Terms of business

Version 1.2 · effective 5 October 2026

These terms apply to agreements for the use of Tracepas, for Assisted onboarding, for the Hosting package and for ad hoc help. The agreement is made between

[TODO: COMPANY DETAILS: legal name], CVR [TODO: CVR], [TODO: COMPANY DETAILS: address], registered office [TODO: COMPANY DETAILS: registered office (municipality)] ("we", "us"), and

the business that creates an account or orders a service (the "Customer" or "you").

The Danish version of these terms prevails over this translation.

1. The agreement and who it applies to

1.1 We sell only to businesses. The Platform and the services are not intended for consumers. The person who accepts these terms confirms that they are authorised to bind the Customer.

1.2 The agreement consists of these terms, the data processing agreement, the plan and price shown when ordering, and any written quote for Assisted onboarding or an Enterprise agreement. The order of precedence is set out in clause 22.

1.3 As the agreement is made between businesses, sections 10, 11(1) and 12 of the Danish E-Commerce Act (e-handelsloven) do not apply, see section 13(2) of that Act.

2. Definitions

• Platform: our web-based system, including the app, API, webhooks, supplier portal and the display of product passports.
• Users: the people the Customer gives access to the Platform.
• Customer Data: all data and documents that the Customer, its Users or its suppliers put into the Platform, and what the Platform produces from them.
• Proposal: a value that the Platform or our team proposes from a document, with its source. A Proposal is not approved until a User has approved it.
• Automatic document reading: the function where documents are read by machine using artificial intelligence (AI) and the result is shown as Proposals.
• Declaration: an EU declaration of conformity that the Customer issues in the Platform, for example under Annex VIII of Regulation (EU) 2025/40 (PPWR) or Annex IX of Regulation (EU) 2023/1542 (Battery Regulation).
• Product passport: a page of product information that the Customer publishes through the Platform, including battery passports and voluntary passports for packaging, reached through a QR code or a link.
• Assisted onboarding: the service in which we set up the Platform for the Customer and have the Customer's documents read by Automatic document reading, so that the data is ready for the Customer's own review, see clause 7.
• Binding period: the first 12 months of a paid subscription, counted from the date of the agreement, see clause 13.
• Hosting package: the "Hosting and data reception" package, which keeps published Product passports and QR codes active when the Customer has no subscription, see clause 14.
• Ad hoc help: help, changes, new reading of certificates and support not included in the Customer's subscription or package, see clause 12.4.

3. The services

3.1 The Platform gives the Customer tools to collect documents, receive Proposals with a source, approve values, produce draft Declarations and technical documentation, publish Product passports with QR codes and ask suppliers for documents. The functions and limits included depend on the plan shown on the pricing page.

3.2 The Platform is a tool. We do not provide legal advice, conformity assessment, testing or certification, and we are not a notified body.

3.3 Templates, fields, guides and regulation pages in the Platform are prepared from the legal acts published in the Official Journal and show when they were last reviewed. They are not a guarantee that a product, Declaration or Product passport meets the rules.

3.4 Fair use on Business. Business includes at most 5,000 pages of automatic document reading and 500 active products per month. If the limit is exceeded, the automatic import stops until the next month or until the Customer has moved to an Enterprise agreement, where price, pages and API calls are agreed individually in a separate contract.

4. The Customer is the manufacturer and is responsible

4.1 The Customer is the manufacturer or other economic operator on whom the rules place the obligations. The Customer alone bears full legal responsibility towards the authorities for products, packaging and batteries complying with the rules and for the data being correct, and for the content, signing, issuing and use of Declarations, technical documentation and Product passports. This also applies where the draft was prepared during an Assisted onboarding.

4.2 This follows from the rules themselves. An EU declaration of conformity is issued under the sole responsibility of the manufacturer (PPWR Annex VIII, point 3, and Annex VII, point 1), and by drawing it up the manufacturer assumes responsibility for the packaging's compliance (PPWR Art. 39(4)). For battery passports, the economic operator placing the battery on the market must ensure that the information is accurate, complete and up to date (Battery Regulation Art. 77(4)).

4.3 We are not the Customer's authorised representative, importer or distributor, and we do not warrant the Customer's compliance. The Customer decides whether and how to register products in the EU digital product passport registry, unless otherwise agreed in writing.

4.4 The Customer signs and issues Declarations itself. We do not sign on the Customer's behalf.

4.5 Declarations are issued in the Platform in Danish and English. If a product is sold in another EU country, the declaration must also be available in that country's language. Translation into other languages is the Customer's responsibility.

5. Data entered by the Customer and its suppliers

5.1 The Customer is responsible for Customer Data, including that it is correct, complete and up to date, that the Customer has the right to use it, and that it does not infringe the rights of others.

5.2 We do not check whether information from the Customer or its suppliers is correct. The Platform shows the source of each value so the Customer can check it. We are not liable for errors in Customer Data or for the consequences of a User approving a value, whether the value came from a document, a Proposal, an import, the API or our team.

5.3 The relationship between the Customer and its suppliers, including the suppliers' duty to provide information, is a matter between them. The supplier portal is a technical tool for receiving the documents.

6. Automatic document reading (AI)

6.1 The Platform can read documents by machine using artificial intelligence and show the result as Proposals with the page and an excerpt from the document. Proposals may be wrong or incomplete.

6.2 A Proposal is only used in Declarations and Product passports once a User has approved it. The Customer must check each Proposal against its source before approving it.

6.3 Automatic document reading is carried out by the sub-processor named on the list of sub-processors. We do not use Customer Data for training AI, and we only use a service where the provider, under its terms, may not use the content to improve its products.

6.4 If automatic reading is not possible, our team may read the document and enter Proposals. These Proposals must also be approved by the Customer.

7. Assisted onboarding

7.1 Scope. The service comprises setting up the Customer's account in the Platform, help getting started by email or phone as needed, and Automatic document reading of the supplier documents the Customer sends. The result is Proposals with a source and draft Declarations and Product passports in the Customer's account. The scope is set out in the order or our quote.

7.2 Price. The service costs an onboarding fee and a price per product, packaging type or battery type as shown on the pricing page or in our quote. The calculator on the pricing page gives an estimate only.

7.3 Delivery. The data is ready for the Customer's own review within 5 working days after we have received the order and the Customer's documents. For large volumes another deadline may be agreed in the quote. If documents are missing, the deadline runs from their receipt.

7.4 Our role. We are a technology provider. We are not a consultant or adviser, and we do not take on the Customer's responsibilities under the rules. Automatic document reading produces drafts that may be wrong or incomplete. The Customer must log in, check each value against its source, approve it, and issue Declarations and publish Product passports itself. The service is not legal advice and not a conformity assessment.

7.5 Suppliers. We only contact the Customer's suppliers if the Customer has permitted it in writing, either in the order or by switching it on in the Platform together with the access under clause 7.7. We write in the Customer's name and state that we act on the Customer's behalf. We cannot promise that suppliers will answer.

7.6 Defects. Defects in the service must be notified to us in writing within 14 days after the data is ready. We then correct, free of charge, whatever is due to our error. Other remedies are excluded unless clause 15 gives a right to damages.

7.7 Access for our team. Our team may be given read-only access to the Customer's account to carry out the work or provide support. The Customer can also, in the Platform, give our team time-limited access to prepare data in the account: create products, batteries and packaging types, upload documents and enter values as Proposals. Our team cannot approve values, issue Declarations or publish Product passports; the Customer does that itself. The access expires on the date the Customer chooses, can be ended by the Customer at any time and ends when the data has been delivered. Everything our team does is recorded in the Customer's activity log.

7.8 After onboarding. The Customer has access to the Platform until it has approved the values and published the Product passports, but for no more than 30 days after the data is ready. The Customer then moves automatically to the Hosting package under clause 14, unless it has taken out a subscription.

8. Product passports, QR codes and passport data

8.1 The Customer authorises us in writing to store Product passports and make them available on the Customer's behalf, within the meaning of Battery Regulation Art. 77(4) and Art. 78(c) and Ecodesign Regulation (EU) 2024/1781 Art. 11(c). This authorisation does not make us the economic operator responsible for the passport.

8.2 We do not sell, re-use or process passport data, in whole or in part, beyond what is necessary to store and display it (Battery Regulation Art. 78(d); Ecodesign Regulation Art. 11, second subparagraph).

8.3 Access to public Product passports is free of charge for those who scan the code. Restricted information is only shown through access links that the Customer issues. The Customer is responsible for who receives an access link.

8.4 QR codes and links point to our ID domain (tracepas.com) or to the Customer's own domain, once the Customer has set it up and verified it in the Platform. A Customer using its own domain is responsible for keeping the domain pointed at the Platform. The Customer is responsible for printing, placing and the legibility of QR codes on products, packaging and documents.

8.5 Product passports must not contain marketing or personal data beyond what the rules require. The Customer is responsible for the content.

9. Availability and support

9.1 We aim to keep the Platform and public Product passports available around the clock, but we do not guarantee a specific uptime. We announce planned maintenance in the Platform where possible.

9.2 Support is provided by email on working days on paid plans. Requests from Customers on Business and Enterprise are handled first. No response times are guaranteed unless agreed in writing.

10. Users, access and security

10.1 The Customer is responsible for its Users and their roles and for keeping passwords, API keys and access links confidential. We recommend that all Users switch on two-step verification.

10.2 The Customer must not use the Platform unlawfully, try to bypass security measures or place an unreasonable load on the Platform, for example beyond the API limits of its plan.

10.3 We may temporarily block access where necessary to prevent a security breach or misuse. We notify the Customer as soon as possible.

11. Changes to the Platform and templates

11.1 We develop the Platform continuously. We may change functions if the change does not materially reduce the plan the Customer has paid for. We give at least 30 days' notice of material reductions.

11.2 We update templates and regulation pages when we become aware of changes to the rules. Issued Declarations and published passport versions are not changed by a template update. The Customer decides whether to issue a Declaration again.

12. Prices and payment

12.1 Prices are shown on the pricing page in Danish kroner or euro, excluding VAT. Subscriptions and the Hosting package are invoiced monthly in advance. Assisted onboarding is invoiced on ordering according to the pricing page or the quote.

12.2 Payment is made by invoice, sent by email, due 14 days after the invoice date. We may charge interest on late payment under the Danish Interest Act (renteloven). If payment is more than 30 days late, we may, after 10 days' written notice, limit the account to read-only access. Public Product passports stay available, see clause 14.4.

12.3 We may change prices with at least 60 days' notice. The change applies from the next billing period. A price increase during the Binding period entitles the Customer to terminate with effect from the date it takes effect.

12.4 Ad hoc help. Help, changes, new reading of certificates and support not included in the Customer's subscription, including all work for Customers on the Hosting package and after an Assisted onboarding, is charged at DKK 1,000 excluding VAT per started hour, with a minimum of 1 hour per request.

13. Term and termination

13.1 Paid subscriptions (Starter, Pro and Business) have a Binding period of 12 months from the date of the agreement. The Customer can terminate at the earliest with effect from the end of the Binding period. After that the subscription continues month by month and can be terminated with 1 month's notice to the end of a month. Notice is given in Settings or by email to us. Amounts paid are not refunded.

13.2 The free plan can be terminated at any time. A free account with no published Product passports that nobody has signed in to for 24 months is deleted 30 days after we have given notice by email to the account's owners.

13.3 When a paid subscription ends, the Customer moves automatically to the Hosting package under clause 14, so that published Product passports and QR codes stay active.

13.4 We may terminate the agreement with 3 months' notice, but not before the end of the Binding period.

13.5 Either party may terminate the agreement if the other party is in material breach and has not remedied it within 30 days of a written demand.

14. Hosting package, export and deletion

14.1 Hosting package. The Hosting package costs DKK 99 excluding VAT per month and is invoiced monthly. It keeps published Product passports, the Declarations shown in them, access links and QR codes active at the same address, without changes. The package does not give access to self-service in the Platform, Automatic document reading or dashboards. Changes and other help are charged as Ad hoc help under clause 12.4.

14.2 Why passports must stay active. The rules require battery passports to remain available until the battery has been recycled, also after the responsible economic operator has ceased to exist (Battery Regulation Art. 77(8) and Art. 78(e)). The same applies to product passports under the Ecodesign Regulation for the period set by the delegated acts (Ecodesign Regulation Art. 11(e)). Ensuring this is the Customer's responsibility.

14.3 Opting out of the Hosting package. The Customer can opt out of the Hosting package in writing. Product passports and QR codes are then permanently deactivated 30 days after we have received the opt-out. Before that:

a) we inform the Customer in writing that products on the market may end up without a mandatory passport, and the Customer confirms that it has another solution;

b) on request we provide the Customer's Product passports, Declarations and data in open, machine-readable formats;

c) on request we can redirect the addresses on our ID domain to the Customer's new address so that printed QR codes keep working. Setting this up is charged as Ad hoc help; the redirect itself then costs nothing.

14.4 Non-payment and cessation. If payment for the Hosting package is more than 30 days late, we give written notice. If payment is not made within 30 days of the notice, this is treated as an opt-out under clause 14.3, and the passports are deactivated no earlier than 30 days after that. If the Customer is bankrupt or has ceased to exist, we keep the passports active until the estate, a new responsible party or the Customer has opted out in writing under clause 14.3, and we file our claim in the estate.

14.5 Export. During the agreement the Customer can export Customer Data with the Platform's export functions. Within 30 days after the Customer's access to the Platform has ended, we provide on request a full export of documents, Declarations and passport data in open, machine-readable formats. Later exports are charged as Ad hoc help.

14.6 Deletion. No later than 90 days after the Customer's access to the Platform has ended, we delete Customer Data, except what the Hosting package keeps active and information we must keep by law, such as accounting records under the Danish Bookkeeping Act. Copies in backups are deleted as the backups expire, no later than 30 days later. Deactivated Product passports are deleted under the same rules. For Customers on the Hosting package the deletion covers uploaded documents, import files and supplier contact details; we give notice by email 30 days before, so the Customer can order an export under clause 14.5.

14.7 If we stop operating. If we stop operating the Platform, we will give at least 6 months' notice, provide data under clause 14.5 and, as far as possible, transfer Product passports and the redirect from the ID domain to another provider or to the Customer.

15. Liability and limitation of liability

15.1 The parties are liable under the general rules of Danish law, subject to the limitations in this clause.

15.2 We are not liable for:

a) whether the Customer's products, packaging, batteries, Declarations and Product passports meet the rules; b) content that the Customer, its Users or its suppliers have entered or approved; c) decisions the Customer makes on the basis of Proposals, templates, guides or drafts; d) fines, orders, withdrawals, recalls or claims by authorities or third parties against the Customer; e) indirect loss, including loss of production, loss of profit, lost revenue, loss of goodwill and loss of data that the Customer could have restored from its own copies.

15.3 Our total liability in a calendar year is limited to the amount, excluding VAT, that the Customer paid us in the 12 months before the event giving rise to the claim, but no less than DKK 5,000. For Assisted onboarding and Ad hoc help, liability for each task is limited to the price of that task.

15.4 The limitations in clauses 15.2 and 15.3 do not apply if we have acted intentionally or with gross negligence.

15.5 The Customer indemnifies us against claims from authorities or third parties arising from the content of the Customer's Product passports, Declarations or other Customer Data, unless the claim is caused by our error.

15.6 Claims must be made in writing without undue delay after the injured party became or should have become aware of the matter.

16. Force majeure

Neither party is liable for delay or non-performance caused by circumstances beyond its control that it could not reasonably have foreseen when the agreement was made, such as war, natural disasters, strikes, widespread outages at internet or hosting providers, cyber attacks that could not be prevented by reasonable security measures, or orders from authorities. Force majeure does not release us from making public Product passports available again as soon as the circumstance has ended.

17. Confidentiality

The parties keep confidential what they learn about each other's business that is not publicly known. This duty continues after termination. It does not apply to information the Customer has published itself, for example in public Product passports.

18. Rights

18.1 The Customer owns Customer Data. The Customer grants us the right to process Customer Data to the extent necessary to provide the services and fulfil this agreement and the data processing agreement.

18.2 We own all rights to the Platform, the templates and our documentation. The Customer receives a non-exclusive right of use while the agreement runs.

18.3 The Customer may freely use Declarations, technical documentation and other documents it produces in the Platform, also after termination.

19. Personal data

When we process personal data on the Customer's behalf, the data processing agreement applies, and the Customer is the controller of that data. For personal data for which we are the controller, our privacy policy applies.

20. Changes to these terms

We may change these terms with at least 30 days' notice by email and in the Platform. Changes required by new legislation or an order from an authority may be made at shorter notice. The Customer may terminate the agreement with effect from the date of the change if the change is materially to the Customer's disadvantage.

21. Assignment and subcontractors

We may use subcontractors to provide the services. Subcontractors that process personal data are listed as sub-processors and are used under the data processing agreement. We may assign the agreement to a company that takes over the Platform, provided the Customer is notified and the terms in clause 14 are continued.

22. Order of precedence

In case of conflict, the documents apply in this order:

1. the data processing agreement, as regards the processing of personal data;
2. an Enterprise agreement or a written quote for Assisted onboarding, as regards what they govern;
3. these terms;
4. the pricing page and other descriptions on the website.

23. Governing law and venue

The agreement is governed by Danish law, excluding Danish choice-of-law rules that would lead to the application of another country's law. Disputes that cannot be settled by negotiation are decided by the Danish courts at our registered office.

24. Contact

[TODO: COMPANY DETAILS: legal name] · CVR [TODO: CVR] · [TODO: COMPANY DETAILS: address] · [TODO: CONTACT: email]