Terms & Conditions
Last updated: March 1, 2025
Summary
This is a user-friendly summary of our full Terms & Conditions. While we’ve made every effort to highlight the key points in a clear and accessible way, please note that the complete legal document remains the binding agreement between us.
Your Account & Access
- You must be at least 18 years old to create an account
- Provide accurate information when registering
- Keep your account credentials secure and confidential
- Each user needs their own account - no sharing of credentials
- We offer different tiers (Free through Enterprise) with varying features
- We may suspend accounts for violations, suspicious activity, or inactivity
How UIDs Work
- UIDs are unique identifiers for tracking physical objects
- You must have legal right to track the objects you assign UIDs to
- Basic UID information is publicly verifiable by design
- You control which additional information is public vs. private
- UIDs cannot be deleted, only marked as obsolete
- The system uses credits for UID generation and certain operations
Your Data & Privacy
- We comply with GDPR and German data protection laws
- We act as data controller for account information and processor for UID data
- We implement appropriate security measures to protect your data
- You retain rights to access, correct, and request deletion of your personal data
- If you process third-party personal data through our service, you are responsible for compliance
Intellectual Property
- We own all intellectual property rights in the service itself
- You retain rights to content you submit (descriptions, metadata, etc.)
- You grant us license to use your content to provide and improve the service
- You must not infringe on others’ intellectual property rights
- Our API and documentation are our confidential information
Liability
- We provide the service with reasonable care and skill
- Our liability is limited to the greater of: your payments over 12 months or €100
- We’re not liable for indirect or consequential damages
- Nothing excludes our liability for matters like fraud or gross negligence
- You indemnify us against claims arising from your misuse of the service
Payments
- Pricing is based on subscription tiers with an integrated credit system
- All prices are in Euros and include applicable VAT for EU customers
- Payments are non-refundable except where required by law
- Subscriptions auto-renew unless cancelled at least 30 days before renewal
- We’ll notify you of renewal 45 days in advance
Termination
- You can cancel your account at any time
- Paid subscriptions run until the end of the current billing period
- We may terminate accounts for violations, security concerns, or non-payment
- UIDs created during your active period remain valid after termination
- We retain your data for 30 days after termination
Legal Framework
- These terms are governed by German law
- We’ll try to resolve disputes amicably through direct negotiation
- For business customers, exclusive jurisdiction is in Hamburg, Germany
- Consumers retain rights to bring proceedings at their place of residence
- The EU online dispute resolution platform is available to consumers
If you have any questions about these terms, please contact us at our support email address. We’re committed to transparency and helping you understand your rights and obligations when using markUID.
Terms and Conditions
1. Introduction and Definitions
These Terms and Conditions (“Terms”) govern the use of markUID (“Service”), operated by [Company Name] (“Company”, “we”, “us”, or “our”), a company registered in Germany under registration number [Registration Number], with its principal place of business at [Address]. These Terms constitute a legally binding agreement between the Company and any natural or legal person (“User”, “you”, or “your”) who accesses or uses the Service.
For the purpose of these Terms, the following definitions shall apply:
“Service” refers to the markUID platform, including all its features, functionalities, and application programming interfaces (APIs) that enable the tracking and tracing of physical objects through unique identifiers.
“UID” means a unique identifier generated through our Service for the purpose of tracking and identifying physical objects.
“Platform” means the software, website, and APIs through which the Service is provided.
“Account” refers to the registered user account required to access and use certain features of the Service.
“Content” means any information, data, text, software, graphics, messages, tags, or other materials submitted, posted, or displayed through the Service.
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
2. Service Access and User Accounts
To access certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information as prompted by the registration process. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities conducted through your account.
The Service offers different tiers of access, including a free tier and various paid subscription levels. The specific features, limitations, and conditions applicable to each tier are detailed in our current service description, which forms an integral part of these Terms. We reserve the right to modify the features and limitations of any tier upon reasonable notice.
You must be at least 18 years old or have reached the age of majority in your jurisdiction, whichever is higher, to create an account. If you are creating an account on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Account credentials may not be shared between multiple users. Each individual requiring access to the Service must maintain their own separate account. Business or enterprise accounts may create and manage multiple sub-accounts as permitted by their subscription tier.
We reserve the right to suspend or terminate your account, with or without notice, if we have reasonable grounds to believe that:
You have violated these Terms or any applicable laws or regulations; You have provided false or misleading information during registration; Your account shows signs of automated or suspicious activity; Your account has been inactive for an extended period; or Termination is necessary to comply with legal requirements or protect our rights or the rights of other users.
Upon account termination, whether initiated by you or us, you will lose access to any UIDs, data, or content associated with your account. You are responsible for exporting or backing up any necessary data before account termination. We may retain certain data as required by law or as necessary for our legitimate business purposes.
You agree to notify us immediately of any unauthorized access to your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
Access to the Service may occasionally be restricted to carry out repairs, maintenance, or to introduce new features. We will strive to provide reasonable notice of any planned maintenance and minimize service disruption. We do not guarantee uninterrupted access to the Service and shall not be liable for any downtime or service interruptions.
3. UIDs and Object Tracking
The Service provides unique identifiers (UIDs) for tracking and identifying physical objects. Each UID is a randomly generated, unique string of characters that complies with our security standards. UIDs are assigned on a first-come, first-served basis and cannot be reserved in advance.
When generating a UID, you warrant and represent that you have the legal right to track and identify the associated physical object. You shall not generate UIDs for objects that you do not own or have no legal authority to track. The Company reserves the right to invalidate any UID if we receive credible information that it was generated without proper authorization.
UIDs generated through our Service are publicly accessible by design. Any person may query basic information about a UID through our public API, including its validity and certain non-sensitive metadata. This public accessibility is an essential feature of our Service’s trust and verification system. By generating a UID, you acknowledge and accept that the existence of the UID and its basic metadata will be publicly verifiable.
You maintain control over what information is publicly visible versus private. The Service provides multiple privacy levels for metadata associated with UIDs. You are solely responsible for properly configuring these privacy settings and for any consequences of making certain information public. We strongly advise against including sensitive or confidential information in public UID metadata.
Once generated, UIDs cannot be deleted but may be marked as obsolete. This permanent record ensures the integrity of the tracking system. You may mark your UIDs as obsolete when they are no longer in use, but the UID and its history will remain in our system for verification purposes. This policy is essential for maintaining the system’s integrity and preventing fraud.
The Service operates on a credit system for UID generation and certain API operations. Credits are consumed according to our current pricing structure, which forms part of these Terms. Different account tiers may receive different credit allowances and replenishment rates. Unused credits may expire according to the terms of your specific account tier.
You retain all ownership rights to the physical objects tracked through our Service. The Company does not claim any ownership rights over the objects, data, or metadata you submit to the Service. However, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process this information as necessary to provide and improve the Service.
The Company is not responsible for verifying the authenticity, quality, or characteristics of physical objects associated with UIDs. Users and third parties relying on UID information do so at their own risk. We provide the technical infrastructure for tracking and verification but do not guarantee or endorse any tracked objects.
In the event of a dispute regarding UID ownership or usage rights, the Company reserves the right to: temporarily restrict access to disputed UIDs; transfer UID control based on clear evidence of ownership; or maintain existing UID assignments pending resolution through appropriate legal channels. We may require documentation proving ownership or authority before making any changes to UID control.
4. Data Protection and Privacy
The protection of your personal data is of paramount importance to us. We process personal data in accordance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Our role as defined by these regulations varies depending on the type of data processing: we act as a data controller for personal data collected during account registration and management, and as a data processor for any personal data you submit in connection with UIDs or object tracking.
When you register for our Service, we collect and process certain personal data necessary for account creation and management, including your email address, name, and business information where applicable. This processing is based on Article 6(1)(b) GDPR, as it is necessary for the performance of our contract with you. Additional data may be processed based on your explicit consent under Article 6(1)(a) GDPR or our legitimate interests under Article 6(1)(f) GDPR.
We store your personal data only for as long as necessary to provide our Service and comply with legal obligations. Account data is retained for the duration of your account’s existence and for a period thereafter as required by applicable law or necessary for the establishment, exercise, or defense of legal claims. Certain non-personal data related to UIDs may be retained indefinitely to maintain system integrity.
In providing our Service, we employ technical and organizational measures that comply with Article 32 GDPR to ensure the security of your personal data. These measures include encryption of data in transit and at rest, access controls, regular security assessments, and staff training. Despite these measures, no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security.
As our Service operates within the European Union, we primarily process and store data within the EU/EEA. However, limited data transfers to third countries may occur where necessary for service provision. Such transfers are conducted only with appropriate safeguards in place, such as Standard Contractual Clauses approved by the European Commission or adequacy decisions under Article 45 GDPR.
You maintain specific rights regarding your personal data under the GDPR, including the right to access, rectification, erasure, restriction of processing, data portability, and objection to processing. These rights may be exercised by contacting our Data Protection Officer at [DPO email]. We will respond to such requests within the statutory period of one month, which may be extended by two further months where necessary.
If you use our Service to process personal data of third parties, you act as the data controller for such processing. You warrant that you have obtained all necessary consents and legal bases for such processing and agree to comply with all applicable data protection laws. You shall indemnify us against any claims arising from your processing of personal data through our Service.
We maintain records of our data processing activities in accordance with Article 30 GDPR and conduct data protection impact assessments where required by Article 35 GDPR. In the event of a personal data breach, we will notify the relevant supervisory authority and affected individuals in accordance with Articles 33 and 34 GDPR.
You have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal data infringes upon data protection laws. The lead supervisory authority for our Service is [relevant German state data protection authority], though you may also contact your local supervisory authority.
5. Intellectual Property Rights
The Service, including its software, algorithms, user interface, documentation, and all other components developed by us, is protected by copyright, trademark, trade secret, and other intellectual property laws. All intellectual property rights in the Service are owned by or licensed to the Company. These Terms do not transfer any ownership rights in the Service to you; rather, you are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
The markUID name, logo, and any other Company trademarks, service marks, product names, and trade names appearing in the Service are owned by the Company. No right, license, or interest in these trademarks is granted to you through your use of the Service, and you agree not to display or use them in any manner without our prior written permission.
The Service’s API, documentation, and technical specifications constitute our trade secrets and confidential information. You agree to use these materials solely for the purpose of interacting with the Service as permitted by these Terms and your subscription tier. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Service.
With respect to content you submit to or through the Service, including object descriptions, metadata, and any other information associated with UIDs, you retain all intellectual property rights that you hold in such content. By submitting content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, store, display, reproduce, modify, and distribute such content solely for the purposes of operating, improving, and promoting the Service.
You represent and warrant that you have all necessary rights, licenses, and permissions to submit content to the Service and to grant the licenses described above. You shall not upload, transmit, or share any content that infringes upon or violates the intellectual property rights or other rights of any third party. We reserve the right to remove any content that allegedly infringes upon third-party intellectual property rights upon receiving notice of such infringement.
In accordance with the Digital Millennium Copyright Act (DMCA) and similar laws, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with applicable law. If you believe your copyrighted work has been infringed through our Service, you may submit a written notification to our designated copyright agent containing the information required by the DMCA.
The public nature of UIDs and certain associated metadata does not diminish or waive any intellectual property rights you may have in the underlying physical objects or confidential information. You are solely responsible for ensuring that your use of the Service, including the public sharing of any information through UIDs, does not compromise your intellectual property rights or trade secrets.
Any feedback, suggestions, ideas, or recommendations you provide regarding the Service may be freely used by us without any compensation or obligation to you. By providing such feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such feedback in any way and for any purpose.
The obligations regarding intellectual property rights shall survive the termination or expiration of these Terms. Upon termination, you must cease all use of the Service and delete any copies of our intellectual property in your possession, except as specifically permitted by applicable law or separate written agreement with us.
6. Liability and Warranties
We provide the Service with reasonable care and skill, and we warrant that the Service will function substantially as described in our current service documentation. For customers who qualify as consumers under applicable law, this does not affect your statutory rights, including your rights under the mandatory consumer protection provisions of your local law.
The Service is provided for tracking and identification purposes only. We make no representations or warranties about the physical objects associated with UIDs or the accuracy of any user-submitted information. While we implement reasonable measures to ensure system integrity, we cannot guarantee that UIDs will always be unique or that our databases will never experience technical issues or unauthorized access attempts.
Our total liability for any claims arising from or in connection with these Terms or your use of the Service shall be limited to the greater of: (i) the total amount you have paid to us for the Service during the twelve months preceding the incident giving rise to the claim, or (ii) EUR 100. This limitation applies to any type of claim, whether based on contract, tort, or any other legal theory, except where such limitation is prohibited by applicable law.
Notwithstanding the foregoing limitation, nothing in these Terms shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; gross negligence or willful misconduct; or any other liability that cannot be limited or excluded under applicable law, including liability under the German Product Liability Act (Produkthaftungsgesetz).
We shall not be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages, including but not limited to loss of profits, loss of business opportunity, loss of data, or cost of replacement services, even if we have been advised of the possibility of such damages. This exclusion applies to the fullest extent permitted by applicable law.
You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or in connection with: your use of the Service in violation of these Terms; your violation of any third-party rights, including intellectual property rights or privacy rights; or your violation of any applicable laws or regulations.
We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, armed conflicts, industrial disputes, governmental actions, or widespread technological failures. In such circumstances, we will notify you as soon as reasonably possible and take reasonable steps to minimize the effect of the delay.
The Service may contain links to third-party websites, services, or resources that are not under our control. We are not responsible for the content, security, or privacy practices of such third parties. Your use of third-party services is at your own risk and subject to any terms and conditions governing such services.
If you are using the Service on behalf of a business or other entity, you agree that any limitations of liability set forth in these Terms reflect a reasonable allocation of risk between the parties, taking into account the nature of the Service and the amount charged for it. You acknowledge that without these limitations, the fees charged for the Service would be significantly higher.
7. Pricing and Payment Terms
The Service operates on a tiered subscription model with an integrated credit system. Our current pricing structure, including all subscription tiers, credit costs, and associated features, is published on our website and incorporated into these Terms by reference. We reserve the right to modify our pricing structure upon providing thirty (30) days advance notice through our website or direct communication to affected users.
Our subscription tiers include Free, Premium, Professional, Enterprise, and Pay-Per-Use options. Each tier provides different credit allowances, replenishment rates, and feature access levels. The Free tier offers limited functionality with a basic credit allowance suitable for small-scale use. Paid tiers offer enhanced features, increased credit allowances, and additional support options according to their respective specifications.
Credits are the primary currency for utilizing our Service’s features, including UID generation and certain API operations. Each billable operation consumes a specified number of credits as detailed in our current pricing documentation. Credit consumption rates may vary based on operation type and subscription tier. Unused credits may expire according to the terms of your specific subscription tier, and expired credits are not refundable or transferable.
Payment for paid subscription tiers must be made in advance through our authorized payment processors. All prices are listed in Euros and include applicable Value Added Tax (VAT) for customers within the European Union. Customers outside the EU may be subject to additional taxes or charges imposed by their local jurisdictions, for which they are solely responsible.
For customers selecting invoice payment, invoices are due within fourteen (14) days of issuance unless otherwise specified in a separate written agreement. Late payments may result in service suspension and will accrue interest at the statutory rate under German law (§ 288 BGB). All banking fees and charges related to payment processing shall be borne by the customer.
Subscription fees are non-refundable except where required by applicable law or as explicitly stated in these Terms. In cases where you terminate your subscription before the end of a billing period, you will maintain access to the Service until the end of the current billing period but will not receive a refund for the unused portion.
Enterprise customers may negotiate custom pricing terms, credit allowances, and payment terms through separate written agreements. Such agreements must be signed by authorized representatives of both parties and will take precedence over the standard pricing terms outlined here to the extent of any inconsistency.
If you believe an invoice or credit deduction contains an error, you must notify us in writing within thirty (30) days of the invoice date or credit deduction. Failure to provide such notice constitutes acceptance of the charges. Upon receiving a timely dispute notification, we will investigate the matter and either adjust the disputed amount or provide explanation for the original charge.
We employ industry-standard security measures to protect payment information and never store complete credit card details on our servers. All payment processing is handled through PCI-DSS compliant third-party payment processors. By providing payment information, you represent that you are authorized to use the payment method and agree to our payment processor’s terms of service.
8. Term and Termination
These Terms become effective upon your acceptance and remain in force until terminated in accordance with the provisions contained herein. For users of our Free tier, the Terms continue indefinitely until terminated by either party. For paid subscription tiers, the initial term begins on the date of subscription activation and continues for the duration specified in your subscription plan.
Paid subscriptions automatically renew for successive periods equal to your initial subscription term unless you provide written notice of non-renewal at least thirty (30) days before the end of the current term. We will send you a renewal notification at least forty-five (45) days before the end of your current term, including any changes to pricing or terms that would apply to the renewal period.
You may terminate your account at any time by providing written notice to us through our designated cancellation process. For Free tier users, termination takes effect immediately. For paid subscription tiers, termination becomes effective at the end of your current billing period. Early termination of paid subscriptions does not entitle you to any refund of prepaid fees unless otherwise required by applicable law.
We reserve the right to terminate or suspend your access to the Service immediately and without prior notice if we determine, in our sole discretion, that: you have materially breached these Terms; your use of the Service poses a security risk or could subject us to liability; your account shows signs of fraudulent activity or unauthorized access; your subscription payments are overdue by more than fifteen (15) days; or termination is necessary to comply with applicable law or regulatory requirements.
Upon termination of your account for any reason, your right to access and use the Service ceases immediately. You will lose access to your account features, including the ability to generate new UIDs or modify existing ones. However, UIDs generated during your active service period will remain valid and publicly queryable to maintain system integrity and prevent supply chain disruption.
Following termination, we will retain your data for a period of thirty (30) days during which you may request a copy of any data you are entitled to under applicable data protection laws. After this period, we will delete or anonymize your personal data in accordance with our data retention policies and applicable laws, except where we are required to retain specific information for legal or regulatory compliance purposes.
Enterprise customers with custom agreements may have different termination provisions as specified in their separate written agreements. In the event of any conflict between these standard termination provisions and those in a custom agreement, the terms of the custom agreement shall prevail.
The following provisions of these Terms survive termination: intellectual property rights, confidentiality obligations, limitation of liability, indemnification obligations, and any other provisions that by their nature should reasonably survive termination. Your obligation to pay any outstanding fees also survives termination.
If you terminate your account due to changes in these Terms or our Privacy Policy that materially reduce your rights or increase your obligations, and such changes were not required by law or necessary to prevent fraud or security issues, you may be entitled to a pro-rata refund of any prepaid fees covering the period after termination.
9. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms or any agreement between you and the Company.
For customers who qualify as consumers within the meaning of § 13 of the German Civil Code (BGB), the mandatory consumer protection provisions of their country of habitual residence shall apply in addition to German law, provided that such provisions would be applicable under the relevant rules of international private law.
For all disputes arising from or in connection with these Terms or your use of the Service, we will strive to resolve the matter amicably through direct negotiation. You agree to first contact us with any concerns at our designated dispute resolution email address, and we commit to responding to such communications within fifteen (15) business days.
If a dispute cannot be resolved through direct negotiation within sixty (60) days of initial notification, and you are a business customer, the exclusive place of jurisdiction shall be Hamburg, Germany. However, we reserve the right to initiate legal proceedings at your principal place of business if we are pursuing payment claims or seeking injunctive relief.
For customers who qualify as consumers, the jurisdiction provisions shall not affect their right to bring legal proceedings before the competent court of their place of residence. Furthermore, consumers may access the European Commission’s online dispute resolution platform at http://ec.europa.eu/consumers/odr for resolving disputes related to online service contracts.
Prior to initiating any formal legal proceedings, business customers agree to participate in mediation under the rules of the German Institution of Arbitration (Deutsche Institution für Schiedsgerichtsbarkeit e.V., DIS). The mediation shall take place in Hamburg, Germany, and shall be conducted in English unless both parties agree to conduct it in German.
Any claim arising under these Terms must be brought within one (1) year of the date on which the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim. This limitation period shall not apply to claims by consumers or to claims that cannot be subject to such limitation under applicable law.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remainder of the Terms shall continue in full force and effect. The invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision within the limits of applicable law.
The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and any waiver must be in writing and signed by the party granting such waiver.
10. Miscellaneous Provisions
These Terms, together with our Privacy Policy and any additional terms specifically referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, representations, and understandings between the parties. Any additional or different terms proposed by you shall be void unless expressly agreed to in writing by an authorized representative of the Company.
You may not assign, transfer, or sublicense these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this restriction shall be void. We may assign our rights and obligations under these Terms, in whole or in part, to any successor to all or substantially all of our business or assets, or to any subsidiary or affiliate, without your consent.
All notices required or permitted under these Terms shall be in writing and shall be deemed effective upon receipt when sent by email to your registered email address or our designated contact address. Notices regarding changes to these Terms or our Privacy Policy may also be provided by posting them on our website or within the Service interface, and such notices shall be deemed effective upon posting.
The relationship between you and the Company is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has the authority to bind the other or to incur obligations on the other’s behalf without prior written consent.
We may modify these Terms from time to time to reflect changes in the Service, applicable laws, or our business practices. We will provide notice of any material changes through the Service interface or by email at least thirty (30) days before they become effective. Your continued use of the Service after such changes constitute your acceptance of the modified Terms. If you do not agree to any changes, you must discontinue using the Service before they become effective.
The section headings in these Terms are for convenience only and have no legal or contractual effect. The word “including” and similar expressions mean “including without limitation.” References to “written” or “in writing” include email and other forms of electronic communication intended to create a durable record.
These Terms may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Electronic signatures and signatures transmitted by electronic means shall be valid and effective to bind the party so signing. Each party agrees to promptly deliver an execution original to the other party; provided, however, that failure to do so shall not affect the enforceability of these Terms.
The Company reserves all rights not expressly granted to you under these Terms. No right or license is granted hereunder by implication, estoppel, or otherwise. Any rights not expressly granted herein are reserved by the Company. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If you have any questions about these Terms or the Service, please contact us at our designated support email address or postal address provided on our website. We will make every reasonable effort to address your concerns and resolve any issues in accordance with these Terms and applicable law.