Effective date: 18 September 2026
Provider: the individual developer and operator of Battery Passport Software identified as the developer or seller in the applicable App Store or Google Play listing or purchase record ("Provider", "we", "us" or "our")
Contact for legal notices, claims, support requests, consumer complaints, privacy requests, content notices and moderation appeals: hello@batterypassportsoftware.com
Important notice
These Terms form a legally binding agreement. Battery Passport Software is a professional recordkeeping and workflow tool for battery workshops. It is not an emergency service, safety device, diagnostic instrument, conformity-assessment body, ownership registry, insurer, legal adviser or official EU battery-passport issuer. Battery work can cause fire, explosion, electric shock, chemical exposure, property damage, serious injury or death. Never use the Service as the sole basis for a safety, repair, transport, storage, resale, warranty, ownership, regulatory or emergency decision.
Sections 4, 5, 6, 11, 12 and 22 through 29 contain important allocations of risk. In particular, and only to the maximum extent permitted by applicable law, they impose responsibilities on the Customer, disclaim warranties, require indemnification, exclude categories of damages, cap the Provider's aggregate liability and establish business claim-notice and dispute procedures.
The Service is designed and marketed for business and professional use. If you are a consumer, section 28 applies and preserves every right that applicable law does not allow you to waive. Nothing in these Terms excludes or limits liability or rights that cannot lawfully be excluded or limited.
Paid-access rule. The Service has no free production tier, private free workspace or free local operational mode. Except for the limited protective safety actions expressly permitted for existing batteries under sections 4.7 and 17.4, creating, changing, approving, completing, synchronising or publishing production records and managing production workspace members requires an Active Paid Entitlement for the relevant workspace. A person without an entitled production workspace may use only the isolated Free Demo Workspace or join an entitled workspace through a valid invitation; invited staff do not purchase a second plan. At a Paid Entitlement End, the Customer's same production workspace and all retained Customer Content remain available through Retained Read-Only Access under section 17.4. A Paid Entitlement End alone does not delete, hide, move, copy, reset or migrate Customer Content.
1. Agreement, scope and definitions
1.1. These Terms govern access to and use of Battery Passport Software, including its native Flutter applications for iOS and Android, local and offline functions, Free Demo Workspace, connected production workspaces, authenticated responsive web panel, public Repair Passport pages, quote-decision and ownership-acceptance links, exports, documentation, support materials and related hosted services (collectively, the "Service"). The Privacy Policy is an information notice and is not contractual consent to personal-data processing. Any applicable data processing agreement ("DPA") and plan description shown at purchase form part of the agreement.
1.2. A Customer or Authorised User accepts these Terms only by taking an affirmative acceptance action after being given a reasonably conspicuous opportunity to review and retain them, including by clicking or tapping an acceptance control before opening the Free Demo Workspace, creating or joining a workspace, purchasing a plan or first using an authenticated Service. Silence, inactivity, a pre-ticked control or merely viewing a screen is not acceptance. Merely scanning a QR code, following a link or viewing a public Repair Passport does not by itself make a Public Recipient a contracting party. Before allowing a Public Recipient to submit a quote decision, accept an ownership transfer or take another legally significant action, the Service will present the applicable transaction-specific terms or notices, require an unticked affirmative confirmation, and retain evidence of the presented version, content hash, time, action and authority confirmation. If you do not agree, do not take the relevant action. The Provider may also record the accepted version, locale, account or pseudonymous transaction reference and acceptance action for contract proof, security and compliance as described in the Privacy Policy.
1.3. "Customer" means the business, sole trader, public body or other organisation for whose benefit the Service is acquired or used. If an individual accepts these Terms for an organisation, "Customer" means that organisation. "Authorised User" means an individual whom the Customer permits to use a workspace. "Workspace Owner" means the one active Authorised User assigned administrative control of a workspace. "Active Paid Entitlement" means a Starter, Workshop or Pro subscription that the authoritative App Store or Google Play systems and the Provider's server recognise as current and assigned to the relevant production workspace; it does not override assigned capabilities or the plan's monthly activation allowance. "Paid Entitlement End" means the point at which cancellation becomes effective at the end of the paid-through period, or a verified expiry, billing-retry or account-hold state, pause, refund, chargeback or store revocation otherwise ends current paid operational access. A Paid Entitlement End does not by itself terminate the Customer's agreement, account or production workspace. "Retained Read-Only Access" means the limited post-entitlement access described in section 17.4, including the protective safety exceptions stated there; it is not a free plan or a general operational entitlement. "Account or Workspace Termination" means an express Customer deletion or closure instruction, or a separate termination by the Provider under section 21 for breach, security, illegality, authority order, discontinuation or another independent ground stated there. It does not include turning off renewal, non-renewal or ordinary subscription expiry. "Free Demo Workspace" means the Provider-controlled, isolated demonstration environment containing sample or synthetic content and not a Customer production workspace. "Public Recipient" means a person who opens a public Repair Passport, quote-decision link, ownership-acceptance link or other scoped public record. "Customer Content" means data, records, files, photographs, measurements, identifiers, references, instructions and other material submitted, imported, generated from Customer inputs, or published by or for the Customer through the Service. "Release Scope" means only the customer-facing functions expressly described in these Terms, subject to every limit, dependency and exclusion stated here. A change to a patch, build, maintenance, bug-fix or security version number does not by itself add functionality to or otherwise expand the Release Scope. "Documentation" means the then-current user-facing instructions and product descriptions that the Provider designates as documentation. "Mandatory Law" means a rule that the parties cannot validly vary by contract.
1.4. If a DPA conflicts with these Terms, the DPA controls only for the processing of personal data on the Customer's behalf; otherwise these Terms control over the Documentation. Store-presented plan, price, currency, billing period, renewal, cancellation and transaction information controls for an App Store or Google Play purchase. Mandatory Law always prevails.
2. Eligibility, professional use and authority
2.1. Except for Public Recipients using the limited public or link-based functions, the Service is offered solely for trade, business, craft or professional purposes. It is not intended for household or recreational battery repair. The Customer represents that it acquires the Service predominantly for its professional activity and that each Authorised User is at least 18 years old and legally capable of using the Service. A Public Recipient who submits a quote decision, accepts an ownership transfer or takes another legally significant action represents that the person has legal capacity and, if acting for another person or organisation, authority to do so.
2.2. A person accepting these Terms for a Customer represents and warrants that the person has authority to bind the Customer. If that representation is false, the person remains responsible to the extent permitted by law for losses caused by the false representation.
2.3. The Customer is responsible for selecting appropriately trained and legally authorised personnel; obtaining licences, permits and approvals; maintaining workplace, fire, transport, environmental, waste, product-safety and consumer-compliance procedures; and determining whether the Service is suitable for its operations and territories.
2.4. The Service does not create an employment, agency, partnership, franchise, fiduciary, professional-adviser, certification, inspection or joint-venture relationship between the Provider and any Customer, Authorised User, battery owner, buyer or other person. The Provider never takes possession, custody or operational control of a battery merely by providing the Service.
3. What the Service does — and does not promise
3.1. Within the Release Scope, subject to assigned capabilities, the plan's monthly activation allowance, connectivity and the local-versus-connected boundaries shown in the production interface, the Service provides tools to:
- create an account using email and password, verify the email address, sign in and out, reset the password, prepare workspace name, country and unit system before payment, create a production workspace after server-verified subscription activation, join from mobile or web with a valid one-time scoped expiring invitation, invite and manage staff, revoke sessions and enforce server-side membership and capabilities;
- identify batteries by manual entry, live QR code, barcode or Data Matrix scan, QR-code, barcode or Data Matrix recognition from a user-selected gallery photograph, and user-confirmed nameplate evidence; record manufacturer, model, serial number, battery category, an optional external Official DPP URI or UPI reference and identity-assurance status; and detect local or connected duplicates, identity conflicts and imported pack-identifier mismatches without a silent merge or overwrite;
- record service purpose, custody receipt, reported symptoms, visible hazards, diagnostic-work consent, diagnosis, quote preparation and decision, repair, component records, post-repair testing, quality assurance, ready-for-handover decisions, handover, explicit cancellation and supported terminal paths, warranty, custody and pseudonymous ownership-transfer evidence through forward-only workflows with required evidence and capability checks;
- record repair components for a pack, module, cell, BMS, enclosure, connector or other component, including supplied part or serial number, origin, installed disposition, removed-part disposition and waste handoff;
- record bench measurements manually, including method, value, unit, conditions, uncertainty, timestamp, technician confirmation and instrument manufacturer, model, serial number and version or firmware;
- import allow-listed measurement data from bounded CSV, JSON, XML and TXT files; enforce supported file-size and row-count limits; convert supported units; validate technical ranges, observation time and provenance; calculate and bind source-file and normalised-evidence SHA-256 checksums; block a battery-identifier mismatch; and label imported values as third-party information;
- record supported capacity, voltage, internal resistance, cell imbalance, cycle count and fault-code values and calculate State of Health ("SoH") only from supported capacity evidence while keeping its method and source visible;
- attach private technical photographs from the camera or photo library, remove EXIF and GPS metadata, validate supported image size and format, link evidence to the applicable service event and protect viewing by staff capability;
- manage local PDF, CSV, JSON, XML and TXT technical documents, including versioning, superseding, retirement and SHA-256 integrity checks, without representing local-only documents as cloud-synchronised;
- record workshop safety findings, severity, observed source, acknowledgement, quarantine, remediation, safety blocks and append-only safety history without representing a suspected workshop issue as an official recall or allowing SoH to clear a safety requirement;
- maintain append-only, hash-chained or server-signed service, correction, repair, warranty, custody and ownership-transfer evidence;
- work locally or offline after initial activation, preserve restart-safe drafts and pending operations, retry idempotently, distinguish local, queued, synchronising, synchronised, failed and needs-attention states, and require explicit record-scoped
Keep This Device VersionorUse Server Versionconflict resolution instead of silent last-write-wins overwrite; - preview, publish, refresh or republish, and withdraw a privacy-minimised public Repair Passport only after server confirmation, and create scoped accountless quote-decision and ownership-acceptance links subject to expiry, revocation, changed-state and replay protection;
- export Repair Passport information in PDF, JSON and XML and process supported account and workspace export or deletion requests; and
- provide an authenticated responsive web panel for workspace, work-order, battery, workflow-integrity, safety, team, activation allowance, subscription, quote, warranty, ownership, measurement-provenance, private-evidence, publication, audit, synchronisation and lifecycle oversight; technician service authoring remains mobile-first except for the protected web actions expressly included in the Release Scope.
3.2. The Service is supplied through native iOS and Android applications and a responsive web panel. The mobile applications and web panel support these interface languages: Arabic, Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Russian, Slovak, Slovenian, Spanish, Swedish, Turkish and Ukrainian. Public pages, store metadata, support material and legal documents may have different language coverage. The English-language rule for these Terms is stated in section 33.10.
3.3. Starter, Workshop and Pro share the same core workflow within the Release Scope. They differ only by the store-presented price and the server-enforced monthly activation allowance stated in section 18. No plan imposes a plan-based numerical limit on the number of Authorised Users who may belong to its entitled workspace, and invited staff do not require separate subscriptions. Only the production functions described in this section and shown in the production interface form part of the Service; other materials do not expand them.
3.4. The Free Demo Workspace is the only workspace available to a person who has neither access to an entitled production workspace nor a retained read-only production workspace under section 17.4. It is an isolated, non-production experience for evaluation and learning, uses Provider-controlled sample or synthetic content, and must contain no Customer, confidential, personal, regulated or live operational data. It cannot create a Customer record, conduct a real battery workflow, establish evidence, publish a Repair Passport or make a customer, safety, legal or regulatory decision. A production-only action routes the Demo user to the canonical subscription screen. Local-only status is not cloud synchronisation; "pending" is not acceptance; a locally generated record is not server-signed; a draft is not published; a schema-valid export is not accepted by any authority; and an unavailable or unknown state is not success.
3.5. The Release Scope does not provide direct Bluetooth, USB, CAN-bus, serial-port or vendor-SDK hardware connections; Workshop Bridge or generic device discovery; named tester or BMS compatibility; universal BMS compatibility; a public hardware-compatibility list; a public Measurement API or API keys; partner webhooks; ERP, POS, marketplace, insurer, manufacturer or DPP-system connectors; automatic trusted extraction of measurements from arbitrary photographs, PDFs or unstructured documents; universal, guaranteed or official live recall coverage; Official EU DPP Registry submission or economic-operator publication; QSeal or QES publication; legal-ownership verification; web checkout or a third-party payment processor; variable overage billing; activation packs; a free production tier; white-labelling; multi-location administration; managed workflow templates; managed checklist or catalogue builders; advanced batch campaigns or reporting; automated approval rules; priority-support tooling as a software feature; or public raw technical media or unredacted private workshop evidence. The Service is not a PLM, ERP, CRM, accounting, invoicing, payment, identity-verification, title-registration, theft-check, calibration, laboratory, engineering, emergency-response or legal-compliance system. It does not guarantee diagnosis, battery safety, authenticity, identity, ownership, freedom from liens, repairability, transportability, conformity, remaining useful life, market value, insurability, eligibility for a manufacturer warranty, or compliance with any law or standard.
4. Battery safety and sole professional judgement
4.1. The Customer is solely responsible for every physical and operational decision involving a battery or associated equipment, including whether to receive, move, isolate, store, charge, discharge, open, test, repair, reuse, repurpose, remanufacture, sell, transport, return, quarantine or dispose of it. Only appropriately qualified persons using suitable facilities, calibrated equipment, personal protective equipment and approved procedures may perform such work.
4.2. The Customer must independently inspect each battery and follow applicable law, current manufacturer instructions, authoritative recall notices, workplace procedures, fire-safety requirements and competent-authority directions. Checklists, warnings, cached procedures, risk indicators and workflow gates are administrative aids. They do not replace physical inspection, engineering analysis, professional judgement or an emergency plan and do not make an unsafe act safe.
4.3. Battery Passport Software records and processes technical information supplied by users and third-party systems. It does not independently certify the accuracy, calibration or compatibility of third-party equipment or imported data. SoH and other calculated or imported values depend on the accuracy, completeness, method, equipment condition, environmental conditions, battery state and assumptions of the underlying inputs. They may be estimates, ranges or confidence statements. A high SoH does not establish safety, conformity or remaining life.
4.4. Live QR-code, barcode and Data Matrix scanning, QR-code, barcode and Data Matrix recognition from a user-selected gallery photograph, and user-confirmed nameplate evidence identify a battery or external reference only. They do not estimate battery health or diagnose a battery from an image. PDF and image contents are not automatically converted into verified measurements. Recognition, duplicate detection and automated matching may fail or associate content with the wrong battery; a qualified user must verify every material field and match.
4.5. The Release Scope does not provide an official recall-source lookup or universal, guaranteed or live recall coverage. A workshop-recorded suspected issue is not an official recall, and the absence of an official recall record inside the Service is not safety clearance. The Customer must consult current authoritative manufacturer and competent-authority sources independently before every safety-dependent action.
4.6. If a battery shows heat, swelling, deformation, leakage, odour, smoke, impact, water ingress, isolation failure, arcing or any other hazard, stop ordinary use of the Service and follow the Customer's emergency and quarantine procedure. Contact emergency services, the manufacturer or the competent authority where appropriate. The Provider does not monitor emergencies and cannot dispatch assistance.
4.7. Loss or absence of an Active Paid Entitlement disables ordinary production mutations as stated in section 17.4 and must never be treated as permission to delay quarantine, emergency action or an independent authoritative check. For an existing battery in a retained workspace, an appropriately authorised user may continue to open the safety-detail view, record an explicit safety acknowledgement and place or keep the battery in quarantine. These limited protective actions create append-only safety evidence, do not silently clear or reduce a risk, and do not permit charging, repair progression, publication, handover or another ordinary production mutation. Retained access may also display existing warnings and safety status and support export, subscription management, link withdrawal, session or member-access revocation and a request to delete the account or workspace. Read-only access is not an emergency service and does not restore general operational rights.
4.8. The Service is not a safety component or real-time control system. It does not connect directly to test equipment or control charging, discharging, isolation, thermal management, machinery or another physical process. No output or status may automatically authorise a safety-dependent action or suppress an independent alarm or interlock.
4.9. The Provider does not undertake to monitor every recall or safety source continuously, identify every affected battery or deliver an official recall or emergency alert. A banner, email or other ordinary Service message is a convenience mechanism, not an emergency notification. The Customer must independently recheck authoritative sources before every safety-dependent action.
5. Official EU Battery Passports and regulated activity
5.1. A Battery Passport Software "Repair Passport" is a workshop service-history record. It is separate from the regulated electronic battery passport under Regulation (EU) 2023/1542 or any successor regime (an "Official DPP"). Creating, hashing, signing, exporting, sharing or publishing a Repair Passport does not create an Official DPP. Responsibility for an Official DPP remains with the economic operator or other person designated by applicable law. The Provider does not assume that responsibility merely by supplying the Service; where the Customer is the legally responsible economic operator, these Terms do not transfer or reduce the Customer's statutory responsibility.
5.2. The Release Scope does not submit, register or publish data to an Official EU DPP Registry. A PDF, JSON or XML Repair Passport export, schema validation, mapping or server publication within the Service does not mean Official DPP registration, approval, legal compliance or acceptance by an authority. A Service signature is not a qualified electronic seal (QSeal) or qualified electronic signature (QES).
5.3. The Customer may not represent workshop-attested, imported or unverified information as manufacturer data, authority data, conformity assessment, an official recall, an Official DPP or an official lifecycle transition. Repair or resale of an unchanged battery does not itself create a new Official DPP. Repurposing, remanufacturing, waste and other regulated transitions remain the responsibility of the legally designated actor.
5.4. The Provider may block, delay, revoke or require additional evidence for any regulated or safety-relevant action where authority, mandate, source freshness, credentials, evidence or legal basis is absent, ambiguous or disputed. Such control does not make the Provider the Customer's regulator, safety approver or responsible economic operator.
6. Customer transactions, quotes, custody, ownership, resale and warranty
6.1. The Provider is not a party to any inspection, repair, storage, transport, sale, resale, warranty, quote, ownership transfer, parts supply or other transaction between the Customer and its customers, staff, suppliers, buyers or other third parties. The Customer is solely responsible for its descriptions, prices, taxes, contracts, disclosures, consent, workmanship, parts, warranties, refunds, product-safety duties and statutory obligations.
6.2. A quote or approval workflow records a technical proposal and a response. It is not an invoice, payment service or assurance that the Customer has supplied every pre-contract disclosure, obtained valid consent, formed an enforceable contract or complied with consumer law. The Customer must use its separate commercial system and obtain any identity, signature, cooling-off acknowledgement or other evidence required by law.
6.3. Scanning an identifier, checking a receipt outside the Service, recording a local hash or verified flag, accepting a link, receiving or returning a battery, or creating an ownership event does not prove identity, title, authenticity, freedom from theft, liens or competing claims. Custody and legal ownership are distinct. The ownership workflow is a pseudonymous operational receipt only; neither the Provider nor the Service adjudicates ownership disputes.
6.4. The Customer must investigate authority and title outside the Service before facilitating a transfer or resale. If a dispute, duplicate transfer, suspected theft, fraud or legal hold arises, the Customer must freeze the relevant workflow, preserve evidence and refer the matter to the parties or competent authority. The Provider may freeze or restrict the record but has no duty to determine the rightful owner.
6.5. Resale assessments, remaining-life estimates, public Repair Passport content and workshop warranty records are Customer statements based on Customer inputs. They are not Provider warranties, insurance, manufacturer warranties or guarantees of future performance. The Customer remains solely responsible for the accuracy, legality and adequacy of every public or recipient-facing statement.
7. Licence and permitted use
7.1. Subject to these Terms and payment of applicable fees, the Provider grants the Customer, for the applicable subscription or authorised use period, a limited, non-exclusive, non-transferable and non-sublicensable licence for its Authorised Users to install and use the object-code mobile application and access the hosted Service solely for the Customer's internal professional operations. The licence may be suspended or terminated only as stated in these Terms or permitted by law. Public Recipients receive only a limited licence to access the particular public or private record made available to them for its intended purpose, subject to expiry, revocation and the access controls applicable to that record.
7.2. The licence does not transfer ownership. Except where Mandatory Law expressly permits and cannot be waived, no person may copy, modify, adapt, translate, create derivative works from, sell, rent, lease, sublicense, distribute, frame, mirror, scrape, crawl, benchmark for publication, provide as a service bureau, use to build a competing product, reverse engineer, decompile, disassemble, discover source code or underlying models, bypass access controls, or remove proprietary notices from the Service.
7.3. The Customer must supply compatible devices, supported operating systems, connectivity, storage, instruments and security controls. The Provider does not certify, calibrate or verify third-party instruments and does not warrant compatibility with a named tester, BMS, instrument, unsupported device, rooted or jailbroken device, tampered system, obsolete operating system or third-party software.
7.4. Open-source components and third-party materials may be governed by their own licences. Those licences control solely for the relevant component where they expressly override these Terms.
7.5. Without an Active Paid Entitlement, the only in-app licences granted are: (a) a revocable, non-transferable, non-commercial licence to view and interact with the Free Demo Workspace for evaluation and learning; (b) a limited licence for invited staff to use an entitled production workspace within their assigned capabilities without buying a second plan; and (c) for a Customer with a retained production workspace, a limited licence to view and export existing records and use the protective safety and administrative functions expressly allowed by sections 4.7, 17.4, 21 and 28. No lapse, cancellation, refund, grace-period end, account state, cached screen or technical error creates an implied right to perform any other production mutation.
8. Accounts, workspaces, capabilities and security
8.1. A workspace has one active Workspace Owner, who has all customer-facing capabilities within the Release Scope and controls membership, capability assignment, billing and workspace policy. Other staff receive only the exact capabilities assigned to them: customer_data, technical_service, safety_approver, resale_certifier, ownership_facilitator, audit_viewer and billing_admin. The internal economic_operator_publisher capability is excluded from the Release Scope, remains disabled and has no customer-facing control. The Customer is responsible for its workspace, all Authorised Users, invitations, assigned capabilities, local devices, credentials, recovery methods and bearer links. Every restricted action is checked by the Provider's backend as well as by the interface. No user may act beyond actual authority merely because an interface permits an action or because a control was shown in error.
8.2. Account information must be accurate and kept current. Credentials, one-time codes, invitation links, quote links, ownership links and private media links must be protected as secrets, may be sent only through Customer-approved channels, and may not be shared beyond the intended recipient. The Customer must promptly revoke departed or compromised users and notify the Provider of suspected unauthorised access.
8.3. The Customer is responsible for activity under its accounts and credentials except to the extent caused by the Provider's breach of the agreement or a duty that cannot lawfully be excluded. The Provider may rely on authenticated instructions and capability assignments until it receives and can reasonably act on a valid revocation or security notice.
8.4. The Customer must implement least privilege, device locks, supported software, malware protection, secure networks, staff training, credential rotation and any additional safeguards appropriate to its risks. The Service is not a substitute for the Customer's access-control, backup, incident-response or business-continuity programme.
9. Customer Content and data responsibilities
9.1. As between the parties, the Customer retains its rights in Customer Content. The Customer grants the Provider and its subprocessors a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, validate, transform, render, synchronise, secure, back up, export and, only at the Customer's direction or as otherwise lawfully authorised, publish Customer Content. The licence is limited to what is reasonably necessary to provide, maintain and secure the contracted Service; prevent or address fraud, abuse, security incidents and technical failures; comply with documented Customer instructions, the agreement and law; and establish, exercise or defend legal claims. It does not permit sale of Customer Content or use of Customer Content to train a general-purpose model. It lasts only for the relevant processing and any lawful backup, security, dispute or retention period.
9.2. The Customer represents and warrants that it has all rights, notices, permissions, mandates and lawful bases necessary for Customer Content and each instruction to process, share, publish, export, correct, retain or delete it. The Customer is responsible for accuracy, completeness, provenance, classification, visibility, confidentiality, legality and non-infringement of Customer Content and for reviewing every public preview before publication.
9.3. The core Service is not designed for customer or battery-owner names, personal email addresses, telephone numbers, postal addresses, precise locations, identity documents, receipts, faces, licence plates or payment-card information. The Customer must not place such data in technical text, opaque references, photographs, filenames, QR values or attachments. An external service reference must be random and opaque and must not encode personal or contact information. Pattern checks and warnings are limited guardrails, not a general-purpose data-loss-prevention system.
9.4. Technical evidence must show only the battery or relevant equipment. Before saving or uploading, the Customer must crop or redact people, identity documents, receipts, contact details, addresses, location clues, licence plates, secrets and unrelated material. The Customer must not upload special-category or highly regulated personal data, children's data, medical data, payment-card data, biometric templates, government identifiers, export-controlled secrets, malware or unlawful content.
9.5. The Service does not upload or retain identity documents or purchase/service receipts as a designed feature. If the Customer records that it checked evidence outside the Service, a local hash and verified flag establish only that a particular file was presented to the local process; they do not establish authenticity, identity, title or the truth of the file.
9.6. Metadata stripping, redaction prompts, file validation, malware controls and allow-lists reduce risk but cannot detect every hidden field, malicious object, personal detail or confidential fact. The Customer remains responsible for inspection and lawful disclosure. The Provider may quarantine, reject, remove, transform or refuse to publish content that creates a security, privacy, legal or operational risk.
9.7. The Service may resize, recompress, transcode, strip metadata from, hash or generate delivery derivatives of submitted technical photographs for security, privacy, compatibility and protected viewing. Those operations may alter non-visible bytes, metadata, resolution or presentation. Supported PDF, CSV, JSON, XML and TXT technical documents have a local-only lifecycle within the Release Scope; the Service does not represent them as uploaded or cloud-synchronised, and sharing or exporting a local document is a separate user action. The Service is not a forensic evidence-preservation or legally certified chain-of-custody system. The Customer must retain any original file and independent evidence required for legal, warranty, insurance, employment, audit or regulatory purposes.
10. Public records, private links and external recipients
10.1. Publishing is an affirmative Customer instruction. Public content may be accessed, copied, indexed, cached, photographed, archived, redistributed or combined with other information by recipients outside the Provider's control. Revocation or unpublishing can stop future delivery from systems controlled by the Provider after processing and cache invalidation, but cannot erase copies already obtained or retained by third parties.
10.2. The Customer must verify the public allow-list preview and must not publish staff identity, external service references, internal notes, quotes, payment information, private evidence, confidential manufacturer information, personal data or link secrets. Server-side filtering is an additional safeguard, not a transfer of responsibility for the Customer's publication decision.
10.3. Private quote, ownership, invitation, media and other bearer links may confer or initiate only the scoped access associated with the link, subject to authentication, membership, recipient-binding, capability and server-authority checks applicable to that link. Possession of an invitation or action link does not itself create workspace membership, legal authority or entitlement. The Customer and intended recipient assume the risk of the delivery channel and must report accidental disclosure immediately. The Provider does not verify the legal identity or authority of the person who opens or uses a bearer link.
10.4. A Public Recipient must independently verify any record before relying on it. A public Repair Passport is not a Provider representation, certification, warranty, inspection report, ownership opinion or recommendation to buy, sell, use, charge, transport or repair a battery. Source labels, dates, methods, corrections and limitations form part of the record and must not be removed or misrepresented.
10.5. Exports and shared files can be altered after leaving the Service. The Provider is not responsible for an external copy, destination, viewer, printout, translation, signature, storage medium or modification. Service verification applies only to the exact supported data and cryptographic state checked through the Service.
10.6. QR codes, labels, short URLs and exported copies may be copied, replaced, damaged, redirected or associated with the wrong physical battery outside the Provider's control. A Public Recipient must verify the Provider domain, source labels, record identifier, relevant battery association and current status before reliance. No Public Recipient may scrape or bulk-extract records, attempt re-identification, alter or remove provenance, bypass a link restriction, interfere with the Service, or represent that public access creates Provider certification or endorsement.
11. Records, provenance, audit, offline use and synchronisation
11.1. Append-only, hash-chained, signed or immutable events help reveal later changes; they do not prove that an original input was accurate, complete, lawful or made by a properly authorised person. A cryptographic signature authenticates the relevant key and payload under the stated verification process, not the physical battery, professional competence, legal title, safety or truth of an assertion.
11.2. Corrections may be recorded as linked amendments or void events rather than silent deletion. The Customer accepts that lawful audit, security, billing, dispute and product-lifecycle records may need limited retention or de-identification after an account or user is removed. Nothing in this section overrides a valid data-subject right or other Mandatory Law.
11.3. Local and offline functions may store the only copy on a device. Loss, damage, theft, reset, uninstall, operating-system cleanup, storage exhaustion, failed migration or unsupported downgrade can destroy local data. The Customer must maintain appropriate exports and backups and must not treat synchronisation, a public URL or an app-store account as a complete backup.
11.4. Offline queues, networks, devices, upstream services and concurrent edits can cause delay, duplication, rejection or conflicts. The Service may require explicit conflict resolution and may refuse last-write-wins treatment. No safety-critical, legal, warranty, transport or customer deadline may depend solely on successful synchronisation or notification. A local, queued or displayed action is not final until the authoritative component confirms it.
11.5. The Provider may submit ordinary-course service, audit, billing and security records as evidence of the events they record. Their admissibility, authenticity, evidential weight and any burden of proof are determined by applicable law and the competent tribunal. The Customer must preserve its own source evidence and promptly report a suspected discrepancy.
11.6. Synchronisation and Provider disaster-recovery backups are operational safeguards, not a Customer archive or a promise of item-level restoration. The Provider may be unable to restore a particular record, version, attachment or point in time. The Customer must make and test supported exports appropriate to its retention, evidentiary and business-continuity duties.
12. Third-party sources, stores and services
12.1. The Service may depend on or link to operating systems, app stores, hosting, authentication, scanner libraries, file viewers, share destinations, payment and subscription systems and other infrastructure providers required for the Release Scope. Their terms, privacy practices, availability, security, accuracy and continued compatibility are outside the Provider's control.
12.2. Imported third-party values are labelled as third-party information and preserve the supported source, method, instrument and timestamp supplied with them. The Provider does not adopt, independently verify or warrant that information and is not responsible for delay, omission, error, withdrawal, geographic limitation or a third party's refusal to accept an export or request. The Customer must maintain any direct licence, account, permission, connectivity and backup required for a third-party source.
12.3. The Provider may add, replace, restrict or discontinue a third-party dependency when reasonably necessary for security, law, interoperability, cost, availability or product operation. If that materially reduces a continuously paid Service, the rights in sections 19 and 28 apply.
12.4. On supported Android builds, scanner recognition may use Google ML Kit. The applicable data flow and controls are described in the Privacy Policy. A statement that barcode content is processed on-device does not mean that the entire app has no network activity or that Google ML Kit performs no SDK-level diagnostic processing.
13. Acceptable use
13.1. The Customer and each user must comply with law, these Terms, Documentation, source-access rules and reasonable security instructions. They must not:
- create, backdate, omit, alter or publish a false or misleading safety, provenance, repair, test, conformity, recall, registration, warranty, resale, identity or ownership statement;
- bypass or attempt to bypass quarantine, safety blocks, capability restrictions, plan limits, verification, source labels, security controls, rate limits or revocation;
- access another workspace, restricted Official DPP information, private link or system without actual authority;
- use the Service to facilitate unsafe or unlawful charging, repair, resale, transport, storage, waste handling, fraud, theft or rights infringement;
- upload prohibited personal data, confidential material, malicious code, illegal content or content for which the Customer lacks rights;
- probe, scan, test or exploit vulnerabilities without the Provider's prior written authorisation, except to the limited extent Mandatory Law expressly protects good-faith security research;
- interfere with, overload, disrupt, damage or evade monitoring of the Service or any third-party system;
- use bots, scraping, bulk extraction, credential stuffing, token guessing, replay, false identities or deceptive automation;
- derive or attempt to derive source code, trade secrets, models, security keys or non-public interfaces except as expressly permitted by Mandatory Law;
- resell, white-label, sublicense or expose the Service as a service bureau to a third party;
- use the Service or its output to train, validate or improve a competing product or model without written permission;
- remove warnings, source labels, limitations, signatures, copyright notices or provenance from a record; or
- use or describe the Service in a manner that represents the Provider as the Customer's regulated economic operator, repairer, battery seller, employer, fiduciary or other responsible actor.
13.2. The Customer must not circumvent plan entitlements by splitting, duplicating or sharing workspaces, battery identities, store entitlements or accounts. Reasonable Demo use is permitted only in the Free Demo Workspace and must never be represented as production evidence.
14. Content moderation, notices and enforcement
14.1. To protect safety, rights, users and systems, the Provider may use automated controls and human review to reject, quarantine, restrict visibility of, unpublish or remove Customer Content; disable a link; limit reach or functionality; suspend an account or workspace; or preserve content for evidence. Grounds include suspected illegality, infringement, privacy breach, malware, unsafe or deceptive claims, false provenance, lack of authority, Terms violations, security risk, court or authority orders, and material risk to a person, system or the Provider.
14.2. The Provider is not obliged to pre-screen or generally monitor Customer Content except where law requires. Moderation may be imperfect and does not endorse content left available. Where required by law, the Provider will act diligently, objectively and proportionately, provide a statement of reasons, and offer an appropriate review or complaint route. Urgent, covert or immediate action may be taken where notice would create a security, safety, fraud, evidentiary or legal risk.
14.3. A notice alleging illegal or infringing content should be sent to hello@batterypassportsoftware.com with the subject "Content Notice" and include the reporter's name and contact details, except where Article 16(2)(c) of the EU Digital Services Act or other applicable law permits a notice without that information; the exact URL or record identifier; a sufficiently explained legal basis; supporting evidence; the requested action; and a good-faith statement that the information is accurate. The Provider may request identity, authority or additional evidence and may forward the notice and contact details where lawful and necessary for response or due process.
14.4. A recipient of the Service, including a person or entity that submitted a notice, may challenge a covered moderation decision by emailing hello@batterypassportsoftware.com with the subject "Moderation Appeal" within six months after being informed of the decision, or within any longer period required by Mandatory Law, and explaining the alleged error with supporting evidence. The appeal is electronic and free of charge. Where applicable law requires, the Provider will handle it in a timely, diligent, non-discriminatory and non-arbitrary manner, under the supervision of appropriately qualified staff and not solely by automated means, and will reverse the decision without undue delay where the appeal shows that there were insufficient grounds for it. This process does not replace any non-waivable regulatory, judicial or certified out-of-court remedy.
15. Privacy, data protection and security
15.1. The Privacy Policy explains the Provider's handling of personal data. It is an information notice, not contractual consent or a substitute for a lawful basis. Where the Customer determines the purposes and means of personal-data processing in Customer Content and the Provider processes that data on the Customer's behalf, the Customer is the controller or business and the Provider is the processor or service provider, subject to the applicable DPA. The parties' actual legal roles remain determined by law, not labels.
15.2. The Customer is responsible for its own privacy notices, lawful bases, permissions, data-subject request handling, staff monitoring rules, retention decisions, international-transfer requirements and instructions. The Customer must not use connected processing until any legally required DPA is in effect.
15.3. The Provider may process account, subscription, support, security, audit and service-operation data as an independent controller where described in the Privacy Policy and permitted by law. The Customer authorises use of subprocessors and cross-border mechanisms identified in the DPA or Privacy Policy.
15.4. Where personal data protected by the GDPR is transferred from the European Economic Area to any country, including Montenegro, without an applicable adequacy decision, the Provider and Customer will implement the applicable Chapter V transfer mechanism, including the appropriate European Commission Standard Contractual Clauses and supplementary measures where required. The DPA will identify the relevant data locations, subprocessors, transfer roles and mechanisms.
15.5. Unless a DPA expressly states an exclusive-residency commitment, a named hosting region identifies the primary production-data region only. Store systems, authorised subprocessors, support, security logging and disaster-recovery processing may occur elsewhere under the safeguards and transfer mechanisms disclosed in the Privacy Policy or DPA and permitted by law.
15.6. The mobile applications and authenticated web panel may use privacy-minimised Firebase product analytics, and the mobile applications may use Firebase Crashlytics, as described in the Privacy Policy. One mobile setting controls both usage analytics and crash reporting; the corresponding web setting controls Analytics because Crashlytics is not provided in the web panel. Collection is enabled by default where permitted and can be disabled on each installation or browser without removing core Service functionality. Analytics is not configured for advertising or cross-app or cross-site tracking. The Provider does not configure a Crashlytics user ID or intentionally add Customer Content to analytics events, crash custom keys or crash logs, and the Customer must not attempt to place Customer Content, personal identifiers or confidential information in analytics or diagnostic data. Where Mandatory Law requires prior consent or another regional treatment, that requirement prevails over the default setting.
15.7. The Provider uses safeguards designed for the Service, but no device, storage, transmission, authentication, link, signature or cloud system is completely secure or error-free. The Customer must assess whether the Service's documented safeguards are appropriate for its risk and must not submit data requiring controls the Provider has not expressly agreed to provide.
15.8. Each party must notify the other of a personal-data breach or other security incident in the time and manner required by its legal and contractual role. Where the Provider acts as processor, it will notify the Customer without undue delay after becoming aware of a personal-data breach affecting Customer personal data and will provide information reasonably available to support the Customer's legally required assessment and notices. The Customer must cooperate reasonably with containment and investigation. Neither party may knowingly make a false or misleading statement about an incident, obstruct a legally required report, or prevent the other party from communicating with a regulator, affected person, insurer, professional adviser or competent authority as permitted or required by law.
15.9. Data-protection duties and liabilities that Mandatory Law assigns directly to a party remain with that party. Any contractual allocation, indemnity or cap applies only to the extent legally permitted and does not restrict a data subject's rights against a liable controller or processor.
16. Free Demo Workspace
16.1. There is no free production tier, personal free workspace, private free workspace or free local operational mode. A person without an entitled production workspace may use the isolated Free Demo Workspace or join an entitled production workspace through the supported invitation interface. A valid invitation permits invited staff to access that entitled workspace within assigned capabilities without purchasing a second subscription. A person with neither route receives no right to store Customer Content and may use only the purchase, plan, account, subscription, support, legal, privacy or other non-workspace interfaces expressly made available. A former paid Customer may instead use Retained Read-Only Access under section 17.4. Limited browser access by a Public Recipient to a record shared by a paid Customer does not create a free workspace, an account entitlement or a right to use the application operationally.
16.2. The Free Demo Workspace is provided only for evaluation, learning and feedback. It may contain synthetic, incomplete, inaccurate, reset or changing data; may change, be wiped, restricted or end without notice; and may lack the availability, support, retention, export or regulatory characteristics of production. It must not be used for live safety decisions, real batteries, personal or confidential data, legal records, customer work or customer promises.
16.3. To the maximum extent permitted by law, the Free Demo Workspace is provided without service-level commitments, warranties, data-retention commitments or compensation, and the Provider's aggregate liability for it is subject to the Demo cap in section 26.4.
16.4. The Free Demo Workspace may permit only reversible guided interaction with synthetic demonstration content. It does not accept Customer Content, evidence, real identifiers or operational files and creates no retained Customer record. The Provider may impose fair-use, capacity, geographic, device, account, security and abuse limits on Demo; reset it; remove or alter any synthetic content; prevent data entry, export, sharing or persistence; or discontinue it for legitimate legal, security, capacity or product reasons. Demo availability is not consideration for a paid plan. Cancellation, non-renewal or expiry never converts a retained production workspace into Demo and does not start deletion of its content.
17. Paid plans, billing, renewal, cancellation and refunds
17.1. Paid Starter, Workshop and Pro subscriptions are purchased only through the App Store or Google Play on a monthly or annual billing period offered by the applicable store. The Service has no web checkout, direct invoice checkout, enterprise checkout, API plan or white-label arrangement within the Release Scope.
17.2. The purchase screen supplied by the applicable store is authoritative for the plan, local price, currency, taxes, monthly or annual billing period, renewal date and cancellation method. These Terms do not state or guarantee any fixed subscription price. Marketing copy, screenshots, planning documents and historic prices are not offers. The Customer authorises the applicable store to charge the displayed amounts and taxes.
17.3. A self-service subscription renews automatically for the period shown at purchase unless cancelled through the store account before the renewal deadline shown by that store. The user remains free to turn off renewal through the supported store process. Uninstalling the app, opening the Free Demo Workspace, leaving a workspace or deleting an account does not cancel a store subscription. Cancelling a subscription does not itself delete an account or Customer Content. The Customer must use the in-app "Manage Subscription" route or the store's subscription centre.
17.4. Cancellation normally takes effect at the end of the already-paid period; full operational access continues only while the Active Paid Entitlement remains valid. Grace, billing retry, account hold, pause, expiry, refund, revocation and plan-change timing are determined by the verified store state and applicable law. The Provider may withhold ordinary production mutations until the store and Provider systems confirm entitlement. When the Active Paid Entitlement expires, is revoked or otherwise ceases to be valid, the same production workspace automatically enters Retained Read-Only Access. Subject to the Customer's existing permissions, authorised users may continue to view all retained passports, histories, evidence and previously created files and may download or export Customer Content through the supported export functions. Read-only retrieval and synchronisation solely to display retained authoritative content may continue where supported. Users may not create, edit, correct, approve or delete an ordinary production record; start, advance, complete or close a workflow or repair; publish, republish or approve a new version; create a new public, quote, ownership, invitation or other private link; consume a new activation; invite or reactivate a member; change assigned capabilities; or perform another ordinary production mutation. As a narrow protective exception for an existing battery, an appropriately authorised user may open its safety-detail view, record an explicit safety acknowledgement and place or keep it in quarantine under section 4.7. These actions may only add append-only safety evidence and cannot clear a risk, enable charging or repair, advance a workflow, publish a record or complete handover. Existing Customer Content is not deleted, hidden, moved to Demo, copied into Demo, re-keyed or migrated merely because the entitlement ended. Expiry alone does not trigger workspace termination or the deletion clock in section 21.4. Customer-requested deletion, a valid legal or security restriction, content illegality, agreement or workspace termination, and Service discontinuation remain governed by sections 14, 19 and 21. Read-only status does not prevent a supported security, privacy, whole-account or whole-workspace deletion, session or member-access revocation, link-withdrawal or other protective administrative request. Processing such a request is an administrative safeguard and does not restore general operational workspace rights.
17.5. Once the authoritative store and Provider systems verify a renewed, resubscribed or restored Active Paid Entitlement for the same workspace, supported operational rights resume for that same workspace without creating a replacement workspace or requiring a Customer data migration. Records, workspace identifiers, history and files retained under section 17.4 remain in place, and the Provider will not intentionally delete or alter them merely because access is restored. Restoration does not revive content lawfully deleted, removed, corrupted or unavailable for a reason independent of subscription status and does not waive any separate suspension, security, activation-allowance, capability, account or legal restriction. Store, network and verification delays may postpone restoration until the authoritative entitlement is received and validated; a receipt, screenshot, pending transaction or local store indication alone does not grant write access.
17.6. Except where Mandatory Law or the applicable store requires otherwise, fees already charged are non-refundable, and no credit is due for partial periods, unused activation allowance, device failure, Customer error or suspension for breach. Turning off renewal prevents future renewal charges but does not create a refund for the current period. Store purchases and disputes are handled through the applicable store's processes. A refund or chargeback may result in immediate entitlement revocation and read-only status.
17.7. The Provider may change a later renewal price or plan content only with the notice and consent process required by the applicable store and law. A change applies no earlier than the next permitted renewal. This change clause does not promise any additional plan, feature or purchase channel.
17.8. The Provider may correct pricing, product-mapping or entitlement errors. If an accepted transaction cannot lawfully or technically be fulfilled, the Customer's remedy is restoration of the correct entitlement, a conforming substitute accepted by the Customer, or the refund required by the store or Mandatory Law.
18. Workspace entitlements and limits
18.1. One Active Paid Entitlement is owned by the Provider's server and assigned to one eligible workspace under the supported linking and recovery process. The Workspace Owner manages the subscription relationship. After account sign-in and authoritative verification, the same workspace entitlement is accessible through the supported iOS application, Android application and web panel regardless of whether the purchase was made through Apple or Google. Invited staff may use that entitled production workspace within their assigned capabilities and the Customer's permission without purchasing a second plan. Workspace membership creates no entitlement for another workspace. Entitlements may not be transferred, resold, duplicated or shared outside the supported recovery process.
18.2. The current server-enforced monthly activation allowances are 25 successful activations for Starter, 150 for Workshop and 500 for Pro in each monthly allowance period. An activation is counted only when the applicable protected activation is successfully accepted by the authoritative server. Drafts, validation failures and pending or failed operations do not count as successful activations.
18.3. Allowance consumption is server-owned, atomic and idempotent. A supported retry of the same operation does not consume the allowance twice. If the authoritative allowance state is unavailable, unverifiable or exhausted, the Service fails closed and may block the dependent activation. The Customer must promptly report a disputed count with evidence, and the Provider may correct duplicate, fraudulent, erroneous or reversed ledger entries.
18.4. The Release Scope includes no variable overage billing or activation packs. Exhausting the monthly activation allowance does not cancel the subscription, convert the workspace to Demo, or hide or delete existing Customer Content. It blocks new activations until the allowance resets or the Customer changes to an available existing plan. Reading and exporting existing records and the protective safety functions in sections 4.7 and 17.4 remain available.
19. Availability, maintenance, support and changes
19.1. The Service is provided without guaranteed uptime, latency, throughput, error rate, recovery point, recovery time, data durability, support response or resolution time. Maintenance, incidents, networks, app stores, devices, upstream sources, security controls, legal orders and force-majeure events may interrupt or degrade the Service.
19.2. The Provider may maintain, patch, update, replace, add, remove or restrict features to address security, safety, law, abuse, technology, interoperability, provider changes or product improvement. The Customer must install supported updates, including security updates, within a reasonable time. The Provider is not responsible for a failure caused by ignoring a clear update notice or using an unsupported version, to the extent permitted by law.
19.3. For a continuously paid Service, the Provider will give notice of a material adverse change where law or contract requires. If the change materially removes the core paid functionality during a prepaid period and no substantially equivalent option is supplied, the Customer's sole contractual remedy is to terminate the affected paid Service and receive a pro-rata refund of prepaid fees for the unused affected period. Termination of an affected paid function under this section is a Paid Entitlement End for that function and does not by itself constitute Account or Workspace Termination or deletion of Customer Content. Consumer rights in section 28 are not limited.
19.4. Support provides product assistance, not emergency, engineering, battery-safety, legal, regulatory, tax, insurance or ownership advice. No support response transfers a Customer duty or constitutes an additional warranty.
19.5. Plan cancellation or expiry alone will not remove, migrate, archive, hide or unpublish an existing public Repair Passport or other retained Customer Content. No public identifier or hosted record is guaranteed to remain available perpetually for reasons independent of subscription status. The Provider may suspend, migrate, archive, unpublish or discontinue hosting only on an independent ground such as security, illegality, rights infringement, abuse, source-integrity failure, technical obsolescence, Customer instruction, authority order or Service shutdown. The Provider may permanently discontinue all or a material part of the Service for a genuine legal, security, safety, technical, infrastructure or commercial reason. Except where a shorter period or immediate action is reasonably necessary because of Mandatory Law, a binding authority or court order, an imminent security or safety risk, loss of essential third-party infrastructure despite reasonable mitigation, insolvency, force majeure or circumstances outside the Provider's reasonable control, the Provider will give each affected Workspace Owner at least 90 days' advance notice by email or another durable medium. This notice applies to workspaces with an Active Paid Entitlement and workspaces in Retained Read-Only Access. During the notice period, the Provider will use commercially reasonable efforts to keep the then-available read and export functions accessible and to provide at least one supported export opportunity. Mandatory switching or retrieval periods under section 21.5 prevail where they apply. If a Provider-initiated discontinuation ends a paid Service before the paid-through date for a reason not caused by the Customer, the Provider will refund the prepaid fees attributable to the unused affected period; for a business Customer, that refund is the sole contractual monetary remedy for the discontinuation, subject to sections 26 and 28, and Mandatory Law. At the effective shutdown date, the Provider may terminate affected accounts and workspaces, deactivate hosted public and private pages, revoke credentials and links, and begin the lifecycle in section 21.4. The Provider may satisfy a post-shutdown retrieval duty by supplying a secure export and is not required to keep the application or public pages online for that purpose. Nothing in these Terms requires the Provider to operate the Service indefinitely, place source code or encryption keys in escrow, transfer its intellectual property, procure a successor service, maintain unsupported third-party dependencies or perform a bespoke migration.
20. Provider intellectual property and feedback
20.1. The Provider and its licensors own all rights in the Service, software, interfaces, designs, documentation, schemas, compilations, algorithms, trademarks, domains and improvements, excluding Customer Content and third-party materials. All rights not expressly granted are reserved. No implied licence arises from access, interoperability, feedback or payment.
20.2. If the Customer or a user provides suggestions, ideas, benchmark results, corrections or other feedback, it grants the Provider a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free right to use and exploit that feedback without restriction or attribution, provided that the Provider does not publicly identify the Customer as the source without permission.
20.3. The Customer may use the Provider's name and marks only as permitted by published brand rules or written approval. The Customer may accurately state that it uses the Service but may not imply certification, endorsement, partnership, official status or regulatory approval.
21. Suspension, termination, export and deletion
21.1. A Paid Entitlement End alone is not account suspension, Account or Workspace Termination, or termination for breach and is governed by section 17.4. The Provider may immediately impose a broader suspension or restriction only on an independent ground where it reasonably suspects a security incident, fraud, unsafe or illegal use, illegal content, unauthorised access, false regulated claim, excessive or abusive use, material breach, a valid third-party instruction, authority order or material risk. Any restriction of existing-data visibility or export must be limited to what is reasonably necessary for that independent ground or required by law. The Provider may investigate and require remediation, identity or authority evidence. Notice and reasons will be provided where practicable and legally required.
21.2. Turning off renewal, non-renewal and ordinary subscription expiry end paid operational access as stated in section 17.4 but do not terminate the agreement, account or production workspace. Account or Workspace Termination requires a separate express Customer instruction or an independent Provider ground and process under this section. The Provider may terminate for material breach if the breach is incapable of cure or is not cured within 10 days after notice; immediately for deliberate security abuse, fraud, illegal or imminently dangerous activity, repeated breach, insolvency to the extent permitted by law, or a legal prohibition; and on notice if the Service is discontinued. The Customer may stop use at any time. Stopping use, signing out, switching to Demo, uninstalling, deleting an account or leaving a workspace does not cancel store billing; store subscriptions must be cancelled through the applicable store.
21.3. Following a Paid Entitlement End, the retained licence in sections 7.5 and 17.4 continues. By contrast, following Account or Workspace Termination, all licences and operational rights end except any limited read, export, deletion, switching or retrieval access the Provider expressly supplies during the applicable termination period or Mandatory Law requires. Amounts accrued remain payable, and the Customer must stop unauthorised use. Sections that by nature should survive do survive, including ownership, Customer responsibilities, public-copy limitations, fees, confidentiality, indemnities, disclaimers, liability limits, disputes and miscellaneous provisions.
21.4. Retention, deletion and revocation schedule. A "Lifecycle Start" occurs only on the effective date of an express Customer instruction to delete or close an account or workspace, Account or Workspace Termination, a final lawful content-removal decision, or a Service shutdown, as applicable. A Paid Entitlement End, cancellation, non-renewal, billing failure or ordinary subscription expiry is not a Lifecycle Start, does not shorten Retained Read-Only Access and does not begin any deletion, de-identification or archival period. At Lifecycle Start, production mutations cease and the Provider may immediately revoke sessions, signing or publication credentials, pending invitations, ownership or quote links, private bearer links and other access tokens. Customer-controlled hosted public pages and public links may be unpublished or disabled at Lifecycle Start and, where immediate action is not reasonably required for security, safety, illegality, rights protection or an authority order, no later than seven calendar days afterward. Revocation does not recall a copy another person previously downloaded, printed, cached or lawfully received. Unless the Customer validly requests immediate deletion, continued access would create a security or legal risk, or the DPA or Mandatory Law requires a different period, the Provider will make a supported export available for 30 calendar days after Lifecycle Start. The Provider may supply a secure downloadable export instead of continuing account, application or public-page access. The Customer is responsible for requesting, downloading, checking, protecting and retaining the export within that period. An immediate deletion instruction waives this contractual retrieval period to the extent permitted by law. After the retrieval period expires, the Provider will delete or irreversibly de-identify Customer Content from active production systems within 30 calendar days. Residual copies in encrypted disaster-recovery backups will expire through scheduled overwrite or deletion within a further 90 calendar days, will not be restored for ordinary product use and, if restored solely for disaster recovery, will remain subject to the deletion instruction and be deleted again through the ordinary cycle. The Provider may retain only records reasonably necessary for Mandatory Law, tax and accounting duties, an authority order, the DPA, fraud and security prevention, or the establishment, exercise or defence of legal claims. Contract-acceptance, payment, complaint, consent, access-control and incident records may be retained for the applicable statutory period; routine security and service audit logs may be retained for up to 24 months from the relevant event unless an incident, dispute, legal hold or Mandatory Law requires longer. Retained records will be isolated from ordinary product use, access-restricted and deleted or de-identified when the relevant purpose expires. Irreversibly anonymised and aggregated statistics that no longer constitute personal data or Customer Confidential Information may be retained indefinitely. Where the Provider acts as a processor, the Customer's valid return-or-deletion choice under the DPA and applicable data-protection law prevails. Data-subject rights, preservation duties, processing restrictions, litigation holds and authority orders also prevail over this ordinary schedule.
21.5. EU Data Act scope and switching schedule. This paragraph applies only where Chapter VI of Regulation (EU) 2023/2854 or another Mandatory Law on switching of data-processing services applies. The Customer may submit a sufficiently authenticated switching request to hello@batterypassportsoftware.com and choose to switch the affected hosted service to another provider of the same service type, port its exportable data and transferable digital assets to on-premises ICT infrastructure, or erase them upon termination. The request must identify the workspace, authorised contact, selected option, destination where applicable, requested timing and information reasonably needed to authenticate authority and perform the switch. The maximum notice period for initiating the switching process is two months after receipt of a sufficiently authenticated request. After that notice period, the mandatory transitional period will not exceed 30 calendar days. If completion within 30 calendar days is technically unfeasible, the Provider will notify the Customer within 14 working days after the switching request, explain the technical reason and state an alternative transitional period not exceeding seven months. The Customer may extend the transitional period where Mandatory Law permits. The Customer will have at least 30 calendar days after the agreed transitional period to retrieve exportable data and digital assets. Exportable scope and exclusions are described in section 21.7 and will be applied consistently with Mandatory Law so that an exclusion does not impede or delay switching. After successful completion and expiry of the retrieval period, the Provider will erase the exportable data and digital assets generated directly by or relating directly to the Customer, except for retention Mandatory Law requires. A successfully completed switching-and-termination request constitutes Account or Workspace Termination for the affected service; subscription cancellation or expiry alone does not. Before 12 January 2027, any permitted switching charge is limited to the reduced, directly attributable cost allowed by Mandatory Law and disclosed before it is incurred. From 12 January 2027, the Provider will not impose a switching charge for actions the EU Data Act requires, without limiting ordinary subscription fees, agreed professional services outside mandatory switching assistance, destination-provider fees or lawful proportionate early-termination charges.
21.6. Subject to Mandatory Law, suspension or termination for Customer breach does not entitle the Customer to a refund or damages. The Provider is not responsible for a Customer's failure to export within the available period.
21.7. Subject to Mandatory Law, a supported export is limited to Customer Content and associated metadata made available in the then-supported formats. It may exclude Provider software, credentials, secrets, security controls, internal fraud or abuse signals and third-party material whose licence or another person's rights prohibit disclosure. The Provider does not warrant that another system will import, interpret or reproduce an export without loss, transformation or additional mapping. This section does not narrow a mandatory data-portability, switching, access or disclosure right.
22. Customer representations, warranties and assumption of risk
22.1. The Customer represents, warrants and undertakes throughout use that:
- it and its personnel are appropriately qualified, authorised, trained, equipped and insured for their battery and business activities;
- it will independently comply with law, manufacturer instructions, recalls, workplace procedures and professional standards;
- it has rights and lawful bases for Customer Content, staff administration, links, publication and instructions;
- its inputs, source labels, statements, prices, tests, repairs, warranties and public records will be accurate, complete and not misleading in all material respects;
- it will not rely on the Service as the sole basis for a safety, ownership, compliance, warranty, resale or emergency decision;
- it will preserve source records, maintain backups, verify material outputs and resolve conflicts;
- it will protect accounts, devices, credentials, tokens, public/private boundaries and confidential information; and
- it will promptly correct or unpublish information that becomes inaccurate, unsafe, unlawful or unauthorised while permitted to do so, or immediately notify the Provider and use the supported revocation, unpublish or protective administrative request process.
22.2. The Customer knowingly assumes the operational and commercial risks of battery work, reliance on its personnel and instruments, Customer Content, public disclosure, bearer-link delivery, local/offline storage, third-party sources and services, and transactions with its customers and buyers. This assumption does not waive liability that Mandatory Law places on the Provider and does not excuse the Provider from performing an express obligation.
23. Customer indemnity
23.1. This section applies only to Customers acting in trade, business, craft or profession and not to a consumer to the extent prohibited by law.
23.2. To the extent directly caused by the Customer's material breach, unlawful Customer Content or instruction, or the Customer's battery operations, the Customer will defend, indemnify and hold harmless the Provider, its affiliates, licensors, subprocessors, distributors, and their directors, officers, employees and contractors (the "Provider Indemnified Parties") against third-party claims and reasonable defence costs, and amounts finally awarded or agreed in a settlement approved under section 23.4. A regulatory fine or penalty is indemnifiable only where applicable law permits its transfer, the final allocation is attributable to the Customer's conduct, and it is not imposed for the Provider's own legal duty or fault. Covered matters include:
- Customer Content, an external reference, publication, export or instruction;
- the Customer's inspection, custody, charging, repair, parts, testing, storage, transport, handover, resale, warranty, ownership facilitation, waste handling or other battery activity;
- injury, death or property damage involving a battery or the Customer's premises, personnel, equipment, product or service;
- a false, misleading, unauthorised or legally non-compliant record, quote, statement, source label, safety decision, Official DPP claim, warranty or resale representation;
- infringement or misappropriation of privacy, data-protection, confidentiality, intellectual-property, publicity, employment, consumer or other third-party rights by the Customer or its users;
- the Customer's breach of these Terms, law, store rules, third-party terms or professional duties;
- unauthorised use of an account, credential or bearer link attributable to the Customer's act or omission; or
- taxes, fees, chargebacks, refunds or customer disputes arising from the Customer's own goods or services.
23.3. The indemnity does not apply to the extent the relevant claim or loss was caused by the Provider's breach of this agreement, negligence, fraud or wilful misconduct. Comparative fault, contribution and allocation by settlement or competent decision apply where permitted. No indemnity requires payment for the Provider's own liability where such transfer is prohibited, prejudices a third party's non-waivable right, or shifts liability that Mandatory Law assigns to the Provider.
23.4. The Provider will give reasonably prompt notice of an indemnified claim, subject to no loss of rights except to the extent delay materially prejudices the defence. The Customer may control the defence with counsel reasonably acceptable to the Provider, but may not admit fault by, impose an obligation on, or settle a claim against a Provider Indemnified Party without written consent. The Provider may participate at its own cost and may take control where conflicts, injunctive relief, regulatory exposure, safety or reputational risk reasonably require; reasonable resulting defence costs remain indemnified.
24. Warranty disclaimers
24.1. Sections 24.2 through 24.4 apply only to Customers acting in trade, business, craft or profession. They do not exclude or limit a Consumer's statutory rights concerning supply, conformity, functionality, continuity, security, updates or remedies. Nothing in this section excludes a warranty that Mandatory Law does not allow the Provider to disclaim.
24.2. To the maximum extent permitted by law, the Service, all outputs, Customer Content displays, third-party information, public records, links, exports, support and Documentation are provided "as is", "as available" and "with all faults". The Provider disclaims all express, implied, statutory and other warranties, conditions, representations and terms not expressly stated in these Terms or the binding store-presented purchase information, including merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, completeness, timeliness, availability, continuity, compatibility, security, absence of malware, error-free operation and results.
24.3. The Provider does not warrant that the Service will detect every identifier, duplicate, conflict, defect, hazard, fraud, personal datum, malicious file, unauthorised action or inaccurate statement; that a gate or capability restriction cannot be bypassed; that data will never be lost, altered, disclosed or unavailable; that a signature, hash, source or user is genuine; that third-party data is current or complete; or that use will satisfy a law, authority, insurer, manufacturer, marketplace, buyer or Customer requirement.
24.4. No oral statement, support response, demo, screenshot or course of dealing creates a warranty or expands an obligation beyond these Terms and the binding store-presented purchase information. This clause does not disclaim a binding plan description, liability for fraud or fraudulent misrepresentation, or responsibility for a misleading commercial practice that cannot lawfully be excluded. The Customer is responsible for evaluating the Service and every output for its intended use.
25. Exclusive contractual remedies
25.1. Subject to Mandatory Law, if the paid Service materially fails to conform to an express contractual commitment and the Customer promptly gives sufficient details, the Provider may, at its option: correct or reperform the affected function; provide a substantially equivalent workaround; or terminate the affected function and refund prepaid fees attributable to the unused affected period. Termination of an affected paid function under this section is a Paid Entitlement End for that function and does not by itself constitute Account or Workspace Termination or deletion of Customer Content. These are the Customer's exclusive contractual remedies for non-conformity, unavailability or breach of warranty.
25.2. The Customer must use reasonable efforts to mitigate loss, install supported fixes, preserve evidence, follow recovery instructions and avoid unsafe continuation. The Provider is not liable for loss that could reasonably have been avoided.
25.3. Consumer statutory remedies, including rights concerning supply, conformity, updates, price reduction, termination and reimbursement where applicable, are not limited by this section.
26. Exclusion and limitation of liability
26.1. Sections 26.1 through 26.5 apply only to Customers acting in trade, business, craft or profession and only to the extent enforceable. They do not impose a contractual exclusion or cap on a person who merely views a public record without accepting transaction-specific terms. Subject to section 26.6, the exclusions apply regardless of legal theory, including contract, tort (including negligence), misrepresentation, breach of statutory duty, strict liability, restitution or otherwise, even if a remedy fails of its essential purpose or a party was advised that loss was possible.
26.2. The Provider Indemnified Parties will not be liable for any indirect, incidental, consequential, special, exemplary or punitive loss, or for loss of profit, revenue, savings, business, opportunity, contracts, production, use, goodwill, reputation, anticipated benefit or data; cost of substitute services; business interruption; or third-party claims against the Customer. They will not be liable for physical battery or equipment damage, recall or remediation costs, lost or reduced resale value, Customer warranty or refund costs, regulatory fines or personal-data claims arising from the Customer's own content, instructions or legal duties, or injury arising from the Customer's battery activities, except to the extent caused by Provider conduct for which applicable law does not permit exclusion or limitation.
26.3. The Provider is not liable for an act or omission of the Customer, an Authorised User, Public Recipient, battery owner, buyer, supplier, manufacturer, authority, app store or other third party; inaccurate or unlawful Customer Content; unauthorised link forwarding; an unsupported device; loss of local data; Customer failure to export or back up; a third-party source or service; force majeure; or a consequence of following, ignoring or misapplying Customer or third-party instructions, except to the extent the Provider independently breached a non-excludable duty.
26.4. For a Customer acting in trade, business, craft or profession, and subject to section 26.6, the total aggregate liability of all Provider Indemnified Parties arising from or relating to the Service and agreement will not exceed:
- for a paid Customer, the fees charged to and paid by that Customer for the affected Service during the 12 months immediately preceding the first event giving rise to liability, excluding VAT, refunds and chargebacks; or
- for Free Demo Workspace use, EUR 50 in total.
For a store purchase, the amount charged to and paid by the Customer for the affected Service counts for this purpose, excluding VAT, refunds and chargebacks. A series of connected events is one event for the cap. The cap is aggregate, not per user, claim, battery, record or incident.
26.5. No Provider employee, director, contractor, affiliate, licensor, subprocessor or distributor has separate liability for the Service beyond the aggregate cap. The Customer may not recover twice for the same loss. The exclusions and cap are essential elements of the commercial allocation of risk and pricing.
26.6. Nothing in these Terms excludes or limits liability to the extent caused by the Provider's fraud, fraudulent misrepresentation, intentional misconduct or gross negligence; death or personal injury caused by negligence; any non-excludable statutory product liability; a data subject's right to compensation against a liable controller or processor; or any other liability that applicable law prohibits excluding or limiting. Where applicable law requires full compensation for any such matter, no exclusion or cap in these Terms applies. Consumer rights are addressed in section 28.
26.7. Except for matters within section 26.6, where law does not allow a stated exclusion but permits limitation, the affected liability is limited to the lowest lawful amount. If a business-to-business cap or exclusion is unenforceable as drafted, it is applied to the maximum lawful extent without invalidating the remaining protections. No consumer term is to be judicially rewritten where Mandatory Law instead requires that an unfair term be treated as non-binding.
27. Business claim procedure, limitation period and insurance
27.1. This section applies only to business and professional Customers and only to the extent permitted by law.
27.2. The Customer must notify the Provider in writing of a suspected claim without undue delay and, where reasonably possible, within 60 days after discovery. The notice must describe the facts, affected workspace and records, alleged breach, loss, mitigation and supporting evidence. Delay does not bar a claim unless and to the extent the Provider is materially prejudiced or the applicable statutory limitation period expires.
27.3. Claims are subject exclusively to the limitation and forfeiture periods prescribed by applicable law. Nothing in these Terms shortens, extends, suspends or otherwise alters any such period.
27.4. Before filing a proceeding, authorised representatives must attempt in good faith for at least 30 days to resolve the dispute after a sufficiently detailed written notice. Either party may seek urgent interim relief, preserve a limitation period, respond to an authority or protect safety, security, confidentiality or intellectual property without waiting.
27.5. The Customer must maintain insurance reasonably appropriate to its activities and risk, including as applicable commercial general liability, product liability, professional errors and omissions, employer liability, property, cyber/privacy, environmental and transport coverage. On reasonable request after a material incident, the Customer will provide evidence of applicable coverage. Insurance does not limit the Customer's obligations.
28. Consumers and mandatory statutory rights
28.1. The professional workspace Service is not directed to consumers. A person is nevertheless a "Consumer" for these Terms if Mandatory Law treats that person as acting mainly outside a trade, business, craft or profession. Merely calling a person a professional does not remove statutory consumer status.
28.2. If you are a Consumer, nothing in these Terms excludes, waives or reduces mandatory rights concerning pre-contract information, fair terms, supply and conformity of digital content or services, security updates, remedies, cancellation, withdrawal, refunds, data protection, product liability, governing law, court jurisdiction, collective or representative redress, or access to authorities and qualified dispute bodies.
28.3. Any governing-law choice does not deprive a Consumer of mandatory protection of the country of habitual residence where applicable. A Consumer may bring proceedings in, and may be sued only in, the courts allowed by mandatory jurisdiction rules. Sections 22, 23, 26 and 27 apply to a Consumer only to the extent they are fair, transparent, individually binding and legally enforceable.
28.4. Store-provided withdrawal, cancellation and refund information must be presented before purchase, including that cancellation normally preserves full access through the paid-through date and then converts the Customer's same production workspace to Retained Read-Only Access, with retained records, evidence, attachments and previously generated files remaining visible and exportable, the limited protective safety actions in sections 4.7 and 17.4 remaining available for existing batteries, and verified renewal restoring operational rights in that same workspace without a Customer data migration. A Consumer may cancel renewal through the applicable store process without losing full access before the end of an already-paid period unless a lawful refund, revocation or other store event ends the entitlement earlier.
Montenegro statutory withdrawal notice. If the Provider directly concludes a distance contract with a Consumer, the Consumer may withdraw from that contract without giving any reason within fourteen days after the contract is concluded, or within any longer period required by Mandatory Law. To exercise the right, the Consumer must, before that period expires, send an unequivocal statement of the decision to withdraw to Battery Passport Software at hello@batterypassportsoftware.com. The Consumer may use, but is not required to use, the model form below. The Provider will promptly confirm receipt on a durable medium. If the Consumer expressly requested that the digital service begin during the withdrawal period and then withdraws, the Consumer must pay only the amount proportionate to the service supplied before the withdrawal notice. The Provider will reimburse all other payments received under the withdrawn contract without undue delay and no later than fourteen days after receiving the notice, using the original payment method unless the Consumer expressly agrees otherwise and incurs no fee. Where the applicable store is responsible for the transaction or refund, the Provider may process or coordinate the reimbursement through that store without reducing any mandatory right. The withdrawal right is excluded or ceases only where and to the extent Mandatory Law permits, including: (a) for a paid service, after the service has been fully performed, but only where performance began with the Consumer's prior express consent and acknowledgement that the right would be lost upon full performance; or (b) for paid digital content not supplied on a tangible medium, after supply begins, but only after the Consumer's prior express consent, acknowledgement of loss of the right, and receipt of the required contractual confirmation. Cancelling automatic renewal is distinct from statutory withdrawal and normally leaves access in place until the paid-through date.
Model withdrawal form — complete and send only if you wish to withdraw:
- To: Battery Passport Software — hello@batterypassportsoftware.com
- I hereby give notice that I withdraw from my contract for the supply of the Battery Passport Software digital service.
- Date the contract was concluded: ____________________
- Plan, order number or account email: ____________________
- Consumer's name: ____________________
- Consumer's address: ____________________
- Consumer's signature, only if this form is submitted on paper: ____________________
- Date: ____________________
28.5. If a Consumer's digital content or service is not supplied or lacks legally required conformity, the Consumer may have mandatory rights to supply, correction, price reduction, termination, reimbursement and retrieval of content. The Provider will not charge for a remedy where law requires it to be free. A material adverse modification to a continuously supplied consumer digital service will be handled with the notice, valid reason, no-extra-cost and termination rights required by law.
28.6. No term requires a Consumer to waive a claim before the underlying failure or lack of conformity is known, or prevents a complaint to a regulator, consumer organisation, court or legally competent alternative-dispute-resolution body.
28.7. A Consumer may submit a complaint by emailing hello@batterypassportsoftware.com with the subject "Consumer Complaint". The Provider will maintain an electronic complaint register containing the complainant and receipt date, the affected product or service, the subject and requested remedy, and the date any receipt confirmation was issued, and will retain the register and complaint records for at least two years after receipt. If a complaint is not resolved immediately, the Provider will issue a written confirmation of receipt without delay. The Provider will respond in writing on a durable medium, stating its position on the request and proposing a resolution, without delay and no later than eight days after receipt where Montenegro consumer law applies. This process does not restrict any regulatory, alternative-dispute-resolution or court remedy.
29. Governing law and disputes
29.1. For Customers acting in trade, business, craft or profession, this agreement and non-contractual obligations arising from it are governed by the laws of Montenegro, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods.
29.2. Subject to section 27.4, the competent courts of Montenegro have exclusive jurisdiction over business disputes. Either party may seek urgent interim or protective relief in any competent jurisdiction; the Provider may pursue an undisputed debt or enforce a judgment where the Customer or its assets are located.
29.3. If a Consumer uses the Service, sections 28.3 and all mandatory consumer forum rules prevail. Nothing in these Terms limits the jurisdiction of a regulator, data-protection authority, market-surveillance authority or other body whose jurisdiction cannot be excluded.
30. Apple App Store and Google Play terms
30.1. For an iOS application, these Terms are between the Provider and the user, not Apple. The Provider, not Apple, is solely responsible for the application and its content. The licence is non-transferable and limited to use on Apple-branded products that the user owns or controls, as permitted by the Apple Media Services Usage Rules, including any permitted Family Sharing, volume-purchase or Legacy Contact access.
30.2. The Provider, not Apple, is responsible for maintenance and support to the extent stated in these Terms or required by law. Apple has no obligation to provide maintenance or support. If the iOS application fails to conform to an applicable warranty that has not been effectively disclaimed, the user may notify Apple, and Apple will refund the purchase price, if any, for the application. To the maximum extent permitted by law, Apple has no other warranty obligation; other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform remain the Provider's responsibility to the extent required by law and subject to the lawful limitations in these Terms.
30.3. The Provider, not Apple, is responsible for addressing claims relating to the iOS application or its possession or use, including product-liability, legal or regulatory conformity, consumer-protection and privacy claims, to the extent applicable. If a third party claims that the iOS application or its possession and use infringes intellectual-property rights, the Provider, not Apple, is responsible for investigation, defence, settlement and discharge to the extent required by law.
30.4. Apple and its subsidiaries are third-party beneficiaries of these Terms for the iOS application. On acceptance, Apple has the right, and is deemed to have accepted the right, to enforce the applicable Terms against the user as a third-party beneficiary.
30.5. For an Android distribution, the licence to install, display and use the application binary is non-exclusive, worldwide and perpetual to the extent required by the Google Play Developer Distribution Agreement. This does not create any perpetual entitlement to hosted functionality, Customer Content, a production workspace or production mutations, which remain governed by sections 7.5 and 17.
30.6. For Google Play and Apple transactions, the user must comply with the applicable store, payment, device, wireless-data and other third-party terms. The applicable store processes transactions and may administer cancellation and refunds under its rules. That allocation does not displace the Provider's responsibility to supply and support the Service or any statutory warranty, conformity, refund or other remedy owed by the Provider. Google is not a party to these Terms and has no support or warranty obligation for the Service merely because it distributes the application.
30.7. The Service developer is the Provider identified at the beginning of these Terms and in the applicable store listing or purchase record. The sole contractual contact published in these Terms for questions, complaints and claims is hello@batterypassportsoftware.com. Additional seller or developer information that a store or Mandatory Law requires may appear in the applicable store listing or transaction record.
31. Export controls, sanctions and anti-corruption
31.1. The Customer must comply with applicable export-control, sanctions, customs, anti-boycott, anti-bribery and anti-corruption laws. It must not use, export, re-export, transfer or permit access to the Service in a prohibited territory, for a prohibited end use, or by or for a restricted person.
31.2. As required by Apple's minimum EULA terms, the user represents that the user is not located in a country or region subject to a United States Government embargo or designated by that government as supporting terrorism, and is not listed on a United States Government prohibited or restricted-party list. This representation applies only to the extent permitted by applicable law and does not replace broader compliance duties.
31.3. The Provider may screen, block, suspend or request information where reasonably necessary for trade compliance and may comply with binding government orders without liability except where Mandatory Law provides otherwise.
32. Confidentiality
32.1. Each party may receive non-public business, technical, security or commercial information identified as confidential or that reasonably should be understood as confidential ("Confidential Information"). The receiving party will use it only to perform or exercise rights under the agreement, protect it with at least reasonable care, and disclose it only to personnel and service providers with a need to know and binding confidentiality duties.
32.2. Confidential Information excludes information the recipient can document was lawfully known without restriction, becomes public without breach, is received lawfully from a third party without duty, or is independently developed without use of the information. Customer Content is handled under sections 9 and 15 and the DPA.
32.3. A recipient may disclose information when law or a competent order requires, and where legally permitted will give prompt notice and reasonable assistance at the discloser's cost. The Provider may disclose necessary information to protect safety, investigate abuse, establish or defend claims, operate through subprocessors engaged in accordance with section 15, or complete a corporate transaction subject to appropriate safeguards.
32.4. Unauthorised disclosure of source code, credentials, security design, non-public APIs or personal data may cause irreparable harm. A party may seek injunctive relief in addition to other lawful remedies, subject to the limitations and Mandatory Law applicable to the underlying claim.
33. General terms
33.1. Changes. The Provider may update these Terms for security, safety, law, service changes or legitimate business reasons. The Provider will state a new effective date and give advance notice of material changes where required. Changes do not retroactively alter accrued claims. Continued use after a validly notified effective date constitutes acceptance only to the extent permitted by law; where fresh consent is required, the Provider will request it. For a continuously supplied Consumer digital service, a modification is permitted only for a valid reason stated in the contract, without additional cost, with clear notice and, where access or use is adversely affected beyond a minor degree, advance notice on a durable medium and the statutory termination option.
33.2. Assignment. The Customer may not assign, transfer or novate the agreement, workspace or entitlement without the Provider's prior written consent. The Provider may assign or transfer the agreement to an affiliate or in connection with financing, reorganisation, merger, sale of business or assets, or succession, subject to Mandatory Law and continued protection of personal data. An impermissible assignment is void to the extent permitted by law.
33.3. Subcontractors. The Provider may use affiliates, hosting providers, stores, professional advisers and other subcontractors to perform the Service. The Provider remains responsible for contractual duties to the extent required by the agreement and law. Personal-data subprocessors are governed by the DPA or Privacy Policy.
33.4. Force majeure. Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disaster, fire, epidemic, war, civil disorder, labour disruption, utility, network or cloud outage, cyberattack not caused by failure to use legally required care, app-store or authority action, embargo, source failure or legal change. Payment obligations already due are not excused. The affected party will use reasonable efforts to mitigate and resume performance.
33.5. Notices. Legal notices to the Provider must be sent to hello@batterypassportsoftware.com. Email is deemed received on the next business day unless the sender receives a delivery-failure notice. The Provider will send material contractual notices to the Customer's account email or another durable medium. An app or website notice alone is used only for operational information that does not alter contractual rights. The Customer must keep contact details current. Service of court documents is governed by applicable procedural law and is not deemed accepted merely by this clause.
33.6. Entire agreement and no reliance. The agreement is the entire agreement about the Service and supersedes prior proposals, statements and understandings on that subject. Each business party acknowledges that it did not rely on a statement not expressly included in the agreement, without limiting liability for fraud or another non-excludable matter.
33.7. Severability and lawful application. If a term is invalid, unlawful or unenforceable, it is severed or applied to the maximum extent permitted by law, and the remainder continues in force where it can do so independently. In a business-to-business agreement, a term may be reformed only where and to the extent the governing law permits. An unfair consumer term is non-binding and will not be rewritten where Mandatory Law prohibits that result. Each disclaimer, exclusion, cap and remedy is intended to operate separately, but no wording requires a court or authority to preserve a term contrary to Mandatory Law.
33.8. No waiver. Failure or delay to enforce a right is not a waiver. A waiver must be written and signed by an authorised representative and applies only to the stated instance.
33.9. No third-party beneficiaries. Except for Apple under section 30.4 and Provider Indemnified Parties entitled to enforce protections expressly granted to them, no third party has a contractual enforcement right. This does not affect rights arising independently under law.
33.10. Language. These Terms are published only in English. The English version is the sole and controlling version for business Customers. Where Mandatory Law requires local-language information or a local-language version to control, the Provider will provide it and that version controls only to that extent. The availability of the mobile application or web panel in another interface language does not create a translated version of these Terms.
33.11. Interpretation. "Including" means "including without limitation". A singular includes the plural. Headings are for convenience. A reference to law includes amendments and replacements. No ambiguity is construed against a party merely because that party drafted the text; this sentence does not override a mandatory consumer interpretation rule.
33.12. Electronic agreement. Electronic acceptance, notices, records and signatures may be used to the extent permitted by law. The Customer should retain a copy of the accepted Terms and store-presented purchase information.
34. Contact
All legal notices, claims, support requests, consumer complaints, privacy requests, content notices and moderation appeals: hello@batterypassportsoftware.com. A descriptive subject line is requested for routing but is not required for validity.