1. Who these terms are between
These terms are between [FILL: legal entity name and legal form], registered at [FILL: registered address in Portugal], company number (NIPC) [FILL], VAT number [FILL] ("Collecta", "we"), and the business that uses the service ("Customer"). The service is for businesses and professionals only. It is not offered to consumers.
They apply when a person creates an account or orders a plan for a business, who confirms that they are authorised to bind it. [FILL: confirm how acceptance is recorded at sign-up] Where a signed order form or agreement conflicts with these terms, the order form or agreement prevails.
2. The service
Collecta DPP lets a Customer collect product data, create battery passports, publish them and register them. It is a tool. Plans, features and fees are as published on the pricing page or agreed in an order form.
The EU Battery Regulation, the EU DPP Registry and the rules around them are still developing. We describe the position as of the date shown on each page and update the service as the rules change, but we cannot promise that a particular rule or registry feature will work in a particular way or on a particular date.
3. Accounts and users
The Customer is responsible for its users, for keeping credentials and API keys confidential, and for everything done with them. Tell us promptly if a key is lost or misused.
4. Customer data
The Customer owns its data and is responsible for its accuracy, completeness and lawfulness, including the information required by Article 77 and Annex XIII of Regulation (EU) 2023/1542. We do not verify it. The Customer gives us the rights we need to host, process, publish and register it as the Customer instructs.
Public passport data is public by design. Do not put data into a public field that must stay confidential, and do not put personal data into public fields without a lawful basis.
Where the Customer's data contains personal data, we act as processor under a data processing agreement (DPA), available on request through the legal requests page. Our sub-processors are [FILL: where the list is published].
5. Registration on the Customer's behalf
Where a plan includes registration in the EU DPP Registry, the Customer authorises us to submit the Customer's passport data to it. The Customer stays the economic operator and remains responsible for the obligations under the Regulation.
6. Acceptable use
The Customer will not misuse the service: no unlawful content or false passport data, no attempts to break, overload or reverse engineer it, no access to other customers' data, and no use that breaches the API rate limits or technical documentation. We may suspend access to stop harm, with notice where we can give it.
7. Availability and support
We work to keep the service available and published passports reachable. Specific service levels and support are set out in the Customer's plan. [FILL: service level and support wording, if any, to be confirmed]
8. Long-term availability of published passports
The Regulation requires passports to stay available for a long period. For as long as the Customer's plan, including any maintenance plan, is in place we keep published passports available. [FILL: describe the continuity arrangement if the Customer stops paying or Collecta stops operating, for example a successor or archive commitment]
9. Fees
Fees are those of the chosen plan or order form, exclusive of VAT and other taxes unless stated. [FILL: billing period, payment terms and renewal terms] We give notice before changing prices for a renewal period.
10. Term, termination and leaving the service
The term and renewal follow the plan. The Customer may end the agreement with at most [FILL: notice period, no more than two months] notice. We may end it for a serious breach that is not fixed within [FILL: days] after notice.
After the agreement ends the Customer can retrieve its data for at least 30 days, in [FILL: export formats, for example JSON and CSV through the API or an export]. We do not charge for switching to another provider. [FILL: confirm]. After that period we delete the data, except what we must keep by law or what the Customer asked us to keep published.
11. Intellectual property
The service, its software, documentation and design belong to Collecta or its licensors. The Customer gets a non-exclusive, non-transferable right to use it during the term. The Customer's data stays the Customer's.
12. Confidentiality
Each party keeps the other's non-public information confidential and uses it only for the agreement. That covers, for the Customer, its non-public data, draft passports and supplier and cost information, and for us, our security documents, pricing and non-public plans.
It does not cover information that is or becomes public without a breach, that the receiving party already had or developed independently, or that it received lawfully from a third party. Passport data that the Customer publishes or submits to the Registry is not confidential. A party may disclose information that the law, an authority or a court requires, and tells the other party first where it lawfully can.
Staff, advisers and sub-processors may receive it if they are bound to equivalent duties. This clause continues for [FILL: years, commonly three to five] after the agreement ends, and for trade secrets for as long as they stay secret. A separate non-disclosure agreement (NDA) can be agreed through the legal requests page; once an agreement is signed, this clause applies and any earlier NDA is replaced to the extent it overlaps.
13. Warranties and no legal advice
We provide the service with reasonable skill and care. We do not give legal advice, and using the service does not by itself make a Customer compliant with Regulation (EU) 2023/1542 or any other law; that remains the Customer's responsibility. Apart from what these terms and the law require, we give no other warranties, to the extent the law allows.
14. Liability
Nothing in these terms limits liability that the law does not allow to be limited, including liability for intent or gross negligence and for injury to life, body or health.
Otherwise, and as far as the law allows, our total liability in a contract year is limited to [FILL: liability cap, for example the fees paid in the previous twelve months]. We are not liable for indirect or consequential loss or lost profit. [FILL: lawyer to confirm that the exclusions are valid for the governing law and in the Customer's country]
15. Force majeure and third-party dependencies
Neither party is liable for delay or failure caused by events outside its reasonable control, including failures of public networks, hosting providers, the EU DPP Registry or other official systems.
16. Changes
We may change the service and these terms. For a change that is materially worse for the Customer we give at least [FILL: days] days' notice, and the Customer may end the agreement before it takes effect.
17. Notices and general
We send notices to the account email and the Customer sends them to [FILL: legal notices email]. Neither party may assign the agreement without the other's consent, except to a successor of its business with notice. If a provision is invalid the rest stays in force.
18. Governing law and courts
Portuguese law governs these terms. The courts of [FILL: city in Portugal] have jurisdiction, [FILL: lawyer to confirm, including whether mandatory rules of the Customer's country apply].
19. Language
These terms are available in several languages for convenience. [FILL: state which language version prevails]