Terms & Conditions

Hello! We’re a Belgian Software-as-a-Service (SaaS) provider specializing in chemical safety data and CLP compliance solutions. Before using our platform, please carefully read these Terms and Conditions.

By using our platform, you acknowledge and agree to be bound by these terms. If you do not agree with any part of these terms, please do not use NextSDS.

1. Definitions

1.1. “Service” refers to the NextSDS platform, including all its features and functionalities. 1.2. “CLP” refers to the EU CLP Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures. 1.3. “SDS” refers to Safety Data Sheets as defined in REACH Regulation (EC) No 1907/2006.

2. Account Creation and Usage

2.1. You must be a legally registered business or authorized representative to use NextSDS. 2.2. You are responsible for:

• Maintaining the confidentiality of your account credentials
• Ensuring the accuracy of all safety data uploaded to the platform
• Complying with all applicable EU and Belgian regulations 2.3. Multi-user accounts must designate an administrator responsible for user management and access control.

3. Service Description

3.1. NextSDS provides:

• SDS management and storage
• CLP compliance automation
• E-commerce hazard information display solutions
• Customer safety data portal 3.2. While we assist with compliance, ultimate responsibility for regulatory compliance remains with your organization. 3.3. Our platform is provided “as is” and “as available.” We make no representations or warranties about the accuracy, completeness, or reliability of any content, including Safety Data Sheets, managed through our platform.

4. Data Processing and Privacy

4.1. We process your data in accordance with GDPR and Belgian privacy laws. 4.2. Our data processing activities are governed by our Data Processing Agreement, available upon request. 4.3. All data is stored in EU-based servers in compliance with EU data protection requirements. 4.4. We act as a data processor for any personal data contained within safety documentation.

5. Safety Data Management

5.1. You warrant that:

• All uploaded safety data is accurate and compliant with current regulations
• You have necessary rights to share and process the safety data
• You will promptly update safety data when changes occur 5.2. We provide tools for compliance but do not guarantee regulatory compliance. 5.3. You acknowledge and agree that:
• NextSDS acts solely as a platform for managing and storing Safety Data Sheets
• We do not verify, validate, or assume responsibility for the accuracy or completeness of any SDS content
• You are solely responsible for the creation, maintenance, and accuracy of all SDS content
• Any reliance on SDS content or other information available through our platform is at your own risk

6. Subscription and Payment

6.1. Prices are in EUR and exclude VAT (BTW/TVA). 6.2. Payment terms: 30 days from invoice date unless otherwise agreed. 6.3. Annual subscriptions are automatically renewed unless cancelled 30 days before renewal. 6.4. Invoices are issued electronically in compliance with Belgian e-invoicing requirements.

7. Intellectual Property

7.1. The NextSDS platform and its content are protected under Belgian and EU intellectual property laws. 7.2. You retain ownership of your safety data while granting us necessary licenses to provide our services.

8. Liability and Indemnification

8.1. Our liability is limited to the extent permitted by Belgian law. 8.2. Maximum liability shall not exceed the total amount paid for services in the 12 months preceding any claim. 8.3. We are not liable for:

• Inaccurate safety data provided by users
• Regulatory non-compliance resulting from incorrect use of our platform
• Consequential or indirect damages 8.4. Website and SDS Disclaimer:
• We expressly disclaim all responsibility for any damages, losses, or liabilities arising from the use of our website or platform
• We are not responsible for any decisions, actions, or consequences resulting from the use of SDSs or other information accessed through our platform
• Users acknowledge that they use the platform and any associated information at their own risk
• We do not guarantee the availability, reliability, or accuracy of the platform or its content 8.5. You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
• Your use of SDSs managed through our platform
• Any reliance on information obtained through our services
• Any violation of these terms or applicable regulations

9. Term and Termination

9.1. We provide a 30-day notice for any material changes to these terms. 9.2. Upon termination:

• You can export your safety data in standard formats
• We retain data for the legally required retention period
• All payment obligations remain in effect

10. Governing Law

10.1. These terms are governed by Belgian law. 10.2. Any disputes shall be subject to the exclusive jurisdiction of the courts of Brussels. 10.3. In case of conflict between language versions, the English version prevails.

11. Contact Information

Franz BV Gaston Crommenlaan 8 - 9050 Gent VAT: BE 1015.936.824 Email: [email protected] Tel: +32 478503892

Last updated: 20 January 2025