Terms and conditions

These terms and conditions apply to all contracts for the use of the software-as-a-service platform 'Reguly' concluded between Bites GbR, Van-Douven-Straße 12, 40227 Düsseldorf (the 'provider'), and the customer. The offering is aimed exclusively at entrepreneurs within the meaning of § 14 BGB, legal entities under public law and special funds under public law; contracts with consumers are not intended. Deviating or conflicting terms of the customer only become part of the contract if and to the extent the provider expressly agrees to them in text form.

The subject of the contract is the time-limited provision of the Reguly platform as software-as-a-service over the internet. Reguly helps companies comply with product- and sustainability-related EU rules, in particular Regulation (EU) 2025/40 (PPWR), the Digital Product Passport (DPP) under Regulation (EU) 2024/1781 (ESPR) and Regulation (EU) 2024/1689 (AI Act) — among other things through compliance workflows, document generation and digital product information via QR codes. The specific scope of services is determined by the package selected or the individual agreement.

The provider makes the platform available to the customer in its current version for use over the internet. The feature scope is described in the service description on the website.

The customer is required to keep access credentials confidential and prevent unauthorised third-party access. The customer bears sole responsibility for content uploaded.

Irrespective of statutory warranty rights and the right to extraordinary termination, we refund fees already paid (on a pro-rata basis where applicable) if:

• a contractually agreed function is unusable for a significant period and we fail to remedy the defect for which we are responsible within a reasonable period despite being notified;
• the platform has a serious defect for which we are responsible that permanently prevents use in accordance with the contract;
• you reported the issue to us in advance and gave us the opportunity to remedy it within a reasonable period.

A refund is excluded to the extent that:

• the matter complained of results from an impermissible modification, faulty configuration or improper use carried out by you or third parties;
• you did not give us the opportunity to remedy the issue within a reasonable period before asserting the claim;
• it concerns services already used or fees for a billing period that has already elapsed.

The amount of remuneration is determined by the package agreed or the individual offer. All prices are net, plus the applicable statutory VAT. Unless agreed otherwise, remuneration is due in advance for the respective billing period. If the customer is in default of payment, the provider is entitled, after prior notice, to temporarily suspend access to the platform; further statutory rights remain unaffected.

The provider endeavours to achieve the highest possible availability of the platform on an annual average but does not owe uninterrupted availability. Excluded in particular are periods of scheduled maintenance, which the provider announces in advance where possible and schedules during off-peak times, as well as disruptions due to circumstances beyond the provider’s control (e.g. force majeure or disruptions at upstream providers). Support is provided via the channels stated in the contract or on the website.

Unless a fixed term is expressly agreed, the contract is concluded for an indefinite period and may be terminated by either party with 30 days’ notice to the end of the respective billing period (monthly or annual). The right to extraordinary termination for good cause remains unaffected. Termination requires at least text form (e.g. an email to info@reguly.eu). After the contract ends, the provider makes the data entered by the customer available for export for 30 days and then deletes it, unless statutory retention obligations apply.

The provision of the platform is governed by the rules of tenancy law (§§ 535 et seq. BGB). The provider remedies reported, reproducible defects within a reasonable period. Strict (no-fault) liability for defects already existing at the time of conclusion of the contract (§ 536a(1) alt. 1 BGB) is excluded. The customer must report defects without undue delay in a comprehensible form and reasonably assist the provider in narrowing them down.

The provider is liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health. In cases of simple negligence, the provider is liable only for breach of a material contractual obligation (cardinal obligation) whose fulfilment is essential to the proper performance of the contract and on whose observance the customer regularly relies; in such cases liability is limited to the foreseeable damage typical for the contract. Any further liability is excluded. Liability under the German Product Liability Act and under any expressly assumed guarantee remains unaffected. For the loss of data, the provider is liable only to the extent that the customer has ensured, through appropriate, regular backups, that lost data can be restored with reasonable effort.

The parties comply with the applicable data protection provisions. Insofar as the provider processes personal data on behalf of the customer in the course of providing the services, the parties conclude a data processing agreement pursuant to Art. 28 GDPR, which forms an annex to and part of this contract. The customer is and remains responsible for the lawfulness of the data it enters and the processing it instructs. Details of processing within the provider’s own area of responsibility are set out in the privacy policy.

For the term of the contract, the provider grants the customer a simple, non-transferable and non-sublicensable right to use the platform within the agreed scope. The provider acquires no rights in the content and data entered by the customer beyond the extent necessary to perform the contract. The provider is entitled to use anonymised or aggregated usage data to improve and secure the service.

The provider may amend these terms with effect for the future insofar as this is necessary to adapt to changed legal or technical conditions and the customer is not unreasonably disadvantaged thereby. Changes are notified to the customer in text form at least 30 days before they take effect. If the customer does not object within 30 days of receipt of the notice, the changes are deemed approved; the provider will specifically point out this consequence in the notice. If the customer objects in time, either party may terminate the contract as of the intended effective date.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Düsseldorf, provided the customer is a merchant, a legal entity under public law or a special fund under public law. Amendments and supplements to the contract require text form; this also applies to any waiver of this text-form requirement. Should individual provisions of these terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.