FLXY
Version 1.0 – 17 June 2025
These Terms of Service (“Terms”) govern access to and use of the FLXY digital-product-passport software-as-a-service platform located at https://flxy.io and its sub‑domain https://dpp.flxy.io (collectively, the “Service”).
The Service is provided by SIA Fluxy One, Reg. No. 40203559086, Rupniecības iela 16‑14B, Riga, LV‑1010, Latvia (“Fluxy One”, “we”, “us”).
“Customer” (“you”) means any incorporated company or registered sole trader that creates an account on the Service. Consumers (natural persons acting outside their trade) are not eligible.
By creating an account, executing an order form or otherwise using the Service, you agree to be bound by these Terms, our Privacy Policy and Cookie Policy, each incorporated by reference.
Customers must provide accurate corporate identity information. Fluxy One performs internal compliance screening (sanctions lists, high‑risk categories).
We may refuse, suspend or remove any Digital Product Passport (“DPP”) or Customer account at our sole discretion without obligation to disclose the screening criteria where required for legal compliance or platform integrity.
The Service enables Customers to:
1. Generate machine‑readable DPPs compliant with Regulation (EU) 2024/1781 (ESPR).
2. Host DPPs at dpp.flxy.io/{identifier} for public or B2B access.
3. Use optional AI‑assisted functions (label/PDF OCR, text generation, translation).
Core data are stored on Google Cloud EMEA servers (ISO/IEC 27017 certified, TLS 1.3).
Pay‑per‑Passport invoices are issued monthly in arrears.
Subscriptions are charged monthly or annually in advance.
Late payments accrue 1 % interest per month.
Full pricing appears in Annex A.
Fluxy One grants a 100 % refund if written cancellation is received within 14 calendar days of the initial purchase or renewal. After this window fees are non‑refundable.
Customer Data (including DPP content) remains Customer property.
Customer grants Fluxy One a worldwide, non‑exclusive, royalty‑free licence to host, process and display Customer Data solely to deliver the Service.
All platform software, documentation and trademarks remain the intellectual property of Fluxy One or its licensors.
Customer content must comply with EU and Latvian law, not infringe IP, privacy or publicity rights, and be free from malware or unlawful, deceptive or hateful material.
Fluxy One may suspend or remove content that breaches this clause.
Commitment
≥ 99.5 % per calendar month
Remedy
Pro‑rata credit on next invoice
Commitment
First reply within 24 h (Mon–Fri 08:00‑18:00 CET); Priority 1 within 4 h
Remedy
Escalation to senior engineer
Fluxy One acts as data processor; Customer is data controller for any personal data inside DPPs. The parties incorporate the EU Standard Contractual Clauses (SCC, Module II). Details are provided in Annex B (Data Processing Agreement).
The optional AI modules are classified as “limited‑risk” systems under the forthcoming EU AI Act. Outputs are provided “as is”; Customer must verify accuracy before publication.
Fluxy One retains technical logs for 6 years to meet traceability duties.
The Service is provided “as is” and “as available”. Fluxy One disclaims all implied warranties, including fitness for a particular purpose and non‑infringement.
Except for liability that cannot be limited by law, Fluxy One’s aggregate liability is capped at the total fees paid by Customer in the 12 months preceding the claim. Fluxy One is not liable for indirect or consequential damages.
Customer shall indemnify and hold Fluxy One harmless from any third‑party claim arising from Customer Data.
Agreement may be terminated for convenience with 30 days’ written notice.
Overdue > 30 days: DPPs switch to read‑only.
Overdue > 90 days or after termination: DPPs stored read‑only for 10 years from last paid period, then deleted, unless EU delegated acts specify longer.
GDPR erasure honoured unless legal retention requires preservation.
Fluxy One may modify these Terms with 30 days’ email notice. Continued use after effective date constitutes acceptance.
These Terms are governed by Latvian law. Disputes shall be finally settled by arbitration at the Luxembourg Arbitration Center, seat Luxembourg City, language English.
Customer represents they are not subject to EU, US or UN sanctions and will not use the Service in breach of such sanctions.
If any provision is held unenforceable, the remainder remains in effect. Neither party may assign this Agreement without consent, except to an affiliate or in connection with a merger or asset sale. Force‑majeure applies.
SIA Fluxy One – Rupniecības iela 16‑14B, Riga, LV‑1010, Latvia
legal@fluxy.one
