Fluxy.One | FLXY.io
Version 1.0 — 17 juin 2025
“The use of the FLXY.IO software platform and the creation of Digital Product Passports (DPPs) are governed by a separate Agreement (Platform Terms of Service), which the user accepts upon registration or payment for services.”
SIA Fluxy One – Rupniecības iela 16‑14B, Riga, LV‑1010, Latvia
Email: legal@fluxy.one
DPO: dpo@fluxy.one
These Website Terms of Use (“Terms”) govern access to and use of the FLXY digital-product-passport software-as-a-service platform located at https://fluxy.one, 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.
“Digital Product Passport” (DPP) means a machine-readable data record compliant with applicable EU regulations including Regulation (EU) 2024/1781 (ESPR), sector-specific legislation, and related regulatory frameworks.
By creating an account, executing an order form, making a payment via bank transfer, card, Stripe, or any other payment system, or otherwise using the Service, you agree to be bound by these Terms, our Privacy Policy and Cookie Policy, each incorporated by reference.
2.1 Payment as Acceptance
By completing payment (via bank transfer, credit/debit card, Stripe, Revolut Pay, or any other approved payment method), you explicitly confirm that you:
• Have read, understood, and accepted these Terms of Service in full;
• Confirm the accuracy, completeness, and legal ownership of all Customer Data submitted;
• Accept full responsibility for data accuracy and timely updates;
• Agree that payment constitutes a legally binding electronic signature under Regulation (EU) 910/2014 (eIDAS);
• Acknowledge that all payment transactions are logged and timestamped for compliance and dispute resolution purposes.
Payment confirmations are retained for 10 years in accordance with ESPR Art. 27, sector-specific regulations, and Latvian accounting law.
Customers must provide accurate corporate identity information. Fluxy One performs internal compliance screening (sanctions lists, high-risk categories, ESPR Art. 4 compliance checks).
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, platform integrity, or regulatory obligations.
he Service enables Customers to generate, manage, and host machine-readable DPPs compliant with the following EU regulations and frameworks:
4.1 Primary Regulatory Framework
Ecodesign for Sustainable Products Regulation (ESPR)
Regulation (EU) 2024/1781 — the overarching framework establishing DPP requirements across EU product categories, including horizontal requirements for durability, repairability, recyclability, and environmental performance disclosure.
4.2 Sector-Specific DPP Requirements
Batteries Regulation (BR)
Regulation (EU) 2023/1542 — DPP requirements for electric vehicle batteries, industrial batteries, and portable batteries, including state of health, chemistry, and recycling information. Mandatory implementation from 18 February 2027.
Construction Products Regulation (CPR)
Regulation (EU) 2024/1305 — DPP and sustainability requirements for construction products (concrete, steel, ceramics, insulation, paints, adhesives, etc.), including durability, fire safety, and environmental declaration data.
Packaging and Packaging Waste Regulation (PPWR)
Regulation (EU) 2024/XXXX (approved/pending) — DPP requirements for packaged products, including recycled content, design for recycling, reusability targets, and labelling requirements for packaging composition.
Textiles Regulation (forthcoming Delegated Act under ESPR)
Digital product information requirements for textiles, garments, and footwear, including fiber composition, recycled material content, durability, care instructions, and chemical substances of concern (REACH compliance).
Electronics and Electrical Equipment (EEE)
Requirements under ESPR and Energy-related Product Regulation (draft) — DPP for computers, smartphones, appliances, including repairability scores, energy efficiency, and critical raw materials (CRM) disclosure.
Critical Raw Materials Regulation (CRMA)
Regulation (EU) 2023/XXXX — DPP and labelling for products containing permanent magnets or critical minerals (electric vehicles, wind turbines, electric motors, household appliances).
Furniture and Mattresses (forthcoming Delegated Act)
ESPR requirements for furniture durability, repairability, recycled content, and presence of restricted substances (flame retardants, heavy metals).
4.3 Related Compliance Frameworks
REACH Regulation (EC 1907/2006)
Chemical safety data and substance of concern reporting, integrated into DPP documentation.
RoHS Directive (2011/65/EU)
Declaration of compliance for electrical and electronic equipment and restricted hazardous substances.
Forest Regulation (EU 2023/1115)
Deforestation and forest degradation due diligence requirements; DPP must include geolocation and sustainability sourcing documentation for wood-based and agricultural products.
4.4 Core Service Capabilities
1. Generate compliant DPPs for products covered by ESPR, sector-specific regulations, and related frameworks;
2. Host DPPs at dpp.flxy.io/{identifier} for public, B2B, or regulatory access;
3. Use optional AI-assisted functions (label/PDF OCR, text generation, translation) — outputs provided “as is” and require Customer verification;
4. Ensure data accessibility for at least the typical product lifetime plus 10 years, in compliance with ESPR Art. 8 and sector-specific retention mandates.
Core data are stored on Google Cloud EMEA servers (ISO/IEC 27017 certified, TLS 1.3).
Fluxy One offers two billing models:
Pay-per-Passport (PPP):
Invoiced monthly in arrears based on the number of DPPs created and/or updated during the billing period. Pricing per DPP appears in Annex A.
Annual Subscription:
Fixed annual fee charged in advance, granting unlimited DPP creation and management for the subscription period. Renewal invoiced annually on the contract anniversary.
Late payments accrue 1% interest per month.
Full pricing details and current rates appear 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.
7.1 Ownership
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.
7.2 Data Accuracy & Liability
Customer represents and warrants that:
• All Customer Data submitted is accurate, complete, and up-to-date;
• Customer holds lawful rights to use and publish all product identifiers (GTIN, GLN, batch numbers), technical documentation, certifications, and material composition data;
• All content, images, photographs, diagrams, trademarks, brand names, logos, and marketing materials included in the DPP are either owned by Customer or duly licensed with explicit permission from the copyright/trademark holder;
• Customer Data does not infringe any third-party intellectual property, privacy, or publicity rights;
• Customer Data complies with ESPR Art. 8 and sector-specific regulatory requirements for DPP completeness and accuracy;
• Customer will promptly notify Fluxy One of any material changes to product specifications, regulatory status, or contact information.
7.3 Customer Responsibility for Intellectual Property, Trademarks & Media
⚠️ CRITICAL: CUSTOMER LIABILITY FOR IP, TRADEMARKS & UNLAWFUL USE
Fluxy One hereby disclaims all responsibility for the unlawful, unauthorized, or infringing use of:
• Trademarks, brand names, logos, and proprietary graphics;
• Copyrighted materials, photographs, images, and design elements;
• Third-party brand names, slogans, and marketing content;
• Confidential or proprietary information belonging to other parties.
Customer alone bears full legal responsibility for:
1. Verifying ownership or authorization of all intellectual property, images, and content included in the DPP;
2. Securing written permission from trademark owners, photographers, copyright holders, and third-party licensors before publishing any content via the Service;
3. Indemnifying Fluxy One against all claims, damages, injunctions, and enforcement actions arising from infringing or unlawful use of IP, trademarks, or media;
4. Paying all associated legal costs, damages awards, and regulatory fines if third-party IP infringement or trademark disputes arise.
Fluxy One shall NOT be liable for:
• Trademark infringement disputes or cybersquatting claims;
• Unauthorized use of brand names, logos, or proprietary designs;
• Copyright infringement related to images, photos, or media;
• Counterfeit claims or brand impersonation;
• Unauthorized use of third-party names, marks, or identities.
If Fluxy One receives notice of IP infringement or legal challenge, Customer must immediately remove the infringing content, cease use, and indemnify Fluxy One within 5 business days. Failure to do so may result in immediate suspension of the DPP and/or account termination.
7.4 Customer Obligation to Update Data
Customer is solely responsible for:
• Monitoring the accuracy of published DPPs;
• Updating data when product specifications, regulatory requirements, or certifications change;
• Generating new DPPs when updates cannot be applied to existing published passports (e.g., changes to GTIN, product category, or regulatory status).
New DPP generation is subject to the applicable pricing plan (PPP or annual subscription).
7.5 Disclaimer of Liability for Customer Data
Fluxy One acts solely as a technical service provider and data processor under GDPR. Fluxy One does not verify, validate, or guarantee the accuracy, completeness, or regulatory compliance of Customer Data.
Customer assumes full legal responsibility for:
• Compliance with ESPR, sector-specific DPP regulations, REACH, RoHS, Forest Regulation, CRMA, and all applicable EU and national laws;
• Accuracy of product identifiers, material composition, sustainability claims, and certifications;
• Any regulatory penalties, product recalls, market withdrawals, or third-party claims arising from inaccurate or incomplete DPP data;
• Unlawful, deceptive, or infringing use of intellectual property, trademarks, or media within DPPs.
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 or violates ESPR data accuracy requirements.
Fluxy One shall not be liable for Customer’s use of infringing or unlawful content, even if Fluxy One temporarily hosts such content before removal.
Platform uptime:
Fluxy One commits to maintaining platform availability of ≥ 99.5% per calendar month. In the event of downtime exceeding this threshold, Customer is entitled to a pro-rata credit on the next monthly invoice.
Support response times:
Fluxy One aims to provide first-level support response within 24 hours (Mon–Fri, 08:00–18:00 CET). Priority-1 (critical) issues receive escalation to senior engineering within 4 hours.
Remedy:
Escalation to senior engineer and prioritized troubleshooting.
10.1 Data Processing Roles
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).
10.2 Disclosure to Regulatory Authorities
Customer explicitly consents that Fluxy One may disclose Customer Data (including DPP content, payment records, account information, and transaction logs) to:
• EU regulatory authorities (European Commission, national market surveillance authorities, customs authorities);
• National data protection authorities (GDPR supervisory authorities);
• Product safety and compliance bodies (REACH, RoHS, ESPR, PPWR enforcement agencies);
• Law enforcement agencies when required by EU or Latvian law;
• Independent third-party DPP hosting providers to ensure long-term data accessibility as required by ESPR Art. 8.
This disclosure is mandatory under ESPR Art. 8, 27 and does not require additional consent.
10.3 Data Retention for Regulatory Compliance
All DPP data, payment logs, and account records are retained for:
• Minimum 10 years from last paid billing period (ESPR Art. 8 requirement);
• Longer periods if required by sector-specific delegated acts (batteries, construction, textiles, etc.).
GDPR erasure requests will be honoured for personal data, except where legal retention obligations apply.
The optional AI modules are classified as “limited-risk” systems under Regulation (EU) 2024/1689 (EU AI Act).
Outputs are provided “as is”; Customer must verify accuracy before publication.
Fluxy One retains technical logs for 6 years to meet AI Act 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.
Fluxy One does not warrant that Customer Data will meet ESPR or sector-specific regulatory compliance requirements without Customer verification and validation.
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;
• Regulatory fines or penalties arising from inaccurate, incomplete, or unlawful Customer Data;
• Product recalls, market withdrawals, or third-party claims related to DPP content or infringing IP;
• Loss of business, revenue, or data resulting from Customer’s failure to update DPPs or comply with applicable regulations;
• Third-party trademark, copyright, or IP infringement claims;
• Unlawful use of brands, trademarks, or media within DPPs.
Customer shall indemnify and hold Fluxy One harmless from any third-party claim, regulatory penalty, enforcement action, or legal cost arising from:
• Inaccurate, incomplete, or misleading Customer Data;
• Customer’s failure to comply with ESPR, REACH, RoHS, sector-specific DPP regulations, or Forest Regulation;
• Customer’s infringement of third-party IP, privacy, or publicity rights;
• Unauthorized or infringing use of trademarks, brand names, logos, copyrighted images, or media within DPPs;
• Unlawful, deceptive, or brand-impersonating content;
• Customer’s misuse of the Service or violation of these Terms.
Customer shall cover all legal fees, court costs, damages awards, injunctions, and regulatory fines associated with such claims.
• 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 per ESPR Art. 8, then deleted, unless EU delegated acts specify longer retention.
• 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, Lettonie
Email: legal@fluxy.one
DPO: dpo@fluxy.one
