These Terms of Use (“Terms”) govern the use of Conphora’s website conphora.com (“Website”) and Conphora’s compliance platform and associated services (“Service”), provided by Conphora ApS (“Conphora”, “we”, “us”).
The Terms apply to everyone who visits the Website (“Users”) as well as to businesses and individuals who create an account and use the Service (“Customer”).
By accessing the Website, you accept the parts of the Terms relating to website use (sections 1–3 and 13–18). By creating an account, clicking “Accept” or otherwise commencing use of the Service, the Customer accepts all Terms and confirms that the person accepting is authorised to bind the Customer.
Provider Conphora ApS CVR/VAT: DK43489968 Address: Copenhagen, Denmark
1. Definitions
- “Website”: conphora.com and all subpages.
- “Service”: Conphora’s compliance platform, including software, dashboards, APIs and related services.
- “Output”: All information generated by the Service, including automated checks, status views, recommendations, reports, document templates and other content.
- “Customer Data”: Data and files uploaded by the Customer to the Service or generated from the Customer’s input.
- “User”: Any person who accesses the Website.
- “Customer”: The business or individual who creates an account and uses the Service.
2. Scope and purpose
The Service provides software tools that help the Customer collect, structure and review product information in relation to potential regulatory requirements, standards and documentation needs for consumer products. The Service may include automated checks, suggestions, status indicators, reports and templates (“Output”).
3. Website use
This section applies to all Users of the Website.
All content on the Website (texts, guides, blog posts, illustrations) is for general information purposes and does not constitute legal advice. The content may contain simplifications and must not be used as the sole basis for compliance decisions.
Conphora strives to keep the content up to date but does not guarantee that it is complete, accurate or current at all times.
All content on the Website belongs to Conphora ApS and is protected by copyright. The content may not be copied, reproduced or reused without prior written permission from Conphora.
4. Account creation, access and security
The Customer must ensure that account login credentials are kept confidential and are not shared with unauthorised persons. The Customer is responsible for all activity under its accounts, unless misuse is attributable to Conphora.
Conphora may suspend access where reasonably necessary to protect the Service, the Customer or third parties (e.g. in cases of suspected misuse, security incidents or material breach of these Terms).
5. No legal advice, certification or compliance guarantee
Conphora does not provide legal advice, regulatory approvals, product certifications or binding compliance determinations. All Output is provided solely for informational and decision-support purposes.
6. Customer’s responsibility for compliance
The Customer is solely responsible for ensuring that the Customer’s products comply with all applicable laws, regulations, standards and market-access requirements in the jurisdictions where the products are marketed, distributed or sold.
The Customer is in particular solely responsible for:
- a) determining which requirements apply to the Customer’s products, markets and distribution;
- b) ensuring that all product data and documentation provided to the Service are accurate, complete and up to date;
- c) arranging and obtaining necessary testing, assessment, approval and documentation from relevant third parties;
- d) making the final determination regarding compliance and whether products may be placed on the market;
- e) independently verifying all Output, including by engaging qualified advisors, test laboratories or notified bodies, before making decisions based on Output;
- f) ensuring that the Customer’s use of the Service does not replace legally required procedures, including conformity assessments, risk assessments and third-party certifications;
- g) keeping abreast of changes in applicable legislation, regardless of whether the Service alerts the Customer to such changes.
The Customer acknowledges that inaccurate, incomplete or outdated input data may result in incomplete or inaccurate Output.
Conphora is under no circumstances liable for the Customer’s compliance status, the legality of the Customer’s products, or the consequences of non-compliance with applicable legislation.
7. Data disclaimer
The Service processes and analyses data based on the information provided by the Customer and on Conphora’s interpretation of applicable rules and standards.
Conphora does not guarantee:
- that the regulatory database is complete or covers all applicable rules, standards, interpretations or enforcement practices in all jurisdictions;
- that Output is error-free, complete, accurate or current;
- that automated checks and status views reflect the actual compliance status of the Customer’s products;
- that the Service will detect all deficiencies, risks or non-compliance in the Customer’s product data or documentation.
The Customer acknowledges that:
- inaccurate, incomplete or outdated input data may result in inaccurate or incomplete Output;
- regulatory requirements change on an ongoing basis, and delays may occur between a regulatory change and the Service’s update;
- Output does not replace professional legal, technical or regulatory advice;
- the Customer bears full responsibility for verifying Output and for all decisions made on the basis of the Service.
Conphora disclaims all liability for losses, damages, fines, sanctions, recalls, product liability claims or other consequences arising directly or indirectly from errors, deficiencies or inaccuracies in the Service, the Output or the underlying regulatory database.
8. Beta features and product changes
The Service is offered as a paid subscription. Conphora may from time to time release new or experimental features as “beta” or “early access” features. Beta features may be changed, restricted, removed or discontinued at any time and may have reduced performance or an increased risk of errors.
Conphora may update, modify or improve the Service over time, including adding or removing functionality, provided that such changes do not materially reduce the core functionality to which the Customer subscribes without reasonable notice.
9. Licence and intellectual property rights
Conphora grants the Customer a non-exclusive, non-transferable right to access and use the Service during the subscription period, solely for the Customer’s internal business purposes.
Conphora retains all rights, title and interest in and to the Service, including software, methods, templates, user interface and underlying models, with the exception of Customer Data.
The Customer retains ownership of data and files uploaded to or generated from the Customer’s input in the Service (“Customer Data”).
10. Data, hosting and confidentiality
Customer Data is hosted in Europe. Conphora implements reasonable technical and organisational measures to protect Customer Data.
Each party shall keep the other party’s confidential information confidential and use it only to the extent necessary to fulfil these Terms.
To the extent the Customer uploads personal data, the Customer is responsible for ensuring that there is a lawful basis for doing so. If a data processing agreement is necessary for the parties’ cooperation, the parties shall enter into such an agreement in writing.
11. Pricing, invoicing and payment
The first 20 products are free. Thereafter, €0.2 per product per month is charged. Invoicing takes place monthly in arrears based on the number of active products.
Payment may be made by credit card or invoice. For invoice payments, the payment term is fourteen (14) days from the invoice date.
Non-payment may result in suspension of access until payment is received. Conphora reserves the right to charge default interest and reasonable collection costs in accordance with applicable law.
12. Availability and support
Conphora strives to provide a stable Service but does not guarantee uninterrupted availability. Scheduled maintenance may occur. Conphora will endeavour to give notice when practically possible.
13. Disclaimer
The Service and Output are provided “as is” and “as available”. Conphora makes no warranties that Output is error-free, complete or always up to date with all applicable rules, interpretations or enforcement practices.
The Customer acknowledges and accepts that the Customer must not rely solely on the Service or Output to ensure compliance, and that all compliance decisions remain the Customer’s responsibility.
Conphora does not guarantee that the Service is compatible with or covers the Customer’s specific products, materials, markets or regulatory situations. The Customer is responsible for assessing whether the Service is suitable for the Customer’s needs.
Conphora is not liable for third-party content, standards or interpretations referenced in the Service.
14. Limitation of liability
To the extent permitted by applicable law, Conphora shall not be liable for indirect losses, consequential damages, special damages or punitive damages, including but not limited to:
- loss of profit, revenue or goodwill
- business interruption
- product recalls
- fines and sanctions
- costs of re-certification or re-testing of products
- regulatory sanctions, import bans or loss of market access
- damage to the Customer’s reputation or business relationships
- losses resulting from delayed or missing warnings from the Service
Conphora’s aggregate liability in connection with the Service is limited to the total fees paid by the Customer to Conphora for the Service in the twelve (12) months preceding the event giving rise to the claim (or, if shorter, during the subscription period).
Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for intent or gross negligence.
15. Indemnification
The Customer shall indemnify and hold Conphora harmless from any third-party claims, liabilities, damages, fines, sanctions and costs (including reasonable legal fees) arising from the Customer’s products, marketing, distribution or non-compliance, including the Customer’s use of and reliance on Output.
16. Term and termination
These Terms apply from the Customer’s acceptance and continue until the subscription is terminated in accordance with the applicable plan.
Either party may terminate for material breach if the breach has not been remedied within a reasonable time after written notice.
Upon termination, the Customer’s access shall cease. Conphora may offer a limited period for export of Customer Data, unless prohibited by law or where necessary to protect the Service or third parties.
17. Changes to the Terms
Conphora may update these Terms from time to time. Material changes will be notified with reasonable notice. Continued use of the Service after the effective date constitutes acceptance. If the Customer does not accept updated Terms, the Customer may terminate the subscription.
18. Governing law and jurisdiction
These Terms are governed by Danish law. Any dispute that cannot be resolved amicably shall be brought before the courts of Denmark with venue in Copenhagen (unless mandatory legislation prescribes otherwise).