Algemene voorwaarden

1. Parties & definitions

"PackR8" or "Service" — the software-as-a-service platform operated at packr8.com and its subdomains, including related APIs, documentation, and onboarding services.

"Circular Vision", "we", "us" — Circular Vision B.V., KvK 80971636, Utrecht, Netherlands.

"Customer", "you" — the legal entity that enters into a subscription agreement to use PackR8.

"User" — an individual authorised by Customer to access PackR8 under Customer's subscription.

"Customer Data" — all data, content, and materials that Customer or its Users load into PackR8, including packaging records, supplier evidence, EPR declarations, and any other content.

"MSA" — Master Services Agreement, the commercial contract signed between Customer and Circular Vision.

"DPA" — Verwerkersovereenkomst under Article 28 GDPR, forming part of the MSA. Published at packr8.com/dpa.

"SLA" — Service Level Agreement, referenced in Section 7.

2. Aanvaarding of terms

By accessing packr8.com or using PackR8, you agree to these Terms. If you are accessing on behalf of an organisation, you represent that you have authority to bind that organisation. If Customer has signed an MSA, that MSA prevails over these Terms in case of conflict; these Terms still apply as a baseline where the MSA is silent.

3. Subscription, scope & users

Subject to payment of fees, Circular Vision grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use PackR8 during the subscription term solely for Customer's internal business operations. The subscription scope (SKU volume, EU markets covered, integrations) is set out in the Order Form attached to the MSA.

Customer may invite as many Users as needed within its subscription. Customer is responsible for each User's compliance with these Terms and the MSA. Users must keep their credentials confidential; Circular Vision is not liable for unauthorised access resulting from credential compromise on Customer's side.

4. Fees, payment & taxes

Fees are set out in the Order Form, due annually in advance unless otherwise agreed. Invoices are payable within 30 days of issue. Late payments accrue statutory interest under Dutch commercial law and may result in suspension of the Service following 30 days written notice.

All fees are exclusive of VAT. Customer is responsible for any applicable sales, use, withholding, or similar taxes, except taxes based on Circular Vision's net income.

We may revise fees at renewal with at least 60 days' notice before the end of the current term. If Customer does not accept the revised fees, Customer may elect not to renew.

5. Your obligations

• Provide accurate, complete information during account setup and keep it current.
• Ensure Customer Data loaded into PackR8 is lawfully obtained and that Customer has the right to process it.
• Implement reasonable security practices on Customer's side (MFA, strong passwords, SSO where available).
• Comply with all applicable laws, including data protection, export control, and sector-specific regulations.
• Not use PackR8 in a manner that would create regulatory risk for Circular Vision.

6. Acceptable use

Customer and its Users shall not:

• Reverse-engineer, decompile, or attempt to derive source code from PackR8, except to the extent permitted by mandatory law;
• Circumvent access controls, rate limits, or integrity mechanisms;
• Use PackR8 to transmit malicious code, spam, or illegal content;
• Resell, sub-license, or offer PackR8 as a managed service to third parties without a separate written agreement;
• Use PackR8 to benchmark against, or build, a competing product;
• Load Customer Data that infringes third-party rights or violates applicable law.

7. Our obligations & SLA

Circular Vision will provide PackR8 with commercially reasonable care and skill. Target availability is 99.5% monthly uptime, measured outside Scheduled Maintenance windows. Scheduled Maintenance is announced at least 72 hours in advance and, where practical, performed outside European business hours.

If monthly availability falls below 99.5%, Customer is entitled to a service credit calculated as follows (credits are Customer's sole remedy for availability breaches):

Support is provided during European business hours (Monday–Friday, 09:00–18:00 CET, excluding Dutch public holidays) via email and the in-product support channel. Enterprise-tier support options are available in the MSA.

8. Customer data & DPA

Customer Data remains the property of Customer. Circular Vision processes Customer Data solely as a processor, on Customer's documented instructions, under the DPA (see packr8.com/dpa). On termination, Customer may export its data in machine-readable format (CSV, JSON) for 30 days after the effective termination date; after that window, Customer Data is deleted from production systems (backups rotate within 90 days).

9. Intellectual property

All IP rights in PackR8 (including software, design, documentation, and improvements developed on the platform) are owned by or licensed to Circular Vision. Customer retains all rights in Customer Data. Feedback, suggestions, or requests provided by Customer or its Users may be used by Circular Vision without restriction to improve the Service.

10. Confidentiality

Each party shall protect the other's Confidential Information using at least the same standard of care it uses to protect its own, and not less than reasonable care. Confidential Information may be disclosed only to employees and advisers with a need to know who are bound by equivalent confidentiality obligations. This obligation survives termination for 5 years.

11. Warranties & disclaimers

Circular Vision warrants that PackR8 will substantially conform to its published documentation during the subscription term and that Circular Vision has the right to provide the Service.

Except as expressly set out in these Terms and the MSA, PackR8 is provided "as is". Circular Vision disclaims all other warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. PackR8 outputs (including Declarations of Conformity, EPR filings, recyclability assessments) are based on Customer-supplied data and regulatory interpretation as of the date generated; they do not constitute legal advice, and Customer retains full responsibility for regulatory submissions.

12. Aansprakelijkheidsbeperking

To the maximum extent permitted by law:

• Neither party is liable for indirect, incidental, consequential, or punitive damages, lost profits, lost revenue, or loss of data.
• Each party's aggregate liability arising out of or related to these Terms and the MSA is capped at the fees paid by Customer in the 12 months preceding the event giving rise to liability.

The above limits do not apply to: (a) breaches of confidentiality obligations, (b) gross negligence or wilful misconduct, (c) infringement of the other party's IP rights, (d) indemnification obligations under the MSA, (e) liability that cannot be limited under Dutch law.

13. Term & termination

Subscriptions run for the Initial Term stated in the Order Form (typically 12 months) and renew automatically for successive 12-month periods unless either party gives at least 30 days' notice of non-renewal before the end of the current term.

Either party may terminate for material breach not cured within 30 days of written notice, or immediately if the other party becomes insolvent or enters moratorium proceedings. On termination:

• Customer's right to access PackR8 ends;
• Customer has 30 days to export Customer Data;
• Accrued fees remain payable;
• Sections 8, 9, 10, 11, 12, 17 survive termination.

14. Export & sanctions

Customer represents that it is not located in, or acting on behalf of, any country or individual subject to EU sanctions, and that it will not use PackR8 in violation of applicable export laws.

15. Force majeure

Neither party is liable for failure or delay in performance (except payment obligations) caused by circumstances beyond its reasonable control, including natural disasters, war, civil unrest, pandemics, regional power outages, cyber-attacks originating from state actors, or widespread failure of the internet.

16. Changes to these terms

We may update these Terms to reflect product changes, legal requirements, or to clarify ambiguities. Material changes will be notified by email and via banner on packr8.com at least 30 days before they take effect. Continued use after that date constitutes acceptance. If Customer does not accept material changes, Customer may terminate the subscription with pro-rated refund for the unused portion of the then-current term.

17. Toepasselijk recht & disputes

These Terms are governed by the laws of the Netherlands, excluding its conflict-of-laws principles and the UN Convention on Contracts for the International Sale of Goods.

The parties will attempt in good faith to resolve disputes through negotiation for at least 30 days. If unresolved, disputes are submitted to the exclusive jurisdiction of the competent court in Utrecht, Netherlands.

18. Miscellaneous

• Entire agreement: these Terms, together with the MSA, DPA, and Order Form, are the entire agreement and supersede prior agreements.
• Assignment: neither party may assign without written consent, except to an affiliate or successor in a merger/acquisition.
• No waiver: failure to enforce any provision is not a waiver.
• Severability: if any provision is found unenforceable, the remainder stays in effect.
• Notices: notices must be in writing and delivered to the contact addresses in the MSA (or for these Terms alone, to legal@packr8.com).

19. Contact

Circular Vision B.V.
KvK 80971636 · Utrecht, Netherlands
legal@packr8.com