Terms and Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between the User and GRAPELY - CLOUD BASED TECHNOLOGIES, LDA (“Grapely” or “Owner”). By accessing or using our website and services (“Services”), the User agrees to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.

For your convenience, this Terms and Conditions document is available in translation. In the event of discrepancies between translations, the Portuguese version shall prevail. The official Terms and Conditions document in Portuguese is available here.

1. Acceptance of Terms

Read these Terms and Conditions carefully before using the Services offered by Grapely.

You can review the most recent version of the Terms at any time on this page.

We reserve the right to change these Terms at any time. It is the User’s responsibility to periodically check this page to stay informed about changes. By using or continuing to use our Services, the User acknowledges that they have read, understood and agree to comply with these Terms, as well as our Privacy Policy and any policies referenced herein.

  • “Agreement”: Any contractual or legally binding relationship between Grapely and the User, governed by these Terms.
  • “Consumer”: Any individual who accesses the Services for personal and non-commercial purposes.
  • “E-Label”: A dedicated web page, accessible via URL, that displays specific information about a product (Data Content), available in one or more languages.
  • “Data Content”: Product-related information, represented as data attributes (in formats such as text, images or others), provided by the User to Grapely and made available to Consumers through an E-Label.
  • “Grapely”: GRAPELY - CLOUD BASED TECHNOLOGIES, LDA, the legal entity that provides the Services, also referred to as the Owner.
  • “Services”: The services provided by the Owner, as described in these Terms and on our Services.
  • “Terms”: All provisions applicable to the use of our Services, as described in this document, including any other related documents or agreements and periodic updates.
  • “User”: Any individual or legal entity that uses our Services, whose details are specified in the Registration Form and who has accepted these Terms and Conditions.

3. General Conditions

Grapely reserves the right to refuse its Services to any individual or entity at any time and for any reason.

Please note that any content you submit (excluding credit card information and passwords) may be transmitted without encryption across various networks and may undergo modifications to meet the technical requirements of those networks or connected devices. However, credit card information and passwords will always be encrypted during transmission over networks.

The section headings in these Terms are provided for convenience only and do not limit or affect the interpretation or application of the Terms.

4. Relationship Clauses

Nothing in these Terms creates an employment, agency or partnership relationship between Grapely and the User. The User is solely responsible for their interactions and relationship with Grapely.

5. User Eligibility and Restrictions

By accessing or using our Services, the User represents and warrants that they are at least of legal age in their country, state or province of residence, or that they are of legal age and have given us their consent to allow their minor dependents to use this site.

5.1 Content Responsibility

  • Accuracy and Inspection: The User is solely responsible for the accuracy and completeness of any content created using Grapely’s Services, including E-Labels, websites, PDFs, Excel files or other outputs. The final inspection of all content is the responsibility of the User and Grapely assumes no liability for any errors in the content.
  • No Legal Advice: Grapely’s Services are provided as tools to assist in content creation and do not constitute legal advice. The User should consult legal professionals as necessary to ensure compliance and accuracy.

6. User Obligations

6.1 Registration

  • The User must provide accurate and complete information during registration and keep it updated.
  • The User is responsible for maintaining the confidentiality of their account credentials.
  • The User agrees to promptly update any contact details, payment methods and other relevant account information to ensure its accuracy and validity.

6.2 Compliance

  • The User is responsible for ensuring that printed QR codes work and direct to the correct website.
  • The User must ensure that all Data Content complies with applicable laws and regulations.
  • The User is responsible for ensuring that the Data Content is accurate, legal and does not infringe on third-party rights.

6.3 Security

  • The User must implement sufficient security measures to protect against unauthorized access.
  • Only authorized individuals may access the account using the User’s credentials. Any unauthorized access or sharing of credentials will be considered a violation of these Terms.

6.4 Downloadable Content and Security Responsibilities

The User is responsible for:

  • Implementing security measures to prevent malware infections and attacks.
  • Ensuring backups of all data exchanged or uploaded to the Services.
  • Ensuring that any downloaded content is scanned for viruses or malware.

7. User Submissions and Feedback

By submitting comments, suggestions, ideas, proposals or other materials to Grapely, by any method, the User agrees that Grapely may use, edit, copy, publish, distribute and translate such submissions in any medium and at any time without restriction. By submitting such materials, the User waives any claim to confidentiality, compensation or mandatory response from Grapely.

Grapely may, but is not obligated to, monitor, edit or remove submissions deemed illegal, offensive, threatening, defamatory, obscene or otherwise unacceptable, or that violate third-party rights or these Terms.

The User warrants that their submissions do not infringe on third-party rights, including copyright, trademarks, privacy, personality or other personal or proprietary rights. Additionally, the User agrees that their submissions will not contain illegal, abusive or obscene material, nor viruses or malware that could compromise the functionality of the Services.

8. Services

8.1 Description of Services

Grapely offers the following Services:

  • Access to Data Models: Tools for entering and managing product information.
  • Translation Assistance: Support for translating mandatory Consumer information into multiple languages.
  • E-Label Publishing: Creation, maintenance and editing of E-Labels publicly accessible via QR codes for Consumers.
  • QR Code Generation: Production of QR codes linking to individual E-Labels.

8.2 New Features or Tools

Any new service, feature or tool provided by Grapely will also be subject to these Terms.

8.3 Modifications to Services and Prices

Grapely reserves the right to change the prices of any of its Services without prior notice. Additionally, Grapely may modify or discontinue the Services, in whole or in part, at any time and without notice.

Grapely will not be liable to the User or third parties for changes in prices, suspensions or discontinuations of the Services.

9. Service Availability and Interruptions

While Grapely strives to keep its Services available at all times, it cannot guarantee uninterrupted access due to maintenance, updates or unforeseen circumstances, such as force majeure events, including but not limited to natural disasters, wars, strikes and cyberattacks.

In such cases, Grapely will endeavor to inform Users about expected downtime. Grapely is not liable for damages or losses resulting from any service interruption, whether due to routine maintenance or unforeseen events.

Grapely reserves the right to:

  • Interrupt the Services for maintenance, system updates or any other changes.
  • Adequately inform Users about scheduled maintenance or unexpected interruptions.
  • Suspend or discontinue the Services in their entirety.

10. Subscription and Payments

10.1 Plans

Grapely offers various subscription plans (“Plans”) that allow Users to create a specific number of E-Labels:

  • XS Plan: Up to 3 E-Labels per year.
  • S Plan: Up to 10 new E-Labels per year.
  • M Plan: Up to 25 new E-Labels per year.
  • L Plan: Up to 50 new E-Labels per year.
  • XL Plan: Up to 100 new E-Labels per year.
  • Custom Plan: Custom number of new E-Labels per year.

Each E-Label, whether in draft or published, will count toward the total allowed by the selected plan.

10.2 Payment Terms

  • Subscriptions are billed annually and must be paid in advance.
  • Payment methods include credit cards and other methods specified on our Services.
  • Users authorize Grapely to charge the selected payment method for all fees due.

10.3 Upgrades and Downgrades

  • Users may upgrade or downgrade their Plan at any time.
  • Upgrades take effect immediately, with proportional additional fees.
  • Downgrades take effect at the end of the current billing cycle.

10.4 Renewal and Cancellation

  • Plans automatically renew annually unless canceled before the renewal date.
  • Users may cancel their subscription at any time through account settings.
  • No refunds will be issued for partial subscription periods.

At the end of the active plan term:

  • If there are more than 3 E-Labels, only the 3 oldest will remain active, while the most recent will be deactivated first.
  • Unless the User deletes their account, it will be transferred to the XS Plan.
  • If the User wishes to redirect labels before the end of the billing cycle, they must contact the support team at [email protected] to arrange redirection, as detailed in the Right to QR Code URL Redirection section.

10.5 QR Code URL Redirection

  • The User may request the redirection of existing QR codes to new URLs for a legitimate purpose (e.g., to another E-Label service provider), as described in the Right to QR Code URL Redirection section.

10.6 Failed Payments

  • Grace Period: We may grant a grace period before suspending your account, but we reserve the right to suspend or terminate your access immediately in case of payment failure.

11. Acceptable Use Policy

11.1 Permitted Use

The Services may only be used within the scope for which they are provided, in accordance with these Terms and applicable law.

11.2 Prohibited Activities

It is prohibited to use the Services to:

  • (a) Engage in illegal actions, including soliciting violations or violating laws, regulations or rights;
  • (b) Infringe or violate our or third-party intellectual property rights;
  • (c) Harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, nationality or disability;
  • (d) Provide false or misleading information;
  • (e) Upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services, any related website or the Internet;
  • (f) Collect or track the personal information of others;
  • (g) Engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping;
  • (h) Use the Services for any obscene or immoral purpose;
  • (i) Interfere with or circumvent the security features of the Services or any related website, other websites or the Internet;
  • (j) Use the Services in a way that may harm, overload, interfere with or disrupt the operation, functionality or normal use of the Services by other Users or Consumers;
  • (k) Promote, encourage or facilitate the sale of goods or services restricted or prohibited by applicable law.

11.3 Consequences of Violation

Grapely reserves the right to take any appropriate measures to protect its legitimate interests, including:

  • Denying Users access to the Services and destroying any data or content created by them.
  • Terminating the Services.
  • Reporting any improper conduct carried out through the Services to the competent authorities, such as judicial or administrative authorities.

12. Intellectual Property Rights

12.1 Grapely’s Rights

All content available on Grapely’s Services, including text, graphics, logos, icons, images, data compilations, software and their compilation, is the property of Grapely or its licensors and is protected by applicable intellectual property laws.

12.2 User’s Rights

  • Data Content: The User retains all rights to the Data Content they provide. By submitting Data Content, the User grants Grapely a worldwide, royalty-free license to use, reproduce, modify, adapt, publish and display the Data Content for the purposes of providing current and future Services.

12.3 Restrictions

The User may not:

  • Copy, modify, create derivative works or redistribute this content without express written permission from Grapely, except as permitted for personal, non-commercial use with proper copyright attribution.
  • Allow third parties to do so through the User or their device, even unknowingly.
  • Deconstruct, decompile or disassemble any part of the Services.
  • Remove or alter any proprietary notices or labels.

12.4 Third-Party License

By using our Services, the User authorizes Grapely to grant third parties a non-exclusive, non-transferable and non-sublicensable right to directly access the Data Content that the User has published on E-Labels. This access is limited to the Data Content already published and is solely intended to support the functionality of our Services or other services compatible with our offerings.

13. Third-Party Resources and Dependencies

Grapely’s Services may feature content, products or services provided by third parties, as well as links to external websites or resources not affiliated with Grapely. We do not control or endorse these third-party resources and make no representations regarding their content, accuracy, availability or practices.

Any use of optional tools offered through our Services is at the User’s sole responsibility. We assume no liability for any damages, losses or issues arising from interactions with third-party websites or resources. This includes any transactions involving goods, services or other materials accessed through links on Grapely’s Services. Users are advised to review the terms and practices of each third-party provider before engaging in any transactions with them.

For questions, complaints or concerns related to third-party products or services, you should contact the relevant provider directly, as they operate under their own policies or applicable laws.

13.2 Third-Party Dependencies

Grapely’s Services may depend on or interact with tools, services and resources from third parties over which we have no control. Grapely is not responsible for interruptions, inaccuracies or errors caused by third-party providers, nor is it liable for any direct or indirect damages or losses resulting from their actions. Users accept that reliance on third-party resources is at their sole risk.

14. Limitation of Liability

14.1 General Limitation

To the fullest extent permitted by law, Grapely will not be liable for any indirect, incidental, punitive, special, consequential or exemplary damages, including but not limited to loss of profits or business, data or goodwill, arising from or related to the use of Grapely’s Services.

Additionally, Grapely does not guarantee that the quality of products, services or information obtained through the Services will meet the User’s expectations.

14.2 Specific Exclusions

Grapely will not be liable for:

  • Damages or losses resulting from interruptions or failures of the Services due to force majeure events or circumstances beyond our control (e.g. natural disasters or cyberattacks).
  • Loss of business opportunities, revenue, profits or anticipated savings.
  • Damages, losses or harm due to viruses or other malware transmitted through the Services.
  • Unauthorized access to Grapely’s secure servers or any personal information stored therein.
  • Any defamatory, offensive or illegal conduct by any User or third party.

14.3 Accuracy, Completeness and Timeliness of Information

Grapely does not guarantee the accuracy, completeness or timeliness of the information available on this site. All materials are provided for general informational purposes and should not be relied upon as the sole basis for decision-making without consulting primary, more reliable or more current sources of information. Any reliance on the information provided on this site is at the User’s own risk.

Certain materials on this site may refer to past events or information that is no longer current. Such materials are provided for reference only. While Grapely reserves the right to change the site’s content at any time, there is no obligation to update any specific information. The User agrees that it is their responsibility to stay informed about changes to our site.

14.4 Maximum Liability

Grapely’s total liability to the User for any claim arising from or related to these Terms or the User’s use of the Services will not exceed the amount paid by the User to Grapely in the twelve (12) months preceding the claim.

15. Indemnification

The User agrees to indemnify, defend and hold harmless Grapely and third parties affiliated with Grapely from any claims, liabilities, damages, losses, costs or expenses (including but not limited to attorney fees) arising from or in connection with:

  • Your use and access to the Services, including any data or content transmitted or received by the User.
  • Your violation of these Terms, including any breach of representations and warranties.
  • Your violation of any third-party rights, including privacy or intellectual property rights.
  • Your violation of any statutory law, rule or regulation.
  • Any content submitted from your account, including misleading, false or inaccurate information.
  • Your intentional misconduct.
  • Any breach of legal or contractual obligations by the User or their representatives, employees or partners, to the extent permitted by applicable law.

16. Termination

Grapely reserves the right to deny access, suspend or terminate the Services if the User violates these Terms, any applicable laws, infringes third-party rights, substantially harms Grapely’s legitimate interests or engages in conduct offensive to Grapely or any third party.

The sections related to Intellectual Property Rights, Limitation of Liability, Indemnification, Governing Law and Jurisdiction and any other provisions that, by their nature, should survive termination, will remain in effect.

16.1 Right to QR Code URL Redirection

  1. Initial Redirection Setup:
  • Users on the S Plan or higher may request an initial URL redirection at no additional cost.
  • Users on the XS Plan may request an initial URL redirection, subject to a one-time redirection fee.
  • The initial redirection is valid for 5 years from the setup date.
  1. Redirection Renewal:
  • To extend redirection services beyond the initial 5-year period, all Users are subject to a renewal fee.
  • Each renewal is valid for an additional 5 years.
  1. URL Modifications or Additional Redirections:
  • Any subsequent modifications to an existing URL or requests to redirect to a different URL will incur a fee, applicable to all Users, regardless of the plan.

17. Privacy Policy

To learn more about the use of your Personal Data, please refer to our Privacy Policy.

18. Governing Law and Jurisdiction

These Terms are governed by Portuguese law, with disputes subject to the exclusive jurisdiction of the courts of Portugal. If the User’s country provides a higher level of consumer protection, those standards will prevail.

19.1 No Waiver

Grapely’s failure to enforce any right or provision of these Terms does not constitute a waiver of the right to do so.

19.2 Contract Assignment

  • Grapely reserves the right to transfer, assign, dispose of by novation or subcontract any or all rights or obligations under these Terms.
  • Users may not assign or transfer their rights or obligations under these Terms without Grapely’s prior written permission.

19.3 Resale of Services

Users may not reproduce, duplicate, copy, sell, resell or exploit any part of the Services without Grapely’s prior written permission.

19.4 Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision will not affect the validity of the remaining provisions, which will remain in full force and effect.

20. Contact Information

GRAPELY - CLOUD BASED TECHNOLOGIES, LDA

Rua da Cruzinha, S/N
5085-205 Covas do Douro
Portugal

Contact Email: [email protected]

21. Final Provisions

These Terms constitute the entire Agreement between Users and Grapely with respect to the subject matter herein and supersede all prior agreements, understandings and communications, whether written or oral, between the parties with respect to such subject matter and shall not be construed against the drafting party in case of ambiguity.

By using our Services, the User acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.