1.1 These Terms of Use govern the use of the AuthoriseMe platform as software-as-a-service (SaaS) between you as the customer and AuthoriseMe GmbH, Austraße 34, 35745 Herborn (hereinafter referred to as the "Provider"). The legal nature of the contract corresponds to a software lease, i.e. the use of the offering for a fee for a limited time. The offering is directed exclusively at entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB).

1.2 AuthoriseMe is a modular SaaS platform that digitalises and automates the compliance process of Extended Producer Responsibility (EPR) for manufacturers, importers and brand owners in European markets.

1.3 The contract is concluded as follows: After you have clicked the "Register" button in the registration form and confirmed your registration with the verification link, an agreement on the use of the platform with the agreed services is concluded.

1.4 The booking of additional chargeable modules (such as Reporting, QR Code & Public Register, PRO Management and others) is carried out individually as required, by the Provider confirming your booking.

1.5 The AuthoriseMe platform may also be used by consultants/representatives, e.g. a consulting firm or an authorised-representative provider acting as the representative of the customer. The consultant/representative acts on behalf of the respective customer and warrants that they hold a corresponding power of attorney.

a) Main performance obligations

2.1 The Provider makes the AuthoriseMe platform available to you as the customer as an online service accessible via the internet.

2.2 You receive a simple right of use, limited in time to the contract term, to the platform and the booked modules in their respective current version. You may use the platform only for your company's own business purposes, either yourself or through the consultants/representatives you have commissioned. Passing on the access credentials and joint use by other third parties is not permitted.

2.3 The Provider has the right to adapt, change and further develop the platform at its own discretion.

2.4 The Provider operates the AuthoriseMe platform in a data centre in Europe.

2.5 The agreed availability (service level) of the AuthoriseMe platform is deemed to be met if the following values are achieved within a measurement period of one calendar year:

The availability of the platform refers to the availability of the data centre's internet connection. Availability is guaranteed in accordance with the table above. To measure the service level, availability is monitored by the Provider. During the maintenance windows and during announced maintenance, restrictions may occur due to maintenance work or data backups. These do not count as a shortfall in availability.

2.6 The Provider provides you with a support page and FAQ. User enquiries about the application submitted via the contact form on the support page are answered within the Provider's business hours, in the order in which the respective question is received, by telephone or in text form.

2.7 AuthoriseMe may provide AI-supported features, for example for plausibility checks, image recognition (classification, analysis of packaging), suggestions for product adjustments and other compliance-related information (hereinafter collectively "AI results"). The AI results generated by the system serve exclusively to support the customer and do not constitute binding technical, professional, legal or regulatory assessments.

b) Ancillary obligations of the Provider for all users

2.8 The Provider backs up the data on the platform once a day using a backup system and retains these backups for six days.

c) Services not provided by the Provider

2.9 The Provider does not provide legal advice to customers.

2.10 Additional services of the Provider such as onboarding, data migration or ERP integration are only owed if this is expressly agreed.

3.1 You may use the access credentials for the platform provided to you exclusively for use by your employees or the consultants/representatives you have commissioned, and you must keep them secure. You may not make them accessible to any third parties.

3.2 You are solely responsible for the accuracy and completeness of the content you provide in AuthoriseMe. The Provider does not check this content.

3.3 The customer is obliged to have all results generated by AI – in particular suggestions, classifications, calculations, recommendations, reports and automatically generated data sets – checked and approved by professionally qualified human staff before they are used, further processed or transmitted to authorities, dual systems, PROs or other third parties. The customer may not adopt AI results unchecked, reuse them automatically or use them as the sole basis for decisions, reports or declarations. If the customer fails to carry out this check, or if the check is not carried out with the requisite professional care, the Provider's liability for errors based on this and for associated fees, sanctions, fines, reclaims or other damages is excluded, insofar as these are based on the omitted or insufficient check. This obligation of the customer to check constitutes a material contractual obligation (duty to cooperate).

4.1 By placing the order, you undertake to pay the agreed remuneration for the use of AuthoriseMe for the respective period of use (one year unless otherwise agreed) in advance to the Provider via the payment methods offered. All prices are exclusive of value-added tax.

4.2 If you act as a consultant/representative, the invoice will be issued to you. The producer specified by you will be shown in the invoice text.

4.3 In the event of default in payment, the Provider is entitled to deny you access to the platform until all arrears have been settled in full. The Provider will inform you of this measure in advance, setting a deadline.

6.1 The Provider warrants that the AuthoriseMe platform and the booked modules are usable during the contract term in accordance with the service description.

6.2 You undertake to notify the Provider of any defects that may arise immediately upon discovery, in writing or by email, describing the error in such detail that it can be reproduced.

6.3 Defects are remedied by the Provider through subsequent performance. Only if subsequent performance has failed for the second time may you reduce the agreed remuneration. In the case of serious defects (i.e. essential functions required for the use of the platform or the modules cannot be used), you are then also entitled to terminate the contract extraordinarily. Claims for damages and claims for substitute performance are excluded.

6.4 The Provider warrants the agreed service times of the AuthoriseMe platform. Should these service levels not be met, the Provider grants you a credit in the amount of one day's remuneration (1/365 of the remuneration paid by you for the calendar year concerned) for each commenced day of the shortfall. If the agreed service level is not met three times within a year, you are entitled to terminate the contract at the end of the following month. Other rights in respect of defects are excluded.

6.5 In the event of failure or data loss, the server is restored within one working day to the data status of the last data backup.

6.6 The AI functions provided in AuthoriseMe serve exclusively to support the customer and replace neither a professional review nor a human decision. All results generated by AI, in particular classifications, analyses, recommendations, calculations, data imports, recycling assessments, EPR reports, cost forecasts and optimisation suggestions, may be incomplete, incorrect or regulatorily inaccurate. The Provider therefore – to the extent legally permissible – assumes no warranty for the factual or legal correctness, completeness, currency, usability or official recognition of the AI results, nor for any success with regard to compliance, cost optimisation, fee reduction or other economic results. Responsibility for checking, approving and using all AI results remains exclusively with the customer. The warranty for the technical provision and functionality of the SaaS platform remains unaffected by this.

7.1 Claims for damages arising from or in connection with this contract against the Provider are excluded, unless there is intent or gross negligence, warranted characteristics or guarantees are absent, or a material contractual obligation has been breached. A material contractual obligation is one whose breach jeopardises the purpose of the contract (cardinal obligation). In this case, the Provider is also liable for simple negligence. The same applies in the event of culpable injury to health, body or life.

7.2 If the Provider is liable for simple negligence under these rules, liability for indirect or consequential damages, for example loss of profit, is limited to the typical foreseeable damage.

7.3 The Provider's strict liability for damages (Section 536a BGB) for defects existing at the time the contract was concluded is excluded. The above provisions also apply to breaches of duty by the Provider's employees, workers, staff, representatives and vicarious agents.

8.1 The contract runs for the agreed term (month or year) and is then automatically extended by a further calendar year unless it has been terminated beforehand by the customer at the end of the term. Termination is made in text form (email is sufficient). The Provider may terminate the contract ordinarily with a notice period of three months to 31 December of a year in text form (to the email address provided by the customer).

8.2 If further modules are additionally booked during the contract term, these share the contract term of the existing contract. If the customer wishes to terminate a module, the termination rule in 8.1 applies.

8.3 The Provider is entitled to discontinue individual modules or functions. In doing so, it will observe a notice period of three months to the end of the calendar year.

8.4 The right to extraordinary termination for good cause remains unaffected.

8.5 At the end of the contract, the Provider will make the data you have stored on the platform available for download in a machine-readable, common format and will then delete your data from the platform.

9.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

9.2 Should any provision of these Terms of Use be or become invalid, this does not result in the invalidity of the entire set of provisions.

9.3 In the event of legal disputes arising from this contract, the place of jurisdiction is Herborn if the customer is a merchant, the customer has no general place of jurisdiction within the Federal Republic of Germany, or the customer is a legal entity under public law. The Provider is also entitled to bring an action at any other legally prescribed place of jurisdiction.