Terms of Service

1. Agreement and authority

These Terms of Service (“Terms”) are a binding agreement between Westover Digital Development LLC (“Company,” “we,” “us,” or “our”) and the person or organization accessing Westover EPR Compliance (“Customer,” “you,” or “your”). By creating an account, accepting a quote or order, accessing a workspace, or using the service, you agree to these Terms, the applicable written proposal or order, our Privacy Policy, Acceptable Use Policy, Refund and Cancellation Policy, and AI and Data Processing Notice.

If you use the service for an organization, you represent that you are authorized to bind that organization. If you lack that authority, do not accept a quote, upload organizational records, or use an organization workspace.

2. The service

Westover EPR is operational preparation software for organizing packaging records, evidence, suppliers, products, calculations, review queues, and reporting materials. The service may include readiness assessments, customer-specific quotes, onboarding, organization workspaces, document processing, deterministic calculations, Gemini-assisted proposals, reports, and optional professional or managed services described in a written proposal.

Customer-specific producer identity, exemptions, contractual responsibility, disputed material classifications, filing strategy, and other legal or regulatory ambiguity must be decided by the Customer and, where appropriate, qualified counsel or another qualified professional.

3. Accounts and authorized users

• You must provide accurate account information and maintain a secure password.
• You may not share credentials or permit access outside your authorized organization.
• You are responsible for your users, role assignments, reviews, and account activity.
• You must promptly notify us of suspected unauthorized access, compromised credentials, or incorrect organization access.
• We may require multifactor authentication or additional verification for privileged actions.

Account creation does not automatically grant access to an organization. Access depends on a valid invitation, membership, role, and active organization assignment.

4. Customer data and responsibilities

“Customer Data” means files, records, text, values, communications, personal information, and other content submitted to or created within your organization workspace. As between the parties, you retain ownership of Customer Data. You grant us a limited right to host, copy, transmit, transform, and process Customer Data only as reasonably necessary to provide, secure, support, and improve the contracted service; comply with law; and enforce these Terms.

You are responsible for:

• having the rights and permissions needed to submit Customer Data;
• the accuracy, completeness, provenance, and lawful use of Customer Data;
• reviewing imported, estimated, system-suggested, and AI-proposed values;
• maintaining appropriate source records and independent business records;
• making final business, regulatory, legal, and filing decisions;
• ensuring your instructions and use comply with applicable law and contracts; and
• not uploading unnecessary sensitive personal information.

Do not upload protected health information, payment-card numbers, passwords, government credentials, consumer financial-account credentials, or other data not reasonably needed for packaging-EPR operations.

5. Review states and authoritative decisions

The service distinguishes confirmed, measured, imported, suggested, estimated, missing, rejected, and superseded information. A status label reflects a workflow state—not legal certainty. Gemini output and other automated suggestions remain unconfirmed until an authorized user compares them with source evidence and accepts, corrects, or rejects them.

Deterministic calculations depend on the approved inputs, methodologies, rule versions, and effective dates stored in the system. You must review generated materials before relying on them. Nothing in the service replaces independent verification or professional judgment.

6. Quotes, fees, taxes, and payment

Public calculators and readiness reports provide nonbinding planning ranges. Charges are established only by a written proposal, quote, order, or other agreement accepted by an authorized Customer representative. Unless a written agreement says otherwise:

• onboarding and implementation fees are one-time charges for the defined scope;
• subscription charges recur at the interval stated in the accepted quote;
• fees are stated in U.S. dollars and exclude applicable taxes;
• the Customer is responsible for applicable sales, use, and similar taxes;
• material scope expansion may require a new quote;
• payment processors may separately apply their own terms; and
• failure to pay may result in suspension after reasonable notice.

We do not store complete payment-card numbers. When Stripe billing is enabled, Stripe processes payment information under its own terms and privacy practices.

7. Subscription term, renewal, cancellation, and refunds

The initial term, renewal interval, commitment period, and cancellation deadline are stated in your accepted quote or order. We will disclose recurring charges before activation and obtain affirmative acceptance. You may manage or request cancellation through the available billing portal or by contacting compliance@westoverepr.com.

Cancellation stops future renewal charges after the effective cancellation date; it does not ordinarily reverse charges already earned or paid. Refund eligibility, onboarding treatment, service credits, duplicate charges, and billing-error procedures are governed by our Refund and Cancellation Policy and any more favorable term in your accepted written agreement.

8. Confidentiality

Each party may receive nonpublic business, technical, financial, supplier, product, or security information from the other (“Confidential Information”). The receiving party will use reasonable care to protect Confidential Information, use it only to perform or receive the service, and disclose it only to personnel and service providers with a need to know and confidentiality obligations.

Confidential Information excludes information that the receiving party can document was already lawfully known, independently developed, publicly available without breach, or lawfully received without restriction. A legally compelled disclosure may be made after notice where legally permitted.

9. Intellectual property and feedback

We and our licensors retain all rights in the service, software, designs, documentation, taxonomies, prompts, workflows, and improvements, excluding Customer Data. Subject to these Terms and payment of applicable fees, we grant you a limited, nonexclusive, nontransferable, revocable right to use the service for your internal business operations during the applicable term.

If you provide feedback, you grant us a perpetual, worldwide, royalty-free right to use it without identifying you or disclosing your Confidential Information. We will not use your name or logo publicly without permission.

10. Availability, support, and changes

Unless a signed order states a service level, the service is provided without a guaranteed uptime, response time, or uninterrupted availability commitment. Maintenance, security incidents, third-party outages, beta limitations, and events beyond reasonable control may affect availability. We may modify features to improve security, reliability, legal boundaries, or product functionality, but will not intentionally remove a material paid capability without reasonable notice or an appropriate commercial remedy.

11. Suspension and termination

We may suspend access when reasonably necessary to prevent harm, investigate suspected misuse, address a security risk, comply with law, or respond to material nonpayment. Where practical, we will provide notice and an opportunity to cure. Either party may terminate for an uncured material breach after reasonable written notice. Additional termination rights may appear in the accepted order.

Following termination, access ends and Customer Data will be handled under the applicable retention, export, deletion, legal-hold, and audit-preservation requirements. Customers should request exports before access ends. Audit evidence or records needed to preserve an approved report, resolve disputes, satisfy legal obligations, or maintain security may be retained as legally and operationally necessary.

12. Disclaimers

To the maximum extent permitted by law, the service is provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, noninfringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the service will identify every error, deadline, obligation, exemption, regulatory change, or required filing.

13. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, business opportunities, or data, arising from these Terms—even if advised of the possibility. Except for payment obligations, misuse of the other party’s intellectual property, breach of confidentiality, fraud, willful misconduct, or liability that cannot lawfully be limited, each party’s aggregate liability will not exceed the fees paid or payable by Customer for the service during the twelve months before the event giving rise to liability.

14. Indemnification

You will defend and indemnify Westover Digital Development LLC from third-party claims arising from Customer Data, your unlawful use of the service, your violation of the Acceptable Use Policy, or your regulatory, filing, or legal decisions, except to the extent caused by our breach, negligence, or willful misconduct. We will promptly notify you and allow reasonable control of the defense, subject to our right to participate.

15. Governing law and disputes

These Terms are governed by Idaho law, excluding conflict-of-law rules. Before filing a claim, each party will provide written notice and attempt in good faith to resolve the dispute for at least thirty days. Unless applicable law requires otherwise or the parties agree differently in writing, disputes will be brought in state or federal courts with jurisdiction in Idaho. Nothing prevents either party from seeking urgent injunctive relief to protect data, security, confidentiality, or intellectual property.

16. General terms

Neither party may assign these Terms without consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all relevant assets, provided the successor assumes the obligations. We may use subcontractors while remaining responsible for our contractual obligations. The parties are independent contractors. Failure to enforce a provision is not a waiver. Invalid provisions will be narrowed or severed while the remainder continues. These Terms, the accepted order, and incorporated policies form the entire agreement for the service; a negotiated signed agreement controls over conflicting online terms.

17. Changes and contact

We may update these Terms to reflect service, legal, security, or business changes. We will post the updated effective date and provide additional notice for material changes where reasonably required. Continued use after the effective date constitutes acceptance unless law requires a different form of consent.

Questions or notices may be sent to compliance@westoverepr.com. Legal notices should identify the organization, account email, issue, and requested response.