Terms of Service

§ 1 Scope of Application, B2B Use, Definitions

(1) These General Terms and Conditions (GTC) govern the business relationship between BaDuNi GmbH, Iberg 9, 77876 Kappelrodeck, Germany, registered at Amtsgericht Mannheim under HRB 751614, VAT ID: DE369274875, represented by Managing Director Sebastian Baßler (hereinafter "Provider") and the customer (hereinafter "Customer") for the use of the EPR Pilot software (hereinafter "Software"). Only the following terms apply exclusively to the business relationship between the Provider and the Customer. Deviating terms of the Customer are not recognized unless the Provider has expressly agreed to their validity in text form.

(2) The Software is directed exclusively at entrepreneurs within the meaning of § 14 BGB (German Civil Code) who use EPR Pilot in the course of their commercial or self-employed professional activity. Private use as a consumer within the meaning of § 13 BGB is excluded. The Customer confirms at contract conclusion that they are not ordering for private purposes.

(3) The Provider may request suitable proof of entrepreneurial activity or a clearly commercial purpose of use before or after contract conclusion, for example business registration, VAT identification number, or commercial register excerpt.

(4) The "Software" refers to the web application operated at epr-pilot.eu that enables commercial sellers to structure, understand, plausibility-check, and export sales and product data with regard to potential EPR-relevant working values (packaging, electronics, batteries).

(5) The "Customer" is the natural or legal person who enters into a contract with the Provider for the use of the Software.

(6) The "Contract" is the agreement between the Provider and the Customer, consisting of the service selected by the Customer and these GTC.

§ 2 Subject Matter of the Contract

(1) The Provider operates EPR Pilot as a SaaS web application accessible at epr-pilot.eu for commercial sellers who want to better understand and plausibility-check their data basis for EU Extended Producer Responsibility (EPR) obligations. The Software allows customers to import sales data, enrich it with product information, and generate analyses per country, per year, and per EPR area as a working basis.

(2) The use of the Software requires internet access and a current web browser. The Customer bears the costs for internet access and the necessary technical equipment.

(3) The Provider owes the Customer only the provision of the Software and no specific compliance outcome. The Software is an analysis and plausibility-checking tool and does not constitute legal, tax, or compliance advice. EPR Pilot does not create binding reportable quantities and does not submit reports to authorities, registers, system operators, or compliance bodies. The Customer remains solely responsible for reviewing, determining, and submitting their reportable data and for fulfilling their EPR obligations.

(4) EPR Pilot is independent software and is not affiliated with, endorsed by, or partnered with Amazon or any other marketplace platform. Data from Amazon or other sales channels is uploaded voluntarily by the Customer. The Provider has no access to the Customer's Amazon account.

§ 3 Conclusion of Contract

(1) Contract conclusion and contract performance are carried out for use of the Software in a B2B model.

(2) By creating an account, the Customer makes a binding offer to enter into a contract with the Provider. The Provider grants the Customer a free trial period of 14 days, during which the Customer can test the Software. The free trial begins upon account creation and confirmation by email.

(3) A paid contract is concluded when the Customer selects a subscription plan and completes the payment process. The contract is binding upon successful payment processing.

(4) The Customer is obligated to provide truthful and complete information during registration and to keep this information up to date. This applies in particular to name, email address, billing data, entrepreneurial status, and payment data.

(5) The Provider may reject an order or suspend access if there are reasonable doubts that the order is made for private purposes, with incorrect data, or in circumvention of the B2B restriction.

(6) In case of discrepancies between the German and English versions of these GTC, the German version shall prevail.

§ 4 Software Operation and Usage

(1) The Provider may restrict access to the Software if there is reasonable suspicion of misuse or if the security of the Software or other customers is at risk. The Provider will notify the Customer in advance whenever possible.

(2) The Provider may temporarily deactivate a Customer's account if: (a) there is a security risk, (b) the functionality of the Software is adversely affected, or (c) payment is more than 14 days overdue. The Provider will provide prior notice when practicable.

(3) The Provider makes reasonable efforts to ensure appropriate availability of the Software. Scheduled maintenance, security measures, force majeure, and outages of third-party providers are excluded.

(4) Third-party providers, payment providers, hosting providers, authentication services, external data sources, and marketplaces used by the Customer are subject to their respective availability levels and terms.

§ 5 Rights of Use

(1) The Customer receives a limited, non-exclusive, non-sublicensable, and non-transferable right to use the Software for their own business purposes for the duration of the contract.

(2) The Customer may not create screenshots or videos of the Software for publication without the prior written consent of the Provider.

(3) The Customer must comply with all applicable laws when using the Software. The Customer may not upload any content that is illegal, harmful, or infringes on the rights of third parties.

§ 6 Anonymized Product Data

(1) The Provider may use anonymized and aggregated product data — such as packaging weights, material classifications, and product categories — to improve the quality and completeness of the product database. This benefits all users by reducing manual data entry requirements.

(2) Only product properties are used (weight, material, category, dimensions). Sales quantities, revenue data, order volumes, or any data that could identify the Customer or their business activity are never used for this purpose.

(3) All data is fully anonymized before use. No link to the original Customer or their account is maintained. The Customer may object to this use at any time by contacting the Provider.

§ 7 Prices, Payment

(1) All prices are listed in euros and are exclusive of applicable value-added tax (VAT).

(2) The subscription fee is charged annually in advance, beginning on the date of contract conclusion.

(3) The Customer may change their payment method at any time. Invoices are sent electronically to the email address provided by the Customer.

(4) Payment is processed by Stripe Payments Europe, Ltd. or Stripe Technology Europe, Ltd. The Customer's payment data is transmitted directly to Stripe and is not stored by the Provider.

§ 8 Warranty and Disclaimer

(1) The Provider makes the Software available in its current version at any given time. No guarantee is given for the completeness, accuracy, or reliability of analyses, plausibility checks, export files, or values derived from the Software.

(2) The analyses provided by EPR Pilot serve solely as a tool and working basis for the Customer. They do not constitute binding reportable quantities and do not constitute legal, tax, or compliance advice. The Customer is solely responsible for professionally reviewing, adjusting, and approving all results before submitting data to national registration authorities, system operators, or compliance bodies.

(3) The Provider does not guarantee that the Software is free from errors or that it will operate without interruption. The Provider will make commercially reasonable efforts to correct known errors in a timely manner.

(4) The Software may rely on external data sources, Customer uploads, and third-party information, in particular Amazon data and product data providers such as Keepa. The Provider gives no warranty for the accuracy, completeness, timeliness, availability, or legal usability of such external data.

§ 9 Liability

(1) Claims for damages by the Customer are excluded unless they arise from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), or are based on intentional or grossly negligent breach of duty by the Provider, its legal representatives, or agents.

(2) In the event of a breach of cardinal obligations due to simple negligence, the Provider's liability is limited to foreseeable, contract-typical damages.

(3) The Provider is not liable for indirect damages, lost profits, or consequential damages, unless caused by intent or gross negligence.

(4) The Provider is not liable for damages resulting from incorrect or incomplete data provided by the Customer, nor for consequences arising from incorrect EPR registrations, reports, quantity statements, or authority submissions, even if the Customer used Software analyses or exports as a working basis.

(5) The Provider does not guarantee data integrity in the event of data loss. The Customer is responsible for maintaining their own backups of critical data.

§ 10 Term, Termination, Data After Termination

(1) Free trial contracts run for the agreed trial period and can be terminated at any time without notice.

(2) Paid subscription contracts run for an indefinite period. The Customer may cancel the subscription at any time. The cancellation takes effect at the end of the current billing period. No refunds are granted for partially used billing periods.

(3) The right to extraordinary termination for good cause remains unaffected for both parties.

(4) Termination can be carried out via the account settings or by sending an email to info@epr-pilot.eu.

(5) Upon termination, the Customer's workspace data (product data, order reports, analyses, and export data) will be retained for 30 days to allow for data export. After this period, all data will be permanently deleted. The Customer may request immediate deletion at any time.

§ 11 Data Protection

The Provider processes personal data in accordance with the privacy policy available at epr-pilot.eu/privacy. The Customer warrants that they will only transmit data for which there is a sufficient legal basis.

§ 12 Transfer of Rights

The Provider may transfer its rights and obligations under this contract to a third party with at least four weeks' prior notice to the Customer. In this case, the Customer has the right to terminate the contract.

§ 13 Changes to these GTC

(1) The Provider reserves the right to change these GTC, the functional scope of the Software, and prices. Changes will be communicated to the Customer at least 30 days in advance.

(2) The Customer will be informed of material changes in text form with at least 30 days' notice. The Customer may object to the changes in text form within this period.

(3) In the event of a timely objection, either party may terminate the contract as of the planned effective date of the change. Deemed consent by silence is not agreed.

(4) If no objection is made and the Customer continues to use the services after the changes take effect, the amended terms are deemed accepted. The Provider will separately point out this consequence in the change notice.

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the registered office of the Provider.

(3) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a provision that comes closest to the economic purpose of the invalid provision shall apply, unless this would constitute an unreasonable hardship for either party.