Terms and Conditions

§ 2 – Subject Matter and Service Description

2.1. DPP Hero is a software tool (Software as a Service) for the creation and management of digital product passports. The Platform enables Users to capture, manage, and export product data in a structured manner. The data structure is based on DIN DKE SPEC 99100:2025-02. DPP Hero provides software functionality exclusively and does not render any services beyond that.

2.2. The scope of services of the Platform includes in particular:

(a) Product Data Capture: Structured input of product data in a multi-step process (identification, materials and composition, carbon footprint, supply chain due diligence, circularity and resource efficiency, performance and durability, labeling and documentation);

(b) Document Upload: Uploading of documents (PDF, image files) to supplement the product data;

(c) Product Preview: Internal preview of captured product data prior to any publication;

(d) Publication: Ability to make captured product data available via a publicly accessible URL;

(e) Digital Signing: HMAC-SHA256-based integrity verification of product data (not a qualified electronic signature within the meaning of the eIDAS Regulation);

(f) Supplier Data Capture: Token-based share links through which third parties (e.g., suppliers) can contribute product data without needing their own user account;

(g) Organization Management: Management of company master data and public company profiles;

(h) Export: Export of product data in structured formats (PDF, JSON);

(i) Subscription Management: Management of the chosen subscription, access to invoices, and access to the payment portal.

2.3. The current scope of features is determined by the service description on dpphero.com as well as the functions visible in the User dashboard. DPP Hero reserves the right to expand, adapt, or discontinue individual features at any time as part of the ongoing development of the Platform, provided that the contractually agreed core scope of services is not materially restricted and the change is reasonable for the User.

2.4. DPP Hero provides the Platform "as is." Representations on the website, in marketing materials, or in the user interface serve as general information and do not constitute a binding assurance of specific characteristics or results.

§ 3 – Distinction – No DPP-Serviceprovider, No Regulatory Advisory

3.1. DPP Hero is exclusively a software tool. DPP Hero is not a DPP service provider (DPP-Serviceprovider) within the meaning of Art. 11 of Regulation (EU) 2024/1781 (Ecodesign for Sustainable Products Regulation – ESPR) and does not claim to be one. DPP Hero does not perform any registration, certification, or other tasks that are incumbent upon a DPP-Serviceprovider under the ESPR.

3.2. No regulatory advisory. None of the services provided by DPP Hero constitutes legal, regulatory, technical, or other professional advice. DPP Hero does not replace the advice of lawyers, auditors, technical experts, or other professionals. No advisory relationship is established between DPP Hero and the User through the use of the Platform.

3.3. No conformity assurance. DPP Hero does not make any representation, warranty, or other statement that the product data, product passports, or documents created with the Platform meet the requirements of Regulation (EU) 2023/1542 (EU Battery Regulation), the ESPR, national implementing legislation, Delegated Acts, harmonized standards, or other regulatory requirements. The use of DPP Hero does not automatically ensure compliance with regulatory requirements.

3.4. DIN DKE SPEC 99100 as guidance. The data structure of the Platform is based on DIN DKE SPEC 99100:2025-02. This specification is a pre-standard and may change upon publication of the Delegated Acts pursuant to Art. 77 and Art. 78 of the EU Battery Regulation. DPP Hero does not warrant that the data structure of the Platform corresponds to the current or future state of standardization at all times.

3.5. User responsibility. The responsibility for the substantive accuracy, completeness, currency, and regulatory conformity of the data entered into the Platform lies exclusively with the User. The User, as an Economic Operator (manufacturer, importer, authorized representative, or distributor), is solely responsible for ensuring that their digital product passports meet the applicable legal requirements at any given time. DPP Hero does not review the data entered by the User for substantive accuracy, completeness, or conformity.

3.6. Recommendation for professional advice. DPP Hero expressly recommends that the User seek advice from qualified professionals (in particular lawyers, certification bodies, industry associations) to ensure regulatory conformity of their digital product passports. This applies in particular with regard to national particularities in the implementation of European requirements.

3.7. Non-binding nature of guidance. Insofar as the Platform contains guidance, help texts, tooltips, fill aids, sample data, or other orientation aids, these are non-binding and do not constitute advice. The User may not rely on such guidance as binding legal or regulatory statements.

§ 4 – Conclusion of Contract and Registration

4.1. The presentation of services and prices on the website dpphero.com does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer (invitatio ad offerendum).

4.2. Registration of a user account takes place via the website dpphero.com. By completing the registration, the User submits a binding offer to conclude a usage agreement. The contract is concluded when DPP Hero activates the user account and grants the User access to the Platform.

4.3. Each User must create an individual user account in order to use the Platform. Guest access or anonymous use is not permitted. Account creation is required to ensure proper identification, security, and administration of Platform usage.

4.4. There is no entitlement to registration or conclusion of a contract. DPP Hero reserves the right to reject registration without stating reasons or to make it subject to additional verification requirements.

4.5. The User is obligated to provide complete and truthful information during registration and during subsequent use of the Platform. Changes to the provided data must be updated promptly in the user account. DPP Hero reserves the right to verify the accuracy of the information and, in the event of justified doubts regarding the accuracy, legitimacy, or authenticity of the information, to restrict or block access to the Platform.

§ 5 – Customer Account and Onboarding

5.1. After registration, the User completes a one-time setup process (onboarding) in which basic organizational data is captured. The onboarding includes in particular company name, business address, and — for Users based in an EU Member State outside Germany — the VAT identification number (VAT ID). Access to the dashboard is only activated after completion of the onboarding.

5.2. The User is obligated to keep their access credentials (in particular password) strictly confidential and not to disclose them to unauthorized third parties. Passwords must be securely chosen. The User is liable for all activities carried out via their user account and must ensure that the dashboard is only used by authorized persons.

5.3. DPP Hero offers the option of two-factor authentication (2FA) using time-based one-time passwords (TOTP). Activation of 2FA is recommended but not mandatory. The User bears the responsibility for the secure storage of their 2FA access credentials.

5.4. The User is obligated to inform DPP Hero immediately of any unauthorized use of their account or other security breaches. DPP Hero is not liable for damages resulting from unauthorized access or misuse of the account, unless such damages were caused by fault attributable to DPP Hero.

5.5. The User may request deletion of their account at any time via the account settings. The deletion request will be processed by DPP Hero within a reasonable period. Upon account deletion, all personal data not subject to statutory retention obligations will be irrevocably deleted. Insofar as statutory retention periods apply (e.g., for tax and commercial law documents), the relevant data will be blocked and automatically deleted upon expiry of the statutory retention period. The User is obligated to export their data prior to account deletion insofar as they continue to need it. An active subscription must be canceled prior to account deletion.

§ 6 – User Obligations

6.1. Data responsibility. The User is solely responsible for the substantive accuracy, completeness, and currency of all data entered into the Platform by them. This includes in particular product data, material compositions, carbon footprint data, due diligence information, circularity data, performance data, as well as labeling and conformity documents. DPP Hero does not perform any substantive review of User data.

6.2. Verification obligation prior to publication. The User is obligated to carefully verify their product data for accuracy, completeness, and compliance with applicable regulatory requirements prior to publication via the Platform. DPP Hero expressly points out that the mere entry of data into the Platform does not ensure their regulatory conformity.

6.3. Lawful use. The User undertakes to use the Platform exclusively for lawful purposes and in accordance with these Terms. In particular, the User undertakes:

(a) not to enter any false, misleading, or fraudulent data into the Platform;

(b) not to enter any data or upload any documents that infringe the rights of third parties (in particular copyrights, trademark rights, trade secrets);

(c) not to enter any data that violate applicable law, in particular export control laws, sanctions regulations, or other statutory prohibitions;

(d) not to use any programs, algorithms, or other software that may impair the functionality of the Platform or cause an unreasonable burden on the infrastructure;

(e) not to use the Platform for purposes that go beyond the contractually agreed scope of services.

6.4. Regulatory self-responsibility. The User, as an Economic Operator, is solely responsible for ensuring that their use of the Platform and the product data created by them comply with all applicable laws and regulations in their respective jurisdiction. This includes in particular the obligations under the EU Battery Regulation (EU) 2023/1542, the ESPR (EU) 2024/1781, national implementing legislation, as well as any Delegated Acts and harmonized standards.

6.5. Duty to cooperate. The User supports DPP Hero in the fulfillment of the contract by providing required information in a timely and complete manner and by responding to inquiries from DPP Hero within a reasonable period.

§ 7 – Usage Rights and Restrictions

7.1. DPP Hero grants the User, for the duration of the contractual relationship, a simple (non-exclusive), non-transferable, non-sublicensable right to use the Platform within the scope of the contractually agreed services and the chosen subscription.

7.2. The right of use is limited to the number of products and features included in the respective subscription. Any use beyond the agreed scope requires the prior written consent of DPP Hero.

7.3. The User may not:

(a) sublicense, resell, rent, or otherwise make the Platform available to third parties;

(b) decompile, disassemble, reverse engineer, or otherwise attempt to obtain the source code of the Platform, unless this is expressly permitted under mandatory statutory provisions (in particular § 69e UrhG (German Copyright Act));

(c) copy, modify, alter, or create derivative works based on the Platform;

(d) use the Platform to build a competing product or service;

(e) use the Platform for automated mass data retrieval (scraping, crawling).

7.4. The data entered and documents uploaded by the User into the Platform remain the property of the User. DPP Hero does not acquire any usage rights to User data beyond those required for the performance and execution of the contract. DPP Hero is entitled to store, process, and make available User data to the extent necessary within the framework of the agreed features (in particular publication, share links, export, preview).

7.5. DPP Hero is entitled to use anonymized and aggregated usage data (e.g., Platform usage statistics, error reports) exclusively for the further development and improvement of the Platform, insofar as such data do not allow any conclusions about individual Users or their trade secrets.

§ 8 – Subscriptions, Prices, and Payment Terms

8.1. The use of the Platform is based on subscriptions. DPP Hero offers various subscription plans, the respective scope of services and price of which are set out in the current pricing overview on dpphero.com. In addition, a free plan with limited functionality is offered.

8.2. All prices displayed on the website and in the dashboard are in euros (€) and are net prices plus the applicable statutory value-added tax, unless otherwise indicated.

8.3. Payment of subscription fees is made in advance for the respective billing period (monthly). Billing and payment processing are handled through the payment service provider Stripe (Stripe, Inc.). The available payment methods are determined by the offerings of Stripe and are displayed during the checkout process.

8.4. By selecting a paid subscription and completing the checkout process, the User submits a binding offer to conclude a subscription agreement. The subscription agreement is concluded upon successful payment processing and activation of the chosen plan.

8.5. Upgrades to a higher-tier plan take effect immediately. The difference from the amount already paid for the current billing period is calculated on a pro-rata basis (proration). Downgrades to a lower-tier plan take effect at the end of the current billing period; until then, the existing scope of services remains in effect.

8.6. All payments and transactions are recorded in the "Billing" section of the dashboard and are available for the User to view at any time. Invoices are provided to the User in electronic form (PDF).

8.7. If the User is in default of payment, DPP Hero is entitled to restrict or block access to the Platform after prior notice. The statutory consequences of default (in particular default interest pursuant to § 288 BGB (German Civil Code)) remain unaffected.

8.8. Price adjustments for Business Customers (§ 14 BGB (German Civil Code)). DPP Hero is entitled to adjust subscription prices for Business Customers with a notice period of at least six (6) weeks prior to the next billing period. The Business Customer will be informed of the price change by email. If the Business Customer does not object within fourteen (14) days after receipt of the notification in text form, the price change shall be deemed accepted. This legal consequence shall be specifically noted in the notification. In the event of an objection, DPP Hero is entitled to terminate the contractual relationship at the end of the current billing period; until then, the previous price shall apply.

8.9. Price adjustments for Consumers (§ 13 BGB (German Civil Code)). Price changes for Consumers shall only take effect at the beginning of a new billing period and require the active consent of the Consumer. DPP Hero shall inform the Consumer at least six (6) weeks prior to the next billing period by email of the planned price change. The new price shall only apply if the Consumer actively renews the subscription after receipt of the price change notification or gives explicit consent. If the Consumer does not consent, the subscription shall continue at the previous price until the end of the current billing period and shall not be renewed. Tacit consent through silence or mere continued use shall not apply.

§ 9 – Contract Duration and Termination

9.1. The usage agreement for the free plan is concluded for an indefinite period and may be terminated by either party at any time without observing a notice period.

9.2. Paid subscriptions have a term of one month each (billing period) and are automatically renewed for another billing period unless the User cancels the subscription before the expiry of the current billing period.

9.3. Cancellation of a paid subscription may be made via the Stripe customer portal (accessible via the "Billing" section in the dashboard) or in text form (e.g., by email to support@dpphero.com). The cancellation takes effect at the end of the current billing period. No refund of fees already paid for the current billing period will be made, unless DPP Hero has failed to provide the service or has not provided it in accordance with the contract.

9.4. The right to extraordinary termination for good cause remains unaffected. Good cause for DPP Hero exists in particular if:

(a) the User repeatedly or seriously violates these Terms;

(b) the User uses the Platform for unlawful purposes;

(c) the User has provided false or misleading information;

(d) the User is in default of payment of subscription fees in the amount of at least two monthly installments despite a reminder;

(e) insolvency proceedings are opened against the User's assets or the opening is rejected for lack of assets.

9.5. In the event of extraordinary termination by DPP Hero, DPP Hero is entitled to block the user account and, after expiration of a reasonable period (at least 30 days), to delete all stored data, insofar as no statutory retention obligations apply.

9.6. Upon termination of the contractual relationship — regardless of the reason — the User is obligated to back up their data via the export functions provided in the Platform before the end of the contractual relationship. DPP Hero shall make the data available for export for a period of thirty (30) calendar days after the end of the contract. After expiry of this period, DPP Hero is entitled to irrevocably delete all User data, insofar as no statutory retention obligations apply.

9.7. Published product data (public passport URLs) will be deactivated upon termination of the contractual relationship. DPP Hero assumes no responsibility for the continued accessibility of public passport URLs after the end of the contract.

§ 10 – Availability and Maintenance

10.1. DPP Hero endeavors to provide the Platform as uninterruptedly as possible. DPP Hero aims for an average Platform availability of 99.5% on a monthly average (hereinafter "target availability"). No guarantee for a specific availability is given.

10.2. The following periods shall not be taken into account when calculating availability:

(a) scheduled maintenance work, which is carried out, where possible, outside of peak usage times and, where possible, announced in advance by email or in the dashboard;

(b) unscheduled maintenance work or technical measures necessary to ensure system stability or security;

(c) outages or interruptions caused by force majeure, cyberattacks, disruptions at third-party providers (in particular hosting providers, database services, payment service providers), or other circumstances beyond the control of DPP Hero;

(d) outages or interruptions caused by the User's use of the Platform in breach of the contract.

10.3. DPP Hero takes reasonable technical and organizational measures to ensure stable operation of the Platform. Temporary unavailability of the Platform due to the circumstances specified in § 10.2 does not constitute a material defect and does not give rise to any claim for reduction, damages, or other compensation.

§ 11 – Support

11.1. DPP Hero provides the User with support by email (support@dpphero.com). Support includes assistance with technical questions regarding Platform usage and with the resolution of malfunctions.

11.2. Support requests are processed according to reasonable priority. No fixed response time is guaranteed. DPP Hero endeavors to respond to requests within two (2) business days.

11.3. Support does not include substantive advice on regulatory requirements, any review of the data entered by the User for accuracy or conformity, or any legal, tax, or technical professional advice. § 3 of these Terms applies accordingly.

11.4. DPP Hero reserves the right to reject support requests that are irrelevant, abusive, or made with unreasonable frequency.

11.5. DPP Hero assumes no responsibility for damages or losses resulting from delays in or failure to provide support responses, unless such delays or failures are attributable to DPP Hero's own fault or negligence.

§ 12 – Data Entry, Data Responsibility, and Verification Obligation

12.1. The Platform enables the User to enter product data in a structured, multi-step process. The input fields and their structure are based on DIN DKE SPEC 99100:2025-02. DPP Hero does not warrant that the input fields fully correspond to the current or future state of standardization or regulatory requirements at all times.

12.2. The User acknowledges that they are solely responsible for the substantive completeness and accuracy of the product data captured by them. Any liability of DPP Hero for the substantive accuracy of the data entered by the User is excluded to the fullest extent permitted by law.

12.3. The Platform may contain validation mechanisms (e.g., mandatory field checks, format checks, completeness indicators). These serve exclusively as technical aids and do not replace the User's verification obligation pursuant to § 6.2. Passing a technical validation does not constitute a statement regarding the regulatory conformity of the entered data.

12.4. Certain data fields on the Platform are marked as "public"; others as "regulatory/restricted." This designation serves to inform the User about the intended visibility of the data in the event of publication. The designation does not constitute a legally binding classification within the meaning of regulatory requirements. The User is responsible for ensuring the accessibility of their data in accordance with applicable regulations.

12.5. DPP Hero automatically saves the data entered by the User (auto-save). The User acknowledges that automatic saving is not a substitute for independent data backup. DPP Hero recommends that the User regularly export their data.

§ 13 – Document Uploads

13.1. The Platform enables the uploading of documents (in particular PDF, JPEG, PNG, WebP) to supplement the product data. Permitted file formats and maximum file sizes are displayed in the user interface.

13.2. The User ensures and warrants that:

(a) they hold all necessary rights to the uploaded documents;

(b) the uploaded documents do not infringe the rights of third parties (in particular copyrights, trademark rights, data protection rights);

(c) the uploaded documents do not contain malicious software (viruses, trojans, malware);

(d) the content of the uploaded documents does not violate applicable law.

13.3. DPP Hero is entitled to technically process uploaded image files for the purpose of service optimization (e.g., compression, format conversion, resizing). No substantive modification of the documents takes place.

13.4. DPP Hero does not review uploaded documents for substantive accuracy, completeness, currency, or conformity with regulatory requirements.

13.5. Uploaded documents are stored on the servers of DPP Hero during the term of the contract. Upon termination of the contractual relationship, § 9.6 applies accordingly.

§ 14 – Publication of Product Data

14.1. The Platform offers the User the ability to make their captured product data available via a publicly accessible URL (hereinafter "publication"). Publication takes place exclusively at the express initiative of the User.

14.2. By publishing, the User declares that:

(a) they have verified the published product data for accuracy, completeness, and compliance with applicable regulatory requirements;

(b) they are authorized to make the product data publicly accessible;

(c) the publication does not infringe the rights of third parties or violate applicable law;

(d) they assume sole responsibility for the published content.

14.3. Publication via the Platform does not constitute registration of the product passport in an official register (in particular not in the EU Registry pursuant to the ESPR). The potential registration obligation and its fulfillment is solely incumbent upon the User as an Economic Operator.

14.4. DPP Hero hosts published product data on the Platform but assumes no responsibility for its content. DPP Hero is entitled to remove published product data or block access if:

(a) a violation of these Terms exists or there is reasonable suspicion of such a violation;

(b) DPP Hero is requested by third parties to remove content (e.g., in the case of legal violations);

(c) the contractual relationship is terminated;

(d) the publication violates applicable law.

14.5. DPP Hero does not offer long-term hosting. The availability of published product data is tied to the term of the usage agreement. After the end of the contract, published product data will be deactivated in accordance with § 9.7.

§ 15 – Digital Signature and Integrity Verification

15.1. The Platform offers an HMAC-SHA256-based integrity verification for product data (hereinafter "digital signing"). In this process, a cryptographic hash value of the product data is calculated and signed with a key stored on the server.

15.2. The digital signing is not a qualified electronic signature within the meaning of Regulation (EU) No. 910/2014 (eIDAS Regulation) and does not have its legal effect. The digital signing serves exclusively for the integrity verification of the product data, i.e., for determining whether the data has been altered since the time of signing.

15.3. DPP Hero maintains a log of all signing operations (audit trail). This log includes the time of signing, the hash value, and the User who performed the signing.

15.4. The digital signing does not constitute a confirmation, verification, or review of the substantive accuracy, completeness, or regulatory conformity of the signed data by DPP Hero. The responsibility for the accuracy of the signed data lies exclusively with the User.

15.5. DPP Hero limits the number of re-signings per product and time period to prevent misuse of the feature.

§ 16 – Supplier Data Capture (Share Links)

16.1. The Platform offers — depending on the chosen subscription — the ability to create token-based share links (hereinafter "share links"). Through share links, third parties (e.g., suppliers) can contribute product data to individual data sections without having their own user account with DPP Hero.

16.2. Share links have an expiration date set by the User and are generally single-use. The User is responsible for sharing share links only with authorized and trustworthy recipients.

16.3. The User is solely responsible for:

(a) the selection of share link recipients;

(b) the verification of data received via share links and automatically incorporated into the product data for accuracy and completeness; the User acknowledges that data transmitted via share links is automatically incorporated into the respective product data and that it is their responsibility to review this data promptly and correct it if necessary;

(c) obtaining any required consents or data protection approvals for the transmission of data by third parties;

(d) informing recipients about the purpose of data collection and the applicable data protection provisions.

16.4. DPP Hero assumes no responsibility for the accuracy, completeness, or lawfulness of data transmitted via share links. The verification obligation pursuant to § 6.2 applies accordingly.

16.5. DPP Hero provides share link recipients with basic information about DPP Hero, the purpose of data collection, and data protection. This does not release the User from their own data protection information obligation toward their suppliers.

§ 17 – Warranty and Disclaimer

17.1. DPP Hero provides the Platform in the form available at the respective time. DPP Hero makes no express or implied representations or warranties with respect to:

(a) the fitness of the Platform for a particular purpose;

(b) the uninterrupted, error-free, or secure operation of the Platform;

(c) the accuracy, reliability, or completeness of information generated or processed by the Platform;

(d) the correction of all errors or defects in the Platform.

17.2. Insofar as the Platform has defects, DPP Hero shall provide supplementary performance at its own discretion by remedying the defect or providing a workaround. There is no entitlement to the establishment of a specific condition or to specific features, unless these are expressly part of the contract.

17.3. Obvious defects must be reported by the User immediately, at the latest within 14 days of discovery, in writing or in text form. In the event of failure to provide timely notification, the services shall be deemed approved, except in cases of fraudulently concealed defects.

17.4. Warranty is excluded for defects attributable to the fact that:

(a) the User uses the Platform in a manner that does not correspond to its intended use;

(b) the User has entered erroneous or incomplete data;

(c) the Platform has been modified by unauthorized interventions of the User or third parties;

(d) the malfunction is caused by circumstances beyond the control of DPP Hero (e.g., disruptions at third-party providers, internet outages, force majeure).

§ 18 – Limitation of Liability

18.1. DPP Hero shall be liable without limitation:

(a) in cases of intent and gross negligence;

(b) for damages resulting from injury to life, body, or health;

(c) within the scope of a guarantee assumed by DPP Hero(insofar as such a guarantee has been expressly given);

(d) under the provisions of the Produkthaftungsgesetz (ProdHaftG – German Product Liability Act);

(e) within the scope of mandatory statutory liability, in particular under the Datenschutz-Grundverordnung (DSGVO (GDPR) – General Data Protection Regulation).

18.2. In cases of slightly negligent breach of material contractual obligations (cardinal obligations), the liability of DPP Hero shall be limited in amount to the foreseeable, contract-typical damage. Material contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Contractual Partner may regularly rely.

18.3. Beyond this, the liability of DPP Hero — to the extent permitted by law — is excluded.

18.4. The liability of DPP Hero for claims for damages arising from slightly negligent breach of material contractual obligations is limited per calendar year to a total amount equal to the remuneration paid by the User to DPP Hero in the relevant calendar year (maximum liability amount). This limitation of liability also applies in the case of data loss.

18.5. DPP Hero shall not be liable for:

(a) lost profits, indirect damages, consequential damages, or claims of third parties against the User;

(b) damages resulting from the substantive inaccuracy, incompleteness, or lack of regulatory conformity of the data entered by the User;

(c) damages resulting from the User relying on the Platform as the sole basis for meeting regulatory obligations without conducting an independent professional review;

(d) damages resulting from the use of digital signing as proof of regulatory conformity;

(e) damages resulting from the acts or omissions of third parties to whom the User has granted access via share links;

(f) fines, penalty payments, regulatory orders, or other regulatory sanctions imposed on the User as an Economic Operator;

(g) damages resulting from temporary unavailability of the Platform (cf. § 10);

(h) damages resulting from the conduct of third-party providers (in particular hosting providers, payment service providers, certification bodies).

18.6. The foregoing limitations and exclusions of liability shall also apply in favor of the legal representatives, employees, and vicarious agents of DPP Hero.

18.7. Insofar as the liability of DPP Hero is excluded or limited, this shall also apply to the personal liability of the employees, representatives, and vicarious agents of DPP Hero.

§ 19 – Indemnification

19.1. The User shall indemnify and hold harmless DPP Hero, its legal representatives, employees, and vicarious agents from all claims of third parties asserted against DPP Hero due to a culpable breach of these Terms by the User, due to the data entered or published by the User, or due to unlawful use of the Platform by the User. This includes in particular:

(a) claims of third parties for infringement of intellectual property rights through documents uploaded or data entered by the User;

(b) claims of third parties for the publication of false, misleading, or unlawful product data by the User;

(c) claims of authorities or regulatory bodies arising from the non-conformity of the product passports created by the User;

(d) claims of suppliers or other third parties in connection with the User's use of share links.

19.2. The User shall bear the reasonable costs of the necessary legal defense of DPP Hero, including all court and attorney fees at the statutory rate. This shall not apply insofar as the User is not responsible for the breach of duty.

19.3. The User is obligated to inform DPP Hero immediately of any claims by third parties and to provide DPP Hero with all information and documents necessary for the defense.

§ 20 – Data Protection

20.1. DPP Hero processes personal data of Users in accordance with applicable data protection regulations, in particular the Datenschutz-Grundverordnung (DSGVO (GDPR)) and the Bundesdatenschutzgesetz (BDSG – German Federal Data Protection Act). Further information on data processing can be found in the Privacy Policy, which is available at dpphero.com/privacy. For data-protection-specific requests (access, deletion, rectification, DPA), the User may contact DPP Hero at privacy@dpphero.com.

20.2. User responsibility. Insofar as the User enters personal data of third parties (e.g., contact persons, suppliers, business partners) into the Platform within the scope of Platform usage, the User is the data controller responsible for this data processing within the meaning of Art. 4 No. 7 DSGVO (GDPR). The User ensures that the entry of such data is based on a suitable legal basis and that the data subjects have been duly informed about the data processing.

20.3. Data processing agreement. Insofar as DPP Hero processes personal data on behalf of the User within the scope of contract performance, the parties shall conclude a separate data processing agreement (DPA) pursuant to Art. 28 DSGVO (GDPR). The DPA is available at dpphero.com/dpa and will be provided to the User upon conclusion of the contract.

20.4. Sub-processors. DPP Hero uses sub-processors in the provision of its services. These include in particular:

(a) Supabase, Inc. (database hosting, authentication, file storage);

(b) Vercel, Inc. (application hosting, edge network, serverless functions);

(c) Stripe, Inc. (payment processing);

(d) Resend, Inc. (email delivery).

A current list of sub-processors is maintained in the DPA and will be provided to the User upon request.

20.5. Communication. Communication between DPP Hero and the User generally takes place digitally via the dashboard or by email. Standard email communication may not be encrypted and therefore offers only limited confidentiality. By using these communication channels, the User consents to this form of contact.

20.6. Notifications. DPP Hero may send system-related messages containing important information about the Platform or service delivery (e.g., payment confirmations, subscription changes, security notices, updates to these Terms). Such messages are necessary for the operation of the Platform and cannot be unsubscribed from.

§ 21 – Confidentiality

21.1. The parties undertake to keep confidential all confidential information of the respective other party obtained within the scope of the contractual relationship and not to disclose it to third parties without the prior written consent of the other party. This obligation shall apply for the duration of the contractual relationship and for two (2) years beyond its termination.

21.2. Confidential information within the meaning of this provision includes all information that is designated as confidential or whose confidentiality is evident from the circumstances. This includes in particular trade secrets, technical information, customer data, pricing structures, and business strategies.

21.3. The confidentiality obligation shall not apply to information that:

(a) was already publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the receiving party;

(b) was already known to the receiving party prior to disclosure without any confidentiality obligation;

(c) is disclosed to the receiving party by an authorized third party without any confidentiality obligation;

(d) was independently developed by the receiving party;

(e) must be disclosed due to statutory obligation, administrative order, or court decision, provided that the receiving party shall promptly inform the disclosing party thereof.

§ 22 – Intellectual Property

22.1. All rights to the Platform, including the source code, design, user interface, documentation, trademarks, logos, and other marks of DPP Hero, shall remain with DPP Hero or its licensors. The User does not acquire any ownership rights or intellectual property rights to the Platform through these Terms, except as expressly provided in § 7.1.

22.2. The name "DPP Hero," the logo, and all associated trademarks and marks are the property of DPP Hero. The User is not entitled to use these trademarks or marks without the prior written consent of DPP Hero, unless the use is limited to a mere reference for identification purposes.

22.3. Feedback, suggestions, or improvement proposals submitted by the User to DPP Hero (hereinafter "Feedback") may be used by DPP Hero without compensation and without restriction for the further development of the Platform. The User waives any claims in this regard.

§ 23 – Right of Withdrawal for Consumers

23.1. If the User is a Consumer within the meaning of § 13 BGB (German Civil Code), they are generally entitled to a right of withdrawal pursuant to §§ 312g, 355 BGB (German Civil Code).

23.2. Withdrawal instructions: You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us (DPP Hero, Niels van Veen, Hoher Holzweg 17, 30966 Hemmingen, Deutschland, email: support@dpphero.com) by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send the notification of exercise of the right of withdrawal before the expiry of the withdrawal period.

23.3. Consequences of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

23.4. Premature expiry of the right of withdrawal: The right of withdrawal shall expire prematurely if DPP Hero has begun to perform the contract only after the User has given their express consent and simultaneously confirmed their awareness that they will lose their right of withdrawal upon complete performance of the contract. The User will be expressly informed of this during the ordering process and must confirm this by activating the corresponding checkbox. For digital services, such as access to the DPP Hero Platform, the Consumer expressly consents, by accepting these Terms, that DPP Hero shall begin the provision of services immediately after the conclusion of the contract and that the right of withdrawal shall thereby expire.

23.5. Model withdrawal form (please complete and return this form only if you wish to withdraw from the contract):

§ 24 – Force Majeure

24.1. Neither party shall be liable for the non-performance or delayed performance of its obligations under the contract insofar as the non-performance or delay is attributable to circumstances of force majeure. Force majeure includes in particular natural disasters, epidemics, pandemics, wars, acts of terrorism, strikes, lockouts, governmental measures, legislative changes, power outages, telecommunications outages, cyberattacks, failures of third-party providers, and other unforeseeable events beyond the reasonable control of the affected party.

24.2. The affected party shall promptly inform the other party of the existence and expected duration of the impediment and shall make reasonable efforts to minimize the effects of the impediment.

24.3. If a force majeure event lasts longer than three (3) months, either party shall be entitled to terminate the contract with a notice period of thirty (30) days.

§ 25 – Amendments to the Terms

25.1. DPP Hero reserves the right to amend these Terms, also for existing contractual relationships, insofar as the amendment is necessary or objectively justified due to legislative changes, court decisions, changes in the regulatory framework, technical developments, or changed market conditions.

25.2. The User will be informed of planned amendments at least six (6) weeks before they take effect by email. The amended provisions will be separately highlighted.

25.3. Amendments to Terms for Business Customers (§ 14 BGB (German Civil Code)). The Business Customer has the right to object to the planned amendments within fourteen (14) days after receipt of the amendment notification in text form. If the Business Customer does not object within this period, the amended Terms shall be deemed accepted. This legal consequence shall be specifically noted in the amendment notification. If the Business Customer objects, DPP Hero is entitled to terminate the contractual relationship at the time the amendment takes effect. In this case, § 9.6 applies accordingly.

25.4. Amendments to Terms for Consumers (§ 13 BGB (German Civil Code)). Material amendments to these Terms shall only become effective for Consumers if the Consumer actively consents to the amendments. DPP Hero shall send the amended Terms to the Consumer by email and request express consent. If the Consumer does not consent within thirty (30) days, the existing Terms shall continue to apply. DPP Hero is entitled in this case to terminate the contractual relationship with a notice period of four (4) weeks at the end of the current billing period. Tacit consent through silence or mere continued use shall not apply for Consumers.

§ 26 – Dispute Resolution

26.1. In the event of disputes in connection with the use of the Platform or these Terms, the User may first contact customer support. DPP Hero shall endeavor to reach an amicable resolution.

26.2. DPP Hero is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

26.3. The European Commission provides a platform for online dispute resolution (ODR), which is accessible at https://ec.europa.eu/consumers/odr.

§ 27 – Applicable Law and Jurisdiction

27.1. The contractual relationship between DPP Hero and the User shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding the provisions of private international law, insofar as such exclusion is legally permissible.

27.2. If the User is a merchant (Kaufmann), a legal entity under public law, or a special fund under public law (öffentlich-rechtliches Sondervermögen), the exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the registered office of DPP Hero. DPP Hero shall furthermore be entitled to bring legal action at the general place of jurisdiction of the User.

27.3. For Consumers, the statutory provisions on jurisdiction shall apply.

§ 28 – Final Provisions

28.1. Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The respective statutory provision shall take the place of the invalid or missing provision. In place of the invalid or unenforceable clause, that valid provision shall be deemed agreed which comes closest to the economic purpose of the original provision. The same shall apply to any gaps in the contract.

28.2. Side agreements, amendments, and supplements to these Terms require text form. This also applies to the waiver of this text form requirement.

28.3. The User is not entitled to transfer rights or obligations under this contract to third parties without the prior written consent of DPP Hero. DPP Hero is entitled to transfer rights and obligations under this contract to affiliated companies or legal successors, provided that this does not unreasonably disadvantage the User.

28.4. The failure of DPP Hero to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

§ 29 – Disclaimer

DPP Hero is a software tool for the creation and management of digital product passports. DPP Hero is not a DPP service provider within the meaning of ESPR Art. 11 and does not claim to be one. The responsibility for the substantive accuracy, completeness, and regulatory conformity of the captured data lies exclusively with the User (Economic Operator). DPP Hero assumes no liability for the regulatory conformity of the created product passports. The data structure of the Platform is based on DIN DKE SPEC 99100:2025-02. This specification is a pre-standard and may be subject to change. DPP Hero recommends consultation with qualified professionals to ensure regulatory conformity.

§ 30 – Contact

For questions regarding these Terms or the services offered: