Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the EPR Compliance website at eprcompliance.co.uk and the EPR Compliance platform at app.eprcompliance.co.uk (together, the "Service"), operated by Passport Digital Limited ("we", "us", "our"), a company registered in England and Wales.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

2. Service Description

EPR Compliance is a software-as-a-service (SaaS) platform designed to help UK businesses manage their obligations under the Extended Producer Responsibility (EPR) regulations for packaging. The Service enables you to:

• Enter and manage packaging data (material types, weights, categories)
• Calculate packaging obligations and estimated fees
• Generate reports formatted for submission to DEFRA's RPD system
• Track reporting deadlines and receive reminders
• Export data in CSV format

The Service is a tool to assist with compliance. It does not constitute legal, regulatory, or professional advice. You are solely responsible for ensuring your submissions to DEFRA and any regulatory body are accurate and complete.

3. Accounts

To use the Service, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorised use of your account
• Ensuring that the information you provide is accurate and up to date

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms, are inactive for an extended period, or contain false or misleading information.

4. Subscription and Billing

The Service is offered on a subscription basis. By subscribing, you agree to the following:

• Free trial: New accounts may be eligible for a free trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Service. We will not charge you unless you actively subscribe.
• Billing cycle: Subscriptions are billed monthly or annually, depending on your chosen billing cycle. Payments are processed via Stripe using the payment method you provide.
• Price changes: We may change subscription prices from time to time. We will give you at least 30 days' notice of any price increase. Price changes take effect at the start of your next billing cycle.
• Refunds: Subscription fees are generally non-refundable. However, if you cancel within 14 days of your first paid subscription, we will provide a full refund in accordance with UK consumer protection law.
• Failed payments: If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend your access to the Service until payment is received.

5. Cancellation

You may cancel your subscription at any time through your account settings or by contacting us at [email protected].

• Cancellation takes effect at the end of your current billing period
• You will retain access to the Service until your current billing period ends
• No partial refunds are given for unused portions of a billing period (except within the 14-day consumer cancellation window)
• After cancellation, you may export your data for up to 30 days before your account is deactivated

6. Your Data

You retain ownership of all data you submit to the Service ("Your Data"). By using the Service, you grant us a limited licence to process, store, and display Your Data solely for the purpose of providing the Service to you.

• Accuracy: You are responsible for the accuracy of the data you enter. We perform validation checks but cannot guarantee that your data is correct for regulatory purposes.
• Export: You may export Your Data at any time through the Service's export features.
• Deletion: Upon account deletion, Your Data will be permanently deleted within 30 days, except where we are required to retain it for legal or regulatory purposes (see our Privacy Policy for retention periods).
• Backups: We maintain regular backups of the Service, but you should maintain your own backup copies of important data.

7. Intellectual Property

All intellectual property rights in the Service — including the software, design, branding, content, documentation, and any underlying technology — are owned by Passport Digital Limited or our licensors.

You may not:

• Copy, modify, or create derivative works based on the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices or labels
• Use our trademarks, logos, or branding without our prior written consent
• Sub-licence, resell, or redistribute the Service

8. Acceptable Use

You agree not to use the Service to:

• Submit false, misleading, or fraudulent data
• Violate any applicable laws or regulations
• Infringe the intellectual property rights of any third party
• Attempt to gain unauthorised access to the Service or its systems
• Introduce viruses, malware, or other harmful code
• Use automated tools (bots, scrapers) to access the Service without our permission
• Interfere with or disrupt the Service or its infrastructure

9. Service Availability

We strive to keep the Service available at all times but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance (we will provide advance notice where possible)
• Unscheduled downtime due to technical issues
• Circumstances beyond our reasonable control (force majeure)

We will use reasonable efforts to minimise any disruption and restore the Service as quickly as possible.

10. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will meet your specific regulatory requirements, that reports generated will be accepted by DEFRA or any regulatory body, or that the Service will be error-free.
• Our total liability to you for any claims arising from or relating to the Service shall not exceed the total amount you have paid us in subscription fees during the 12 months immediately preceding the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, whether or not we were advised of the possibility of such damages.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

11. Indemnification

You agree to indemnify, defend, and hold harmless Passport Digital Limited, its directors, officers, and employees from and against any claims, liabilities, damages, losses, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, if:

• You breach these Terms
• You fail to pay subscription fees
• We are required to do so by law
• We cease to offer the Service (with reasonable notice)

Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination will survive, including intellectual property, limitation of liability, and indemnification.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of any material changes by email or through a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a consumer, you may also have the benefit of any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Passport Digital Limited regarding the Service and supersede all prior agreements, representations, and understandings.

17. Contact

If you have any questions about these Terms, please contact us: