Terms and conditions of registration and use of the Zertify platform

These Terms and Conditions regulate the access, registration, and use of the Zertify platform, owned by Zertify and Comply S.L. (hereinafter, “Zertify” or “the Platform”), a digital tool specializing in regulatory compliance for physical products within the scope of European Union Law. Registration as a user implies full and unreserved acceptance of these conditions, which are binding from the moment of their electronic acceptance.

1. Purpose of the service

Zertify offers an automated system that identifies the normative obligations applicable to a product, as well as generates, when appropriate, the technical and legal documentation required for its commercialization within the European Economic Area. All processes are structured in accordance with the conformity assessment procedure called “Internal Production Control,” as provided in Annex II (Module A) of Decision 2008/768/EC, currently in force. Through this tool, the user can obtain a technical analysis of the applicable legislation, generation of EU declarations of conformity, mandatory labeling, and technical file, as well as the validation of tests already carried out by third parties or the contracting of tests through collaborating laboratories.

2. Nature and limits of the service

Zertify does not act as a notified body, nor as an authorized representative, nor as individualized legal advice; likewise, it does not perform certification, inspection, or auditing tasks. The service offered is a documentary automation tool based on official European Union regulations and designed by experts in technical compliance and AI. Its purpose is to facilitate the economic operator (manufacturer, importer, or distributor) in understanding and executing their legal obligations, without assuming in any case direct responsibility for the compliance of the product under analysis. The documentation generated, including the EU declaration of conformity, is based on the data provided by the user, who must verify its veracity and technical adequacy. The signing of the documentation corresponds exclusively to the user, who acts as the economic operator responsible before market surveillance authorities. The platform does not use generic templates. All documents it uses, for example, in the various EU declarations of conformity, are obtained directly from each of the applicable Regulations or Directives and used in each case, as appropriate.

3. Service modalities

Zertify offers the user two main modalities of use. First, the Lite Study, which provides a preliminary analysis of the applicable regulatory framework. This service identifies the European Union Regulations, Directives, and Decisions that regulate the introduced product. Additionally, the Lite Study includes a “regulatory difficulty” scale, developed internally by Zertify based on its experience with hundreds of products, with the sole purpose of guiding the user on the expected complexity of compliance. This classification has no official value and should not be interpreted as a legal guarantee of risk. The Lite study does not provide any documentation, does not replace any type of document, nor does it constitute legal evidence of compliance in any way. Second, the Complete Study, which allows the user to generate all the documentation required by applicable legislation, including the declaration of conformity, technical documentation in accordance with Annex II (Module A) of Decision 2008/768/EC, mandatory labeling, and relevant technical data sheets. The complete study also includes the review and validation of test reports that the user already possesses, as well as the possibility of intermediation with laboratories for the performance of specific tests. Likewise, it is expressly stated that Zertify does not prepare technical, operational, or functional assembly manuals for the product (e.g., detailed assembly, use, or piece-by-piece installation instructions). The manuals that may be included within the generated technical documentation are part of the legal compliance required by European regulations, and their content is limited to those instructions mandatory from a regulatory point of view, such as safety warnings, general use instructions, basic maintenance, environmental restrictions, or technical conditions expressly required in the applicable legislation (for example, according to Article 11 of Directive 2009/48/EC on toy safety, Article 6 of Regulation (EU) 2016/425 on PPE, or specific sections of Annex I of the Low Voltage Regulation, among others). Zertify ensures that all included instructions respond to the mandatory legal framework, without assuming the drafting or development of technical content unrelated to legislation (such as functional diagrams, assembly diagrams, electronic configuration steps, or specific product instructions intended for the end consumer beyond what is required by law).

4. Intermediation service with laboratories

As part of the Complete Study, Zertify offers a technical and commercial intermediation service with accredited associated laboratories, with the aim of facilitating user access to the tests required by applicable legislation. The tests are carried out in laboratories that have official accreditation from the governmental entity CNAS (China National Accreditation Service for Conformity Assessment), whose recognition in the European Union is endorsed by the equivalence agreements in force regarding conformity assessment. Zertify reserves the right to assign the most appropriate laboratory according to the type of product and nature of the tests. The user undertakes to send, at their own risk, the exact quantity of samples required for the tests, under the conditions expressly indicated through the Platform. The maximum period for carrying out the tests by the laboratory will be fourteen (14) calendar days, counted from the effective receipt of the samples in the laboratory. The calculation of the period will not begin until the samples have been physically received at the facilities. It is the sole responsibility of the user to provide truthful, complete, and updated information about the product, in order to allow correct identification and execution of the tests. The tests are carried out only on the samples sent. Any discrepancy between the characteristics of the product actually analyzed and those of the commercialized product will be attributable solely to the user. Zertify acts as an intermediary between the parties, guaranteeing that the assigned laboratories comply with the required technical standards. However, Zertify assumes no responsibility for the results issued by said laboratories, nor for the decisions that the user adopts based on them. In no case will Zertify be liable for the failure of the tests, nor will it proceed with a total or partial refund of the amount paid for this service. The invoiced amount includes administrative management and technical intermediation as well as laboratory costs. If the user wishes to repeat any of the failed tests, they must expressly request it through the customer service channel, and will receive a new individual quotation for the specific repetition of said test. Zertify does not physically control or supervise the testing process nor does it access the equipment, materials, facilities, or technical methods applied by the laboratory. Its intervention is limited to documentary intermediation, formal validation of the scope of the tests, and logistical coordination between the parties. In no case will Zertify be understood to act as a testing laboratory or as directly responsible for the technical results issued. The user expressly accepts that the contractual relationship is established exclusively between Zertify and the user, and not between the user and the executing laboratory. Therefore, any communication, claim, or request related to the tests must be channeled through Zertify, and not directly with the assigned laboratory.

5. User responsibilities

The user is solely responsible for providing truthful, complete, and technically adequate data about the product to be evaluated. Likewise, it is the user who must review, sign, and keep the generated documentation. The Internal Production Control procedure, according to Annex II (Module A), requires the economic operator to keep a technical file available to the authorities for a minimum period of ten years from the last date of commercialization of the product. Zertify does not retain this documentation beyond the limits established in its privacy policy and cannot assume archiving obligations on behalf of the user (except in an Enterprise environment). The user acknowledges that compliance with European regulations depends not only on the generated documentation, but also on the effective manufacture of the product in accordance with legal requirements. The tool does not replace the material obligations of design, quality control, or post-commercialization surveillance imposed by each of the regulations to that effect.

6. Limitation of liability

Zertify does not guarantee the automatic acceptance of the product by market authorities, marketplaces, or distributors. Nor is it responsible for the consequences derived from incorrect use of the generated documentation, an erroneous interpretation of legal obligations, or omissions in the information provided by the user. Any non-compliance derived from bad practice, insufficient testing, or a technical deviation not detected in the documentary phase will be attributable exclusively to the economic operator. The test validation service provided by Zertify consists of an exhaustive documentary technical review of the reports issued by third-party laboratories, focused exclusively on the formal and normative verification of the document’s content. Said validation includes, among other aspects, the analysis of the correspondence between the test methods used and the applicable harmonized standards, the verification of the version and validity of said standards on the date of issue of the report, the technical scope of the test in relation to legal requirements, the evaluation of the measured parameters, tolerance margins, the adequacy of the results, and the correct traceability of the signing laboratory. In cases where images, certificates, or diagrams are incorporated, a visual verification system assisted by image recognition tools and structural analysis of the document is applied. However, this validation is purely documentary in nature. Zertify does not physically inspect the tested product nor does it have direct access to the samples used in the test, so it cannot verify whether the product actually commercialized by the client materially matches the product analyzed in the laboratory. It is the sole responsibility of the user to ensure that the unit subjected to testing is identical in all its technical, material, and manufacturing characteristics to the final product that will be introduced to the market. Zertify will not be responsible for any deviation, substitution, or subsequent modification of the product that may invalidate the technical results verified in the report. Likewise, Zertify assumes no responsibility for the technical result of the test nor for the regulatory or commercial decisions that the client adopts based on said reports, its intervention being limited to a review in accordance with the current legal and regulatory framework.

7. Intellectual property rights

All contents, developments, and functionalities of the Zertify Platform are the exclusive property of Zertify and Comply S.L., including, without limitation, the internal normative structure, the documentary architecture, the structured legislative database, the logical inference systems, the classification algorithms, the generative templates, the normative difficulty scoring system, and especially the automation layers, the legal reasoning flows, and the artificial intelligence agents that intervene in the analysis, decision, and documentation generation process. The technology developed by Zertify, including both the source code and the legal logic integrated into the tool, is protected by intellectual and industrial property rights. Any form of reproduction, transformation, distribution, decompilation, reverse engineering, or public communication, in whole or in part, is prohibited without the express written authorization of Zertify and Comply S.L. Notwithstanding the foregoing, the legal texts of the European Union (such as Regulations, Directives, Decisions, and interpretive guides), as well as certain basic template structures required by the legislation itself (for example, the official model of the EU Declaration of Conformity), are public documents and form part of the common normative acquis. Zertify merely integrates, adapts, and structures them within its system to facilitate their technical and operational use by the user, without implying appropriation of their content.

8. Data protection

The data controller for personal data obtained through the platform will be Zertify and Comply S.L. (CIF – B75347146). Registered office: Carrer del Turia, 53, Bajo izquierda, 46008 Valencia, Spain. The user’s personal data will be processed in accordance with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018. Zertify and Comply S.L. will process the personal data obtained with the sole purpose of providing the contracted service, generating the corresponding documentation, and complying with its legal obligations. The rights of access, rectification, erasure, opposition, portability, and restriction can be exercised at any time by written request to info@zertify.ai.

9. Validity, modification, and jurisdiction

Zertify reserves the right to modify these terms without prior notice, with the latest version published on the Platform at the time of access or contracting remaining in force. Continued use of the service implies acceptance of said modifications. These terms are governed by Spanish law. Any controversy that may arise from their interpretation or application will be submitted to the Courts and Tribunals of the user’s domicile, when so provided by consumer regulations, or failing that, to the Courts and Tribunals of the city of Valencia.

10. Service availability and technical exclusions

Zertify uses all reasonable means at its disposal to guarantee the continuous availability and operability of the Platform. However, the user acknowledges and accepts that, due to the very nature of the digital and automated environment, temporary interruptions of the service may occur due to maintenance tasks, technical updates, performance improvements, legislative changes, or external causes beyond Zertify’s control, including incidents on servers, networks, third-party software, cyberattacks, or force majeure events. Zertify reserves the right to temporarily suspend, modify, or limit access to certain functionalities or services without prior notice, whenever necessary to preserve the integrity of the system, adapt to regulatory changes, or improve the user experience. In no case will the partial or total interruption of the service for justified causes give rise to any compensation, refund, or economic compensation, except in those cases expressly provided for in an individual contract or Enterprise environment. Zertify does not guarantee that access to the Platform will be uninterrupted, error-free, or completely secure at all times, although it undertakes to adopt reasonable technical and organizational measures to restore the service as quickly as possible.

11. Cancellations, refunds, and terms of use

11.1 Normative categories currently not supported

Zertify offers its services exclusively within the framework of the conformity assessment procedure called Internal Production Control, set out in Annex II (Module A) of Decision 2008/768/EC, which implies that only products whose applicable regulations allow self-assessment of compliance without the intervention of a notified body are admitted. Additionally, Zertify operates on a normative and technical basis that is progressively expanding. Therefore, there are certain product categories that, even if they may be subject to internal control according to European Union legislation, are not yet supported by the Platform, as they have not been integrated into its automation system or technically validated by the compliance team. In the event that a user acquires a Complete Study and introduces a product whose normative category is not currently operational in Zertify, the system will identify it and automatically cancel the generation of the study, informing the user of this limitation. In these cases, the amount paid is not lost. The total value of the unexecuted Study will be automatically reintegrated in the form of internal balance in the user’s Zertify account, available for use in future Complete Studies. This credit will remain valid as long as the account remains active and will not be subject to expiration. No economic refund is contemplated, unless the user is within the legal withdrawal period of fourteen (14) calendar days from the date of purchase, in accordance with Article 102 et seq. of Royal Legislative Decree 1/2007. In such case, they may request a refund by sending an email to clientes@zertify.ai, indicating the affected order number. Once the request has been validated by the support team, Zertify will proceed with the refund within a maximum period of ten (10) business days. The list of categories currently supported by Zertify is visible in the Platform interface and is updated periodically as new regulatory frameworks are incorporated. It is the user’s responsibility to verify that the introduced product falls within the compatible categories before starting the Study.

11.2 Validation of tests and non-completion of the study due to lack of adequate technical documentation

Within the Complete Study, Zertify enables the user a system for documentary technical validation of test reports issued by third parties. This functionality allows the user to upload unlimited reports provided by their supplier or manufacturer, in order to verify if they comply with the requirements demanded by applicable regulations. Additionally, Zertify offers the user the possibility of directly contracting laboratory tests within the Platform through accredited collaborating laboratories, in case the provided reports are insufficient, incomplete, or invalid. The user can access their study at any time, as many times as they wish, to review the results, upload new reports, request quotes, or complete pending documentation. However, in cases where the user does not provide any valid report in accordance with applicable regulations, or voluntarily decides not to contract the alternative tests offered, the study will be considered not completed due to a cause attributable exclusively to the user. Zertify will not accept refund requests in these cases under any circumstances. From the moment the normative analysis has been generated, the upload and validation system has been enabled, and the technical review of the provided reports has begun, the service is considered partially and substantially rendered, and with it, the technical effort and internal resources assigned to that study have been consumed. The fact that the user does not have a valid test or does not wish to contract a new one does not exempt or reverse the work already carried out by Zertify within the framework of the Complete Study, and cannot justify any refund. The study will remain accessible in the user’s account, who may complete it at any later time if they decide to provide the required documentation. However, the absence of said documentation does not affect the validity of the charge, nor does it generate the right to a refund or economic compensation. From the activation of the Complete Study, even if the user has not provided any documentation or has not completed the process, Zertify is considered to have initiated the provision of an individualized technical service, with an associated operating cost.

11.3 – Impossibility of completing the study due to lack of tests or user collaboration

The Complete Study offered by Zertify includes, among other functions, the technical validation of test reports provided by the user, as well as the possibility of contracting said tests through collaborating laboratories. The platform allows the user to upload as many times as deemed necessary the reports received from their suppliers, without limit of attempts and without technical restrictions by Zertify. However, if the user does not provide any valid report, does not wish to contract new tests, or indefinitely paralyzes the process, the amount paid will not be reimbursed in any case. This is due to the fact that the service has already been activated and internal resources have been consumed to carry out different technical phases, such as normative analysis, product classification, or partial preparation of documentation. These processes have an operating cost and their execution cannot be undone or transferred to another case. Consequently, once the Complete Study has been initiated, Zertify will not be able to cancel or reimburse the amount of the service for reasons beyond its operation and attributable solely to the user. The right of withdrawal, when applicable, must be exercised within the legal period of fourteen calendar days from contracting, in accordance with the following section.

11.4 – General right of withdrawal

In accordance with Article 104 of Royal Legislative Decree 1/2007, consumers have the right to withdraw from the contract within a period of fourteen calendar days from the contracting of the service, provided that it has not begun to be executed. In the case of Zertify, the user may exercise their right of withdrawal provided that the requested Study (Lite or Complete) has not been initiated and none of its contents have been accessed. If the user has accessed the results of the Lite Study, has viewed the applicable regulations, or has begun to upload information in the Complete Study, the service will be considered to have begun to be rendered and, therefore, it will not be possible to exercise the right of withdrawal. To validly exercise this right, the user must send an express request to clientes@zertify.ai within the indicated period, indicating the corresponding order number. In the event that the study has not been initiated, a full refund of the amount paid will be made through the same payment method used in the purchase, without additional costs for the user. Once the legal withdrawal period has elapsed or the service has begun, no refunds will be admitted, unless there are causes directly attributable to Zertify that prevent the execution of the contracted service. When the user has acquired a package with multiple studies (for example, a pack of three Complete Studies), and none of them have been initiated or used, they may exercise their right of withdrawal in accordance with the legal terms and conditions indicated in the previous section. In this case, a full refund of the amount corresponding to said package will be made, provided that it is requested within the legal period of fourteen calendar days from the purchase and none of the included studies have been accessed. Once any of the studies in the package has been initiated, the service will be considered to have begun to be executed, so the right of withdrawal will not be applicable with respect to the total amount. However, the user may retain the remaining balance to use in future studies, without an expiration date, as long as the validity period indicated in the particular conditions of their pack has not elapsed.

12. Additional requirements of private platforms

Zertify provides its services in strict compliance with the European Union regulatory framework on product safety, and in accordance with the conformity assessment procedure called Internal Production Control (Module A). However, the user is expressly informed that certain distributors, marketplaces, or private platforms (for example, Amazon, eBay, Alibaba, or others) may impose, as a contractual condition for using their services, additional or different requirements from those provided for in European legislation. Said requirements may include, among others, the obligation to present documentation in specific formats, reports issued by certain laboratories unilaterally designated by the platform, or declarations of conformity with characteristics not contemplated in current regulations. Zertify assumes no responsibility with respect to these private demands, nor does it guarantee that the documentation generated from the Platform will be accepted by commercial operators that require conditions not legally provided for. Zertify’s commitment is limited to ensuring that the issued documentation complies with the legal framework of the European Union, without extending to arbitrary or internal requirements of third parties. Consequently, any rejection, blocking, or restriction by a commercial platform in relation to the documentation generated through Zertify will not give rise to any liability, refund, or compensation from Zertify, it being the user’s responsibility to adapt, supplement, or contract additional services if they wish to comply with said private conditions.

13. Final disclaimer

Zertify provides a documentary and normative automation tool whose basis is exclusively supported by official European Union sources, such as Regulations, Directives, and Decisions, harmonized standards, and guides issued by the European Commission or equivalent institutional entities. However, the use of this tool does not replace, in any case, the legal obligations inherent to the economic operator (manufacturer, importer, or distributor) in accordance with Union Law. The normative compliance of a product does not depend solely on the formal generation of the required documentation, but also and irrevocably, on the product itself materially complying with the essential requirements of safety, traceability, quality, and post-commercialization control established in the applicable legislation. The existence of a declaration of conformity has no legal value if it does not correspond to actual compliant production and continuous technical control of manufacturing and commercialization. Zertify does not certify products, does not physically supervise their manufacture, nor does it audit their quality system. The platform operates under the principle of Internal Production Control, in accordance with Annex II (Module A) of Decision 2008/768/EC, which implies that the user assumes full responsibility for verifying that all information entered into the tool is complete, truthful, updated, and faithful to the product actually commercialized. The signing of the EU Declaration of Conformity generated through Zertify constitutes a legal act by which the user declares, under their own responsibility, that the product subject to it complies with all applicable legal requirements. Zertify is not responsible for the legal, administrative, economic, or commercial consequences derived from errors, omissions, or inaccuracies in the data provided by the user, nor for technical deviations of the product with respect to what is documented. In short, Zertify does not replace the due diligence that corresponds to the economic operator, nor is it responsible for the effective compliance of the product in the market. The use of the platform should be understood as a technical support tool, not as an automatic legal guarantee.

14. Company identification data

In compliance with the provisions of Law 34/2002, of July 11, on services of the information society and electronic commerce (LSSI-CE), it is reported that the ownership of this Platform corresponds to:

Zertify and Comply S.L. NIF: B75347146 Registered office: Carrer del Turia, 53, Bajo izquierda, 46008 Valencia, Spain. Contact email: info@zertify.ai