (and any dispute or claim arising out of or in connection with them) are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction, except where mandatory law requires otherwise.

20. Contact

Questions about these Terms or any related issues can be sent to: contact@digiprodpass.com.

DPPL-TC-v2.0 | Version 2.0 | Owner: Compliance Manager