Terms of Service

2. Scope of Terms and Definitions

These Terms apply to: (a) all visitors and users of our website at susycheck.com; (b) all users of the SUSY packaging management system and related services; and (c) any other services provided by Central Agency for Green Commerce GmbH in connection with the website or Service.

Definitions

• Service: The SUSY packaging management system, including all software, platforms, tools, APIs, and related services provided by us.
• User: Any person or entity that accesses our website or uses our Service, including both registered users and visitors.
• Account: A registered user account created to access and use the Service.
• Content: All data, information, materials, text, graphics, images, and other content uploaded, entered, or transmitted through the Service by Users.
• PPWR: The EU Packaging and Packaging Waste Regulation (EU) 2025/40 and any related or successor regulations.

3. Website Usage Terms

The following terms apply to all users of our website, regardless of whether they are registered Service users.

3.1 Access to Website

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for lawful purposes only. You may not use our website in any way that violates applicable laws or regulations, or for any unauthorized or illegal purpose.

3.2 User Responsibilities

You are responsible for:

• Ensuring that all information you provide is accurate and up-to-date
• Maintaining the confidentiality of any account credentials
• All activities that occur under your account
• Complying with all applicable laws and regulations
• Ensuring your use of the website does not infringe upon the rights of third parties

3.3 Prohibited Uses

You may not use our website or Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the operation of the website or Service
• Use automated systems (bots, scrapers) to access the website without authorization
• Reproduce, duplicate, copy, sell, or resell any portion of the website without express written permission
• Engage in any activity that could damage, disable, or impair our systems or networks

4. SAAS Service Terms

The following terms specifically apply to users of the SUSY packaging management system and related SAAS services.

4.1 Registration and Account Creation

To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4.2 Account Obligations

You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security of your account and password
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access to or use of your account
• Use the Service only for lawful purposes and in accordance with these Terms

4.3 Service Availability

We strive to provide continuous and reliable access to the Service. However, we do not guarantee uninterrupted or error-free operation of the Service. The Service may be unavailable due to planned maintenance, system updates, or unforeseen circumstances.

Service Level Agreement: We aim to maintain 99.5% uptime availability, excluding scheduled maintenance windows. Scheduled maintenance will be announced in advance whenever possible.

5. Payment Terms

If you subscribe to a paid plan of our Service, the following payment terms apply.

5.1 Pricing and Subscriptions

Our Service is offered under various subscription plans with different features and pricing. All prices are stated in euros (EUR) and exclude applicable taxes. We reserve the right to modify our pricing and subscription plans at any time, with notice to existing subscribers.

5.2 Billing Cycles

Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen subscription plan. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel your subscription.

5.3 Payment Methods

We accept payment through credit cards, debit cards, and other payment methods as indicated during the registration or subscription process. All payments are processed through secure payment processors.

5.4 Refunds

Unless otherwise required by applicable law, subscription fees are non-refundable. However, if you cancel your subscription within 14 days of the initial purchase or renewal, you may be eligible for a prorated refund for the unused portion of your subscription period, subject to our discretion.

5.5 Late Payment and Suspension

If payment is not received by the due date, we may suspend or terminate your access to the Service. We reserve the right to charge interest on overdue amounts in accordance with applicable German law.

6. Intellectual Property Rights

All intellectual property rights in the website, Service, and all related materials remain our exclusive property or that of our licensors.

6.1 Our Intellectual Property

The website, Service, and all content provided by us (including but not limited to software, text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations) are protected by copyright, trademark, and other intellectual property laws. You may not modify, reproduce, distribute, create derivative works, publicly display, or otherwise exploit any such content without our express written permission.

6.2 Your Content and Data

You retain all ownership rights to any Content that you upload, enter, or transmit through the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display your Content solely for the purpose of providing the Service to you.

6.3 License to Use Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes in accordance with your subscription plan.

7. Data Processing and Compliance

We process personal data in accordance with applicable data protection laws, including the GDPR. Detailed information about our data processing practices is provided in our Privacy Policy.

For complete information about how we process your personal data, please refer to our Privacy Policy, which forms an integral part of these Terms.

PPWR Compliance Data

The Service processes packaging data and related information for PPWR compliance checking and documentation. You are responsible for ensuring that all data you provide is accurate and complies with applicable regulations. We provide compliance checking tools and recommendations, but ultimate responsibility for regulatory compliance remains with you.

8. Limitation of Liability

To the maximum extent permitted by applicable law, our liability is limited as follows.

8.1 Exclusions

We shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
• Damages resulting from unauthorized access to or use of the Service due to your failure to maintain the security of your account
• Delays or failures in the Service resulting from circumstances beyond our reasonable control
• Loss or corruption of data due to your failure to maintain adequate backups
• Any content or data provided by third parties or generated through third-party integrations

8.2 Limitation of Liability Amount

Our total liability for any claims arising out of or relating to these Terms or the Service shall not exceed the total amount paid by you to us in the 12 months preceding the event giving rise to the claim.

8.3 Consumer Rights

Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited under applicable German law, including mandatory consumer protection provisions.

9. Indemnification

You agree to indemnify, defend, and hold harmless Central Agency for Green Commerce GmbH, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the website or Service, (b) your violation of these Terms, (c) your violation of any applicable law or regulation, or (d) any Content you provide through the Service that infringes the rights of any third party.

10. Termination

These Terms remain in effect until terminated by either you or us.

10.1 Termination by User

You may terminate your account and discontinue use of the Service at any time by contacting us at info@susycheck.eu or through your account settings. Upon termination, your access to the Service will be immediately revoked, and any data associated with your account may be deleted in accordance with our data retention policies.

10.2 Termination by Provider

We may suspend or terminate your access to the Service immediately, without prior notice, if:

• You violate any provision of these Terms
• You fail to pay any fees when due
• You engage in fraudulent, illegal, or harmful activities
• We are required to do so by law or regulatory authority
• We cease to offer the Service or a particular feature

10.3 Effects of Termination

Upon termination, your right to use the Service will immediately cease. You remain responsible for all charges incurred prior to termination. We may delete your account and all associated Content in accordance with our data retention policies. Provisions of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property rights, limitation of liability, indemnification, and dispute resolution provisions.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to you via email or through a notice on our website or Service at least 30 days before they take effect. Your continued use of the website or Service after such modifications constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the website and Service.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany.

12.1 Applicable Law

These Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

12.2 Jurisdiction

For consumers, this shall not affect any mandatory provisions of consumer protection law applicable in your country of residence. For businesses, any disputes shall be subject to the exclusive jurisdiction of the courts of Hamburg, Germany.

12.3 Online Dispute Resolution

If you are a consumer resident in the European Union, you may submit disputes arising from these Terms or our Service to the European Online Dispute Resolution Platform.

13. Dispute Resolution

Before initiating any formal legal proceedings, we encourage you to contact us at info@susycheck.eu to attempt to resolve any disputes amicably. For consumers in the EU, you have the right to use the European Online Dispute Resolution Platform. For businesses, disputes shall be resolved through the competent courts in Hamburg, Germany.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced by a valid, legal, and enforceable provision that comes closest to the intent of the original provision.

15. Contact Information and Effective Date

If you have any questions about these Terms, please contact us:

Effective Date: January 2025