Terms of Service for the IHM Categorization Tool

1. Provider

The IHM Categorization Tool is provided by:

GSR Services GmbH
Auf dem Brink 1
21394 Südergellersen
Germany
Managing Director: Henning Grammann
Commercial Register: HRB 205199
Registration Court: District Court of Lüneburg
VAT identification number: DE296657182
Email: admin@ihm-cat.com

The full statutory provider information is available in the Legal Notice.

2. Scope and business users

These Terms govern access to and use of the IHM Categorization Tool and related professional services supplied by GSR Services GmbH.

The service is offered exclusively to businesses, public-law entities and persons acting for professional or commercial purposes. It is not offered to consumers.

A person using the system, registering an organisation, placing an order or entering into an agreement confirms that they are duly authorised to act on their own behalf or on behalf of the relevant organisation.

3. Contract formation

Information presented on the website is an invitation to request services and does not constitute a binding offer.

Website registration, submission of a sample or transmission of an enquiry does not by itself create a paid-services contract.

A paid-services contract is formed when:

1. GSR Services GmbH issues a quotation, order form or agreement or other written service proposal;
2. the customer accepts it in text form; and
3. GSR Services GmbH confirms the order or agreement or begins the agreed work.

The accepted quotation or order form or agreement specifies the service scope, processing tier, volumes, delivery schedule, fees, payment conditions and any subscription period.

Individually agreed provisions take precedence. In the event of conflict, the following order applies:

1. individually negotiated agreement;
2. accepted quotation or order form or agreement;
3. applicable data-processing agreement;
4. these Terms;
5. general website descriptions.

4. Accounts and authorised users

The customer must provide accurate registration information and keep it current.

Accounts may be used only by authorised personnel of the registered organisation. Login credentials must not be shared with unauthorised persons.

The customer must notify GSR Services GmbH promptly if it suspects unauthorised access, credential compromise or misuse.

GSR Services GmbH may suspend an account where reasonably necessary to protect the service, customer data, other users or legal compliance.

5. Service description

The IHM Categorization Tool supports the screening and categorisation of procurement or product data for potential relevance to Inventory of Hazardous Materials activities.

Depending on the agreed service, processing may include:

• validation of submitted spreadsheet data;
• analysis of supplier names and item descriptions;
• assignment of relevance indicators or categories;
• identification of items requiring further supplier documentation or professional review;
• preparation of downloadable results; and
• human quality review where stated in the quotation or order form or agreement.

The exact service is determined by the accepted quotation or order form or agreement.

6. Nature and limitations of results

The tool provides decision-support information in relation to applicable IHM requirements. Results are based on information supplied by the customer, relevant publicly available information and the documented classification rules and processing methods applicable at the time.

Results do not constitute:

• legal advice;
• laboratory analysis or evaluation or estimation of hazardous materials contained;
• a material declaration (MD);
• a supplier’s declaration of conformity (SDoC);
• an approved Inventory of Hazardous Materials;
• a vessel survey;
• regulatory approval; or
• a guarantee that an item contains or does not contain a hazardous material.

The customer remains responsible for final compliance decisions, supplier engagement, evidence collection and professional assessment appropriate to the applicable vessel, product, project and regulatory framework.

The customer must review the results before relying on them operationally or providing them in any form to another party.

7. Sample analysis

Where offered, one sample analysis may be provided per organisation for up to 25 line items.

A sample analysis is intended to assess service suitability. It does not include full production processing and does not oblige either party to enter into a paid-services contract.

GSR Services GmbH may decline or limit a sample where the submitted data is unsuitable, unlawful, unsafe, duplicated or outside the intended service scope.

8. Customer data and responsibilities

The customer is responsible for the completeness, accuracy and lawful submission of its data.

The customer confirms that it has the rights, permissions and lawful basis required to provide the submitted data for the agreed processing.

The customer must not upload:

• malicious code or intentionally corrupted files;
• data that infringes third-party rights;
• unlawful content;
• unnecessary special-category personal data;
• credentials, private keys or authentication secrets; or
• data outside the agreed service scope.

The customer must follow the published file-format, size and security requirements.

9. Data processing and processing tiers

Personal-data processing is governed by the Privacy Policy and, where required, a separate data-processing agreement.

If GSR Services GmbH processes personal data on behalf of the customer, the parties will enter into an agreement meeting the applicable requirements for processor arrangements.

The processing location and permitted subprocessors depend on the processing tier stated in the accepted quotation or order form or agreement.

An EU-only commitment applies only where expressly agreed upon in the accepted order or agreement. Any processing involving non-EU subprocessors is subject to the agreed instructions, applicable safeguards and any required customer approval.

The customer must not infer a processing-location commitment from general website information where the order form or agreement states a different agreed arrangement.

10. Confidentiality

Each party must protect confidential information received from the other party and use it only for performing or receiving the agreed services.

Confidential information does not include information that:

• is publicly available without breach of an obligation;
• was lawfully known to the receiving party before disclosure;
• is received lawfully from a third party without a confidentiality restriction; or
• is independently developed without using the disclosed information.

Disclosure is permitted where required by law or a competent authority. Where legally permitted, the receiving party will notify the other party before disclosure.

11. Security and service availability

GSR Services GmbH will apply reasonable technical and organisational measures appropriate to the service and the risks involved.

No internet-based service can be guaranteed to be uninterrupted or completely free from security risks. Maintenance, security events, third-party service failures and circumstances outside reasonable control may affect availability.

Planned maintenance will be managed to reduce avoidable disruption where reasonably practicable.

If the platform is temporarily unavailable or unsuitable for a particular engagement, GSR Services GmbH may perform the agreed services using other reasonably equivalent means, provided that the agreed service scope, confidentiality, data-processing and security commitments are not materially reduced.

12. Fees, taxes and payment

Fees are stated in the accepted quotation or order form.

Unless expressly stated otherwise, prices are exclusive of VAT and other applicable taxes.

Invoices are payable within the period stated on the invoice or order form or agreement.

The customer may not withhold or offset payment except where its counterclaim is undisputed or finally determined by a court.

GSR Services GmbH may suspend paid services after reasonable notice where an undisputed payment is overdue, without affecting its other statutory or contractual rights.

13. Subscriptions and volume arrangements

A subscription, committed volume or recurring service exists only where expressly stated in an accepted order form or agreement.

The order form or agreement determines:

• the initial term;
• included processing volume;
• usage or overage treatment;
• renewal arrangements;
• notice period;
• fees; and
• termination arrangement or date.

There is no automatic renewal unless the accepted order form or agreement expressly provides for it.

14. Intellectual property and permitted use

The customer retains its rights in the data it submits.

GSR Services GmbH and its licensors retain all rights in the platform, software, processing methods, templates, models, documentation, design and underlying intellectual property.

Subject to full payment, the customer may use the delivered results for its internal business, compliance, procurement and project purposes and may provide relevant extracts to its professional advisers, suppliers, customers or authorities where reasonably required.

The customer must not:

• resell or commercially redistribute access to or results of the platform;
• reverse engineer the service except where mandatory law permits;
• use the service or logic to develop a competing product;
• remove proprietary notices; or
• present tool-generated output as an official supplier declaration, laboratory result or regulatory approval.

Any broader licence must be specified in the order form or agreement.

15. Retention and deletion

Customer data and results are retained according to the Privacy Policy, accepted order form or agreement and applicable legal obligations.

The customer is responsible for downloading required results before an announced download or retention period expires.

Following termination or expiry, data may be deleted or anonymised subject to legal retention duties, documented legal holds, backup cycles and agreed processing instructions.

16. Suspension and termination

Either party may terminate an individual project or subscription according to the accepted order form or agreement.

The right to terminate for material cause remains unaffected. Material cause may include:

• serious or repeated contractual breach;
• unlawful use;
• security-threatening activity;
• unauthorised access;
• insolvency-related circumstances where termination is legally permitted; or
• continued non-payment after notice.

Upon termination, the customer must stop using the service except to retrieve data during any expressly written permitted retrieval period.

Provisions concerning confidentiality, payment, intellectual property, liability, dispute resolution and data-retention obligations survive where their nature requires.

17. Professional care and warranty

GSR Services GmbH will perform the agreed services with reasonable professional care.

The customer must notify GSR Services GmbH promptly and with sufficient detail of an alleged defect so that it can be investigated and, where appropriate, corrected or re-performed.

No warranty is given that:

• every potentially relevant item will be identified;
• every supplier description is accurate or complete;
• third-party data is correct;
• the output alone satisfies every legal or contractual requirement; or
• the service will achieve a particular commercial or regulatory outcome.

Mandatory statutory rights remain unaffected.

18. Liability

GSR Services GmbH has unlimited liability:

• for intent and gross negligence;
• for injury to life, body or health;
• under mandatory product-liability law;
• for fraudulently concealed defects;
• under an expressly assumed guarantee; and
• in other cases where liability cannot legally be limited.

For slight negligence, GSR Services GmbH is liable only for breach of an essential contractual obligation whose fulfilment is necessary for proper performance and on which the customer may ordinarily rely. In such cases, liability is limited to the loss that was foreseeable and typical when the contract was formed.

Subject to the preceding paragraphs, liability for slight negligence is excluded.

The customer remains responsible for independently reviewing provided results before using them for regulatory decisions, supplier declarations, vessel documentation or safety-critical purposes.

19. Force majeure

Neither party is responsible for delay or failure caused by circumstances outside its reasonable control, including major infrastructure failure, natural disaster, war, civil disturbance, government action, widespread telecommunications failure or comparable events.

The affected party must notify the other party where reasonably practicable and take reasonable steps to limit the effects.

Payment obligations for services already properly performed remain unaffected.

20. Subcontractors

GSR Services GmbH may use subcontractors to perform the service.

Where a subcontractor processes personal data, GSR Services GmbH will comply with the applicable data-protection requirements and impose the required data-protection obligations contractually, including those contained in any applicable data-processing agreement.

GSR Services GmbH remains responsible for subcontracted contractual performance to the extent required by the applicable agreement and law.

21. Changes to the service and these Terms

GSR Services GmbH may improve or modify the service where the modification does not materially reduce an agreed service commitment.

A material change affecting an existing paid order requires the customer’s agreement or another valid contractual basis.

Updated Terms apply to future contracts from their stated effective date. They do not retroactively change an existing order or agreement without an agreed contractual basis.

22. Governing law and jurisdiction

These Terms and related contracts are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

Where the customer is a merchant, a legal entity under public law or a special fund under public law, the courts having jurisdiction at the registered office of GSR Services GmbH have exclusive jurisdiction to the extent legally permitted.

Mandatory statutory jurisdiction rules remain unaffected.

23. Severability

If a provision is invalid or unenforceable, the remaining provisions remain unaffected. The invalid provision will be replaced by the applicable statutory rule.

24. Notices and contact

Contractual notices may be sent in text form unless the accepted order form or agreement or mandatory law requires another form.

Service and contractual contact:

admin@ihm-cat.com

Statutory provider information and additional contact details are available in the Legal Notice.