General Terms and Conditions

1.1 Provider

1.2 Scope of Application

These General Terms and Conditions apply to all contracts for the use of the SaaS platform "Marketplacy" between the Provider and the Customer (hereinafter "Customer" or "You").

1.3 Customers

Marketplacy is exclusively aimed at entrepreneurs within the meaning of § 14 BGB (German Civil Code). By registering, you confirm that you use the platform exclusively for commercial purposes.

1.4 Applicable Version

The version of these Terms valid at the time of contract conclusion applies. Deviating terms and conditions of the Customer shall not become part of the contract.

2.1 Platform

Marketplacy is a web-based commerce platform that turns inventory into revenue by distributing deals across publisher networks, deal portals, and marketplaces. The platform connects seller inventory to a distribution network and facilitates automated deal creation, listing generation, and transaction processing.

2.2 Features

The platform offers the following features depending on the selected plan:

• Import and management of product and inventory data
• AI-powered listing generation and translation in up to 7 languages
• AI-powered image analysis and visual content processing
• Quality assessment, compliance checks, and optimization suggestions
• Publishing of listings to connected marketplaces (eBay, Amazon, Kaufland, Otto)
• Automated deal creation and distribution across the publisher network
• Affiliate link tracking, publisher management, and commission payouts
• Embedded checkout and integrated payment processing via Stripe
• API access (Scale plan only)

2.3 Availability

The Provider strives for high availability of the platform. However, a specific availability is not guaranteed. Maintenance work will be announced in advance whenever possible.

2.4 Development

The Provider is entitled to develop, modify, or add features to the platform at any time. The essential functionality of the booked plan remains unchanged.

4.1 Starter – €39/month

• Up to 100 managed SKUs
• 150 AI credits/month
• 7 languages (EN, DE, ES, FR, PT, RU, ZH)
• AI-powered image analysis and listing generation
• Marketplace publishing (eBay, Amazon, Kaufland, Otto)
• Email support

4.2 Growth – €99/month

• Up to 500 managed SKUs
• 500 AI credits/month
• 7 languages (EN, DE, ES, FR, PT, RU, ZH)
• AI-powered image analysis and listing generation
• Deal distribution across publisher network
• Priority support

4.3 Scale – €249/month

• Up to 2,000 managed SKUs
• 1,500 AI credits/month
• 7 languages (EN, DE, ES, FR, PT, RU, ZH)
• AI-powered image analysis and listing generation
• Full deal distribution, affiliate management, and embedded checkout
• Dedicated support
• API access (planned)

4.4 Product and Credit Limits

The number of manageable products and monthly AI credits is limited depending on the plan. An upgrade to a higher plan is required when the limit is exceeded. Additional credits can be purchased as needed.

5.1 Scope

New customers can test Marketplacy for free. The scope and duration of the trial period are displayed during registration.

5.2 Conversion to Paid Subscription

After the trial period expires, the account will be deactivated unless a paid plan is booked. There is no automatic conversion to a paid subscription without explicit consent.

6.1 Registration

Using Marketplacy requires registration. The Customer is obligated to provide truthful and complete information.

6.2 Contract Conclusion

The contract is concluded when the Customer books a paid plan and the payment is successfully processed.

6.3 Credentials

The Customer is obligated to keep their credentials confidential and protect them from third-party access. In case of suspected misuse, the Provider must be notified immediately.

6.4 No Right of Withdrawal

As Marketplacy is exclusively aimed at entrepreneurs (§ 14 BGB), no consumer right of withdrawal applies (§ 312g para. 2 BGB).

7.1 Prices

All prices are in Euros and exclude statutory VAT.

7.2 Payment Method

Payment is made monthly in advance by credit card or other payment methods offered through Stripe.

7.3 Due Date

The monthly fee is due at the beginning of each billing period.

7.4 Payment Default

In case of payment default, the Provider is entitled to suspend access to the platform until outstanding payments are settled.

7.5 Price Changes

Price changes will be communicated to the Customer by email at least 30 days before they take effect. In case of price increases, the Customer has a special right of termination effective on the date the changes take effect.

7.6 Annual Billing

All plans are also available with annual billing at a reduced rate. Annual subscriptions are billed once per year in advance. The notice period for annual subscriptions is 30 days before the end of the current annual period.

7.7 Add-On Purchases

In addition to the monthly plan, Customers can purchase add-ons as one-time payments: credit packs for additional credits covering all AI and image operations, and managed SKU add-ons to increase the product limit. Add-on credits do not expire and are not affected by plan changes.

8.1 Duration

The contract runs for an indefinite period and can be terminated by either party.

8.2 Notice Period

The notice period is 30 days to the end of the respective billing period.

8.3 Form of Termination

Termination can be made:

• By email to info@marketplacy.com
• Through the account settings in the platform

8.4 Extraordinary Termination

The right to extraordinary termination for good cause remains unaffected.

8.5 Consequences of Termination

After the contract ends, access to the platform will be deactivated. The Customer can export their data within 30 days after the contract ends. After this period, the data will be deleted.

9.1 Lawful Use

The Customer agrees to use Marketplacy only for lawful purposes and to comply with all applicable laws.

9.2 Prohibited Content and Products

The Customer may not upload content or product data to the platform that:

• Violates applicable law
• Infringes third-party rights (especially trademark, copyright, or personal rights)
• Is violent, discriminatory, offensive, or pornographic
• Concerns counterfeit or imitated brand products
• Concerns weapons, ammunition, or explosives
• Concerns illegal drugs or controlled substances
• Violates the usage policies of any AI service providers used by the platform (including but not limited to OpenAI, Anthropic, Google, xAI, DeepSeek, Mistral, Meta, Cohere, and others)
• Violates the policies of connected marketplaces (eBay, Amazon, Kaufland, Otto)

9.3 Responsibility for Content

The Customer is solely responsible for all content and product data they upload. The Provider does not review content for legality.

9.4 Indemnification

The Customer indemnifies the Provider against all third-party claims arising from unlawful use of the platform by the Customer.

10.1 Customer Data

The Customer retains all rights to their product data and content. The Provider does not acquire ownership rights to customer data.

10.2 Provider's Right of Use

The Customer grants the Provider the right to process customer data to the extent necessary to provide the contractually owed services. This includes in particular transmission to third-party services (AI providers such as OpenAI, Anthropic, Google, xAI, DeepSeek, Mistral, Meta, Cohere, and others, as well as marketplace platforms such as eBay, Amazon, Kaufland, and Otto) for service provision.

10.3 Generated Content

The Customer may use all AI-generated content (including translations, listing texts, image analyses, and deal descriptions) created by Marketplacy without restriction for their business activities.

11.1 Scope of Liability

The Provider is fully liable for damages arising from injury to life, body, or health, as well as for intent and gross negligence.

11.2 Limitation of Liability

For slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). Liability in these cases is limited to the typical, foreseeable damage.

11.3 Liability Cap

The Provider's liability is limited to the fees paid by the Customer in the last 12 months, but not more than €5,000.

11.4 Exclusions

The Provider is not liable for:

• Damages caused by faulty or unlawful content of the Customer
• Damages due to unavailability of the platform or third-party services
• Lost profits or indirect damages
• Errors in AI-generated content, including translations, listing texts, image analyses, and deal descriptions
• Violations of marketplace policies through listings published by the Customer
• Damages due to force majeure

11.5 Third-Party Services

The Provider is not liable for the availability or functionality of third-party services (especially eBay, Amazon, Kaufland, Otto, Stripe, and AI providers including OpenAI, Anthropic, Google, xAI, DeepSeek, Mistral, Meta, Cohere, and others).

13.1 Right to Change

The Provider is entitled to change these Terms with effect for the future, provided this is necessary for objective reasons and the Customer is not unreasonably disadvantaged.

13.2 Notification

Changes will be communicated to the Customer by email at least 30 days before they take effect.

13.3 Objection

If the Customer does not object to the changes within 30 days of receiving the notification, the amended Terms are deemed accepted. The Customer will be informed of this consequence in the change notification.

13.4 Special Right of Termination

In case of objection to the changes, the contract can be terminated by either party effective on the date the changes take effect.

14.1 Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

14.2 Jurisdiction

The place of jurisdiction for all disputes arising from or in connection with this contract is Berlin, provided the Customer is a merchant, legal entity under public law, or special fund under public law.

14.3 Severability Clause

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

14.4 Contract Language

The contract language is German.