Terms of Service

1. Definitions

• "Platform" means the GreenTrust® EUDR-X web application, APIs, and related services operated by GreenTrust B.V. ("GreenTrust", "we", "us").
• "User" means any individual or legal entity that accesses the Platform, including Operators, Suppliers, and Administrators.
• "Operator" means an EU-based entity that places or makes available regulated commodities on the EU market under Regulation (EU) 2023/1115 (EUDR).
• "Supplier" means a producer or trader who supplies commodities or products to an Operator.
• "Content" means all data, documents, forms, geolocation data, and other materials uploaded or submitted to the Platform.

2. Eligibility and Account Registration

• You must be at least 18 years old and have legal authority to bind your organization.
• You must provide accurate, complete information during registration and keep it up to date.
• You are responsible for all activity under your account and for maintaining the confidentiality of your credentials.
• Each account is for a single organization. Sharing credentials across organizations is prohibited.

3. Permitted Use

The Platform is provided solely for the purpose of:

• Managing EUDR due diligence compliance obligations;
• Collecting, storing, and exchanging supplier declarations and geolocation data;
• Preparing and submitting due diligence statements to the EU Information System;
• Risk assessment and risk mitigation for regulated supply chains.

You may not use the Platform for any unlawful purpose or in any manner that could damage, disable, or impair the Platform.

4. User Obligations

• Data Accuracy: You are solely responsible for the accuracy, completeness, and legality of all Content you submit.
• Compliance: You must comply with all applicable laws, including EUDR (Regulation (EU) 2023/1115), GDPR, and national implementing legislation.
• No Misrepresentation: You must not submit false, misleading, or fraudulent declarations or geolocation data.
• Security: You must not attempt to gain unauthorized access, reverse-engineer, or interfere with the Platform's security controls.
• Confidentiality: You must treat invitation tokens, access codes, and linked supplier data as confidential.

5. Intellectual Property

• The Platform, including its software, design, logos, and documentation, is the intellectual property of GreenTrust B.V. and is protected by copyright and trademark laws.
• You retain ownership of your Content. By submitting Content, you grant GreenTrust a non-exclusive, worldwide license to store, process, and display it solely for the purpose of providing the Platform's services.
• The GreenTrust® name and logo are registered trademarks and may not be used without written permission.

6. Data Processing and Privacy

• We process personal data in accordance with our Privacy Policy and the EU General Data Protection Regulation (GDPR).
• By using the Platform, you acknowledge and consent to the processing of personal data as described in the Privacy Policy.
• For Operators acting as data controllers: a Data Processing Agreement (DPA) is available. See also our Sub-processor List.

7. Data Retention

• EUDR Evidence: Due diligence records, supplier declarations, and geolocation data are retained for a minimum of 5 years from the date of submission, as required by Article 12(4) of Regulation (EU) 2023/1115.
• Audit Logs: Activity logs are retained for 2 years for security and compliance purposes.
• Account Data: Retained for the duration of your account and for up to 30 days after deletion, except where longer retention is required by law.

8. Service Availability

• We aim for 99.5% uptime but do not guarantee uninterrupted access.
• Planned maintenance will be communicated at least 48 hours in advance when possible.
• We are not liable for outages caused by force majeure, third-party services (e.g., Auth0, cloud providers), or circumstances beyond our reasonable control.

9. Limitation of Liability

• The Platform is provided "as is" and "as available" without warranties of any kind, express or implied.
• GreenTrust does not warrant that the Platform will ensure regulatory compliance — ultimate responsibility for EUDR obligations rests with the Operator.
• To the maximum extent permitted by law, GreenTrust's total liability is limited to the fees paid by you in the 12 months preceding the claim.
• GreenTrust is not liable for indirect, incidental, consequential, or punitive damages.

10. Termination

• You may close your account at any time by contacting support@greentrust.eu.
• We may suspend or terminate your account for breach of these Terms, non-payment, or suspected fraudulent activity, with reasonable notice where possible.
• Upon termination, you may request an export of your data in accordance with GDPR Article 20 (right to data portability).
• Data subject to the 5-year EUDR retention requirement will be retained even after account closure.

11. Sub-Processors

We use the following sub-processors to deliver the Platform:

• Auth0 (Okta, Inc.): Authentication and identity management — EU region (Frankfurt, Germany).
• Hetzner Online GmbH: Cloud infrastructure hosting — Nuremberg/Falkenstein, Germany (EU-owned, not subject to US CLOUD Act).
• PostgreSQL (self-hosted on Hetzner): Database — no third-party DB provider.

A detailed sub-processor list and Data Processing Agreement (DPA) template are available upon request at dpo@greentrust.eu.

12. Governing Law and Disputes

• These Terms are governed by the laws of the Netherlands.
• Any disputes shall be submitted to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.
• Before initiating legal proceedings, the parties agree to attempt resolution through good-faith negotiation for a period of 30 days.

13. Changes to These Terms

We may update these Terms to reflect changes in our services or legal requirements. Material changes will be communicated via the Platform or email at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.

14. Contact

For questions about these Terms:

• Email: legal@greentrust.eu
• Data Protection Officer: dpo@greentrust.eu

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