Preamble

These General Terms of Use (hereinafter « GTU ») govern access to and use of the CandleSafe.ch platform, published by D.G.E. Concept SàRL, Arzier-Le Muids, Canton of Vaud, Switzerland (hereinafter « the Publisher »). By accessing the platform and creating an account, the User acknowledges having read, understood and accepted these GTU in their entirety. This acceptance is recorded electronically with a timestamp at the date of account creation and constitutes binding evidence.

CandleSafe.ch is a SaaS tool designed to assist in generating regulatory documents compliant with CLP Regulation (EC) No 1272/2008 and REACH Regulation (EC) No 1907/2006, intended for craftspeople and small businesses manufacturing candles, wax melts, room sprays, diffusers and fragrance blends. The platform does not constitute a regulatory, legal or toxicological advisory service.

Art. 1 Definitions

For the purposes of these GTU, the following terms shall mean:

• Platform : the CandleSafe.ch service accessible online at https://candlesafe.ch, operated by D.G.E. Concept SàRL.
• Publisher : D.G.E. Concept SàRL, a Swiss limited liability company, Arzier-Le Muids, Canton of Vaud, Switzerland, operator of the Platform.
• User : any natural or legal person who has subscribed to an active subscription on the Platform and uses its services.
• Generated Document : any Safety Data Sheet (SDS), CLP label or regulatory document automatically produced by the Platform based on data provided by the User.
• Supplier SDS : the original Safety Data Sheet issued by the manufacturer or supplier of a substance or fragrance.
• User Data : any information, file, concentration or content provided by the User to the Platform, including uploaded supplier SDS.
• Subscription : the paid access contract for the Platform's features, taken out for a fixed term in accordance with the plans available on the Pricing page.
• Quota : the number of documents (SDS and/or CLP labels) that may be generated per month under the subscribed plan.

Art. 2 Purpose and Scope of the Platform

2.1 — What CandleSafe.ch is

CandleSafe.ch is a SaaS tool designed to assist in generating regulatory documents. The Platform automates CLP/REACH classification and labelling calculations based on data entered by the User, in order to produce regulatory working documents.

2.2 — What CandleSafe.ch is not

The Platform does not constitute and may not be equated with:

• an accredited regulatory, legal or chemical advisory service;
• a substitute for the expertise of a toxicologist or chemical safety adviser;
• a product certification, approval or validation service;
• a replacement for the original SDS issued by the supplier of each substance.

2.3 — Products and scenarios covered

The Platform is designed for the following product categories:

• Scented candles (natural wax, paraffin, blend)
• Wax melts / wax fondants
• Room sprays (alcohol-based, water-based or solvent-based)
• Reed diffusers
• Aqueous diffusers (ultrasonic / electric)
• Fabric sprays (alcohol-based, water-based or solvent-based)
• Scented aspiratable powders
• Products formulated from multiple combined fragrances (multi-fragrance)

Any use for regulated cosmetic products, biocidal products or any other category not listed above is excluded from the authorised scope of use.

Art. 3 Limitation of Liability and Disclaimers

3.1 — Limitation of Liability

To the fullest extent permitted by applicable law, the Publisher excludes all liability for:

• direct or indirect damages resulting from the use of or inability to use the generated documents;
• classification errors resulting from incorrect, incomplete or ambiguous data provided by the User;
• parsing inaccuracies of a supplier SDS in a non-standard, scanned or OCR format;
• any regulatory changes occurring after the date of document generation;
• any damage resulting from use of the Platform outside its scope as defined in Article 2.

The Publisher's total liability is expressly limited to the amount of the subscription actually paid by the User for the current period at the time the damage-causing event occurred.

3.2 — User Responsibility for Data Quality

The User is solely and entirely responsible for the quality, accuracy and completeness of the data they provide to the Platform, including declared concentrations, uploaded supplier SDS and any other information entered.

3.3 — User's Obligation to Verify

Art. 4 User Obligations and Responsibilities

4.1 — Access Conditions

Access to the Platform is reserved for adults acting in a professional or artisanal capacity who hold an active subscription. The User warrants that the information provided upon registration is accurate, complete and up to date.

4.2 — Permitted Uses

The User undertakes to use the Platform exclusively for the lawful professional purposes described in Article 2. The following are expressly prohibited:

• any fraudulent, abusive or unlawful use contrary to applicable laws and regulations;
• the resale, redistribution or making available of generated documents to third parties without the Publisher's written consent;
• any attempt to circumvent the Platform's security mechanisms, quotas or access controls;
• generating documents and then immediately deleting them in order to circumvent monthly quota limits.

4.3 — Account Management

The User is responsible for maintaining the confidentiality of their login credentials. Any use of the account is deemed to have been carried out by the User. In the event of a compromise, the User undertakes to notify the Publisher immediately via the contact form.

4.4 — Rights over Uploaded SDS

The User warrants that they have the right to use professionally the supplier SDS they upload. Uploading an SDS for the purpose of regulatory compliance analysis constitutes legitimate use within the meaning of applicable regulations.

Art. 5 Lifecycle and Retention of Generated Documents

5.1 — Retention Schedule

5.2 — Permanent Deletion

5.3 — Monthly Quota and Deleted Documents

Documents deleted by the User or by the automated system remain counted towards the monthly generation quota for the relevant period. Deleting a document does not restore any additional generation credit for the current month.

5.4 — Distinction between generated documents and personal data

The deletion schedule defined in Article 5.1 applies exclusively to generated documents (SDS, CLP labels). The User's personal data (account information, payment history) are retained for the duration of the active subscription plus twelve (12) months after account closure, in accordance with Article 7.4.

Art. 6 Intellectual property

The CandleSafe.ch Platform, its CLP/REACH calculation algorithms, its interface, its databases and all of its content are the exclusive property of D.G.E. Concept SàRL and are protected by Swiss and international intellectual property law.

The User is granted a personal, non-exclusive and non-transferable right to use the generated documents, for their professional use only. This right does not confer any ownership rights over the algorithms, methods or content of the Platform.

Supplier SDS files that have been uploaded remain the property of their respective authors. The Publisher claims no rights over them.

Art. 7 Personal data and confidentiality

7.1 — Data collected

In the context of using the Platform, the Publisher collects and processes :

• Identification data : email address, name of the company or artisan workshop.
• Usage data : generated documents, uploaded SDS files, entered formulations.
• Technical data : connection IP address, browser, document generation logs.
• Payment data : processed exclusively by the payment service provider — not stored by the Publisher.
• Consent data : date and time of acceptance of the ToS, version accepted — retained for the statutory period.

7.2 — Confidentiality of formulations

Artisan formulations entered by the User are strictly confidential. They are neither shared, nor transferred to third parties, nor used for commercial purposes other than the provision of the service.

7.3 — User rights

In accordance with the GDPR (EU) 2016/679 and the Swiss nFADP, the User has the rights of access, rectification, erasure, portability and objection, exercisable at contact@candlesafe.ch.

7.4 — Hosting and retention

Data is hosted in Europe (Switzerland / European Union). Personal data (account information, payment history, consent data) are retained for the duration of the active subscription plus twelve (12) months after account closure. Generated documents (SDS, CLP labels) are subject to the automatic deletion schedule defined in Article 5.1, regardless of the account status.

Art. 8 Availability and maintenance

The Publisher endeavours to ensure the Platform is available 24 hours a day, 7 days a week, without being able to guarantee uninterrupted access. Interruptions may occur for maintenance, updates or force majeure events. The Publisher will inform Users, to the extent possible, of planned maintenance operations likely to affect access to the Platform. No guaranteed service level (SLA) is contractually committed under standard subscription plans.

Art. 9 Applicable law and jurisdiction

These ToS are governed by Swiss law, in particular the Code of Obligations (CO) and the Federal Act on Data Protection (nFADP). Any dispute between professionals shall be submitted to the exclusive jurisdiction of the District Court of La Côte (Nyon, canton of Vaud, Switzerland).

For Users residing in the European Union acting as consumers, the mandatory jurisdiction rules of EU law apply and the User may bring proceedings before the competent court of their place of residence. The European Commission's online dispute resolution platform is accessible at : ec.europa.eu/consumers/odr.

Art. 10 Amendments to the ToS

The Publisher reserves the right to modify these ToS at any time. In the event of a substantial modification, the User will be notified by email with thirty (30) days' notice. Continued use of the Platform after the expiry of the notice period constitutes acceptance of the new ToS. If the User refuses, they may cancel their subscription free of charge before the effective date.

Each version of the ToS is identified by a version number and an effective date. Upon any substantial update, a new explicit acceptance will be required at the User's next login, and this acceptance will be recorded with a timestamp.

Art. 11 Miscellaneous provisions

11.1 — Partial invalidity

If any provision is declared null or unenforceable, the remaining provisions shall remain in full force and effect.

11.2 — Non-waiver

The Publisher's failure to invoke any provision shall not be construed as a waiver of the right to invoke it at a later date.

11.3 — Contact

For any questions relating to these ToS : contact@candlesafe.ch — contact form — D.G.E. Concept SàRL, Arzier-Le Muids, canton of Vaud, Switzerland.