Imprint, Terms & conditions

imprint

Details according to § 5 TMG

Priceloop GmbH, Mehringdamm 33, 10961 Berlin

Represented by

Dr. Richard Schwenke
Dat Tran

Contact

Responsible for the content according to § 55 Abs. 2 RStV

Dat Tran
IMPORTANT NOTE: The English version of this document will govern our relationship - the translated version can be found below and is provided for convenience only and will not be interpreted to modify the English version.

Stand: 2. April 2023

Die deutsche Version dieses Schreiben wird lediglich als Gefälligkeit zur Verfügung gestellt. Es gilt ausschließlich die englische Fassung, und in keinem Fall darf die deutsche Sprachfassung dieses Vertrags dahingehend ausgelegt werden, dass sie die englische Fassung dieses Vertrags ändert oder auf andere Weise die Beziehung der Vertragspartner untereinander regelt.

Consumer dispute resolution/Universal arbitration board

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Liability for contents

As a service provider, we are responsible for our own content on these pages according to § 7 para. 1 TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG we are not obliged to monitor transmitted or stored information or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this respect is only possible from the time of knowledge of a concrete infringement. If we become aware of any such violations, we will remove the content in question immediately.

Liability for links

Our offer contains links to external websites of third parties, on whose contents we have no influence. Therefore we cannot assume any liability for these external contents. The respective provider or operator of the sites is always responsible for the contents of the linked sites. The linked sites were checked for possible legal violations at the time of linking. Illegal contents were not identified at the time of linking.

However, a permanent control of the contents of the linked pages is not reasonable without concrete evidence of a violation of the law. If we become aware of any infringements, we will remove such links immediately.

Copyright

The contents and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution and any kind of utilization outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of these pages are only permitted for private, non-commercial use.

Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular, third-party content is identified as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such contents immediately.

Terms and conditions

IMPORTANT NOTE: The English version of this document will govern our relationship - the translated German version is provided for convenience only and will not be interpreted to modify the English version.

General

Priceloop GmbH (Priceloop) provides a web-based analysis software (“service”) for entrepreneurs (“Clients”) on the Internet that offers goods or services on Amazon’s marketplaces, including under the domain Priceloop.ai. The service provider is Priceloop GmbH, Mehringdamm 33, 10961 Berlin, Germany. The user of these terms and conditions and contractual partner of the customer is Priceloop GmbH, Mehringdamm 33, 10961 Berlin, Germany.

Only entrepreneurs, legal entities under public law, or special funds under public law are eligible to be Clients.

These terms and conditions apply to all current and future business relationships between the Client and Priceloop. Deviating, conflicting, or supplementary Client terms and conditions (including e.g. terms of purchase, purchasing conditions) do not become part of any contract with Priceloop unless otherwise expressly agreed.

Any form of reference to Client terms and conditions is hereby expressly rejected.Any transfer of the Client’s rights and obligations from its contracts requires the written consent of Priceloop.

Purpose

This contract covers the Client’s use of the service provided by Priceloop. The scope is selected by the Client based on the respective service description.

In order to use the service, the Client must provide at its own cost an Internet connection, an Internet-enabled device, and a current Internet browser.

Priceloop reserves the right, at its reasonable discretion, to extend, change, or improve the provisions regarding the service in consideration of changing technical requirements and market conditions, insofar as this is reasonable for the Client.

Priceloop will only restrict the scope of services if Priceloop is compelled to do so for legal reasons, the provider of the Amazon platform restricts Priceloop’s access to the platform, or the Client agrees to the restrictions.

Contract

The service may only be used on the basis of the service contract concluded between Priceloop and the Client. Priceloop provides a form for the same when the Client registers for the service. By completing and submitting this form, the Client declares its wish to enter into a contract with Priceloop for the use of the service to the extent selected. The Client may review and, if necessary, correct the details it has provided about itself before submitting the form. The Client may also review the selected services and change its selections before submitting.

When registering, the Client agrees to provide only truthful information about itself and its officers and to keep its data up-to-date at all times. The Client is particularly obliged to provide only truthful information about its entrepreneurial status.

Both German and English are available contract languages, depending on the platform used.

Priceloop stores the contract text electronically, but the Client does not have access hereto.

In addition, Priceloop reserves the right to offer additional services that go beyond the selected scope of services. The cost and scope of the respective additional services are set forth in the respective service description and the currently applicable price list. Priceloop is entitled to link any offer of additional services to a continued subscription of a basic service.

Fees

All payments are due in advance when invoiced and may be made using one of the payment methods offered. Priceloop invoices are issued electronically. They will be sent by email. In addition, Priceloop may offer the Client the option of accessing its invoices from within its user account. If the Client wishes paper copies sent by post, Priceloop may invoice the Client for the additional processing costs.

Costs resulting from chargebacks or other reversals of payments will be invoiced to the Client unless the reversal was caused by Priceloop.

Priceloop reserves the right to change the prices for its services with future effect from the beginning of any extended contract term. Priceloop will provide written notice of the changes at least four weeks beforehand. In the event of a price increase, the Client may object and terminate the contract by giving notice at least two weeks prior to the end of the current term. If the Client fails to do so, the change shall be considered accepted. Priceloop will instruct the Client about the consequences of not responding and its options for terminating the contract.

Duration, Termination

The term begins once the Client’s account has been activated by Priceloop and shall last for the agreed period. The term for a fee-based use of the service is automatically extended by the respective term if it is not canceled on time.

The termination of chargeable contracts initially results in the termination of the fee-based part of the contract. The memberships are then downgraded to a free membership to keep profiles, information services and notification settings. An user account can be completely deleted by notifying Priceloop.

Priceloop services

Based on the analyzes provided by Priceloop, recommendations are made to the Client to improve the visibility of its products. These suggestions are submitted to the Client based on an automated evaluation and are not based on an examination of the specific product in individual cases. The Client is therefore obliged to check the submitted suggestions for plausibility and to monitor the effects of their implementation in order to be able to react immediately to negative developments. The Client is responsible for any changes made to its listings.

This contract does not guarantee a certain level of success on the Amazon platform. Priceloop only offers the services; successful use of them is the sole responsibility of the Client.

Our services are compliant with Amazon's Acceptable Use Policy.

We do not aggregate data across Authorized Users’ businesses or Customers obtained through the Amazon Services API to provide or sell to any parties including competing Authorized Users.
  • Examples: Users log in to their own workspace without access to other customers' user data. Also, our machine learning algorithms only use the data of the respective customer, not the data of different customers.
We do not promote, publish, or share insights about Amazon's business and do not use insights about Amazon's business for our own business purposes.
  • Examples: We do not collect customer data from different sellers in order to aggregate it and draw conclusions about Amazon's business. We also do not collect data to then build our own store or similar. We only want to get relevant data for our respective customers via the API so that they can make recommendations based on their own data.

Client obligations

The service gives the Client access to a web-based database. Priceloop owns the rights to the database. The Client is being granted a license to use this database on the basis of this contract. These rights are limited in time to the term of the contract and are not exclusively granted to the Client.

The Client may use and reproduce this data for its own purposes for the duration of the contract.

The Client may not, however, distribute it, make it publicly available, sell it, or pass it on to third parties without the express written consent of Priceloop.

Access data

The Client will be provided access data in order to use the service. The Client is obliged to keep this access data confidential and to inform Priceloop immediately of its loss or any unauthorized use of the access data by third parties.

The Client is not permitted to provide said access data to third parties or to use it to obtain information from the service on behalf of others.

If the Client has selected a rate that provides for additional users to use the service under its account, these users may only include its employees subject to its instructions.

Access data may only be used by the persons specified upon setup. Any disclosure is expressly excluded.

Priceloop is entitled to block access data temporarily if there is a suspicion of unauthorized use or misuse of the access data.

Liability

Priceloop is liable to the Client for any damages resulting from its intentional actions or gross negligence as well as any such damages caused by its legal representatives or vicarious agents.

For damages resulting from slight negligence, Priceloop has unlimited liability for any injury to life, limb, or health.

Otherwise, Priceloop is only liable if an essential contractual obligation has been violated. Essential contractual obligations are those which are of particular importance for achieving the purpose of the contract as well as those which, in the event of a culpable breach, can endanger its achievement. In these cases, liability is limited to such damages as were foreseeable and typical.

Priceloop’s no-fault liability for damages according to §536a BGB for defects existing at the time the contract is concluded is hereby excluded; the preceding paragraphs remain unaffected.

Liability under the product liability law remains unaffected.

There is no liability for the compensation of indirect damages, in particular for lost profits or consequential damages unless they result from the intentional actions or gross negligence of Priceloop.

Amendments, rights transfer

Changes to these general terms and conditions will be published on the platform. The Client will also be informed in text form. The amendments shall take effect provided the Client does not object to the changes in question at the latest 14 days after receiving said notice. The Client will be instructed concerning these consequences.

Priceloop may transfer its legal rights and duties from this contract either in whole or in part to a third party with a notice period of four weeks. In this case, the Client is entitled to withdraw from the contract.

Final provisions

The laws of the Federal Republic of Germany shall apply. The provisions of the UN Sales Convention do not apply.I

f the Client is a merchant, a legal entity under public law, or public special fund, the exclusive jurisdiction for any disputes arising under this contract shall be the registered headquarters of Priceloop GmbH, Berlin, Germany. The same applies if the Client has no place of general jurisdiction in Germany or its domicile or habitual residence is unknown at the time legal action is pursued.

Any additional agreements must be in writing.
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