Terms of Service

§1 Subject Matter of the Contract

(1) The provider makes the software ezfox available to the user. ezfox is a Software-as-a-Service application that uses artificial intelligence (AI) to offer automated product listing, offer creation, product descriptions as well as a monitoring system for listings.

(2) Ezfox offers AI-powered text generation and optimization via a token-based system. The exact scope of functionality is set out in the current service description on the website at https://ezfox.ai/en/pricing

(3) The subject matter of the contract is the provision of access to the ezfox.ai platform including the associated Chrome extension (hereinafter "Service" or "Platform").

§2 Scope

(1) The following terms and conditions apply to contracts that you, as a user, conclude with us, Kabak Franke GbR, Mundingstraße 6, 78234 Engen, Germany, for the use of our ezfox.ai platform including the associated Chrome extension (hereinafter "Service" or "Platform").

(2) Deviating, conflicting or supplementary terms and conditions of the user shall only become part of the contract if the provider has expressly agreed to their validity in writing.

§3 Conclusion of Contract and Registration

(1) The presentation of the services on the provider's website does not constitute a legally binding offer, but rather an invitation to order (invitatio ad offerendum).

(2) By registering on the platform, the user submits a binding offer to conclude a user agreement. Acceptance takes place by explicit confirmation by the provider or by activation of the user account.

(3) Requirements for registration are: completion of the 18th year of age, legal capacity, truthful and complete disclosure of the required data, and provision of the VAT ID where applicable.

(4) There is no entitlement to registration. The provider reserves the right to reject registration requests without giving reasons.

§4 Subscription Plans / Pricing

(1) The subscription plans listed under "Pricing" at the time the contract is concluded apply, with the scope of functions and the prices offered there.

(2) The provider reserves the right to change its price list for the next billing period after the user has been separately informed by email. Changes will be communicated to the user by email at least one month before they take effect. If the user does not object within one week of receiving the notification, the changes are deemed approved. In the event of an objection, the provider reserves the right to ordinary termination.

§5 Token System

(1) The subscription plans operate via a token-based system. Depending on the subscription chosen, a certain number of tokens is made available which can be exchanged for the services offered on the platform.

(2) Tokens represent a technical accounting unit and have no monetary value. Tokens are non-transferable, non-refundable, cannot be transferred between accounts and have a limited period of validity.

(3) If the user has already used up the tokens acquired with the subscription before the end of the term of the subscription, the user has the option of purchasing additional tokens via the provider's token shop.

(4) Upon termination by the customer and corresponding end of the subscription term, any remaining tokens are set to 0 and are no longer valid.

§6 Payment Terms

(1) All prices stated are in Euros including statutory value added tax.

(2) Payment is made exclusively via the payment service provider Stripe, cf. section 12 of our privacy policy.

(3) For recurring payments, the amount is automatically collected at the due date.

(4) In the event of a failed payment, another collection attempt is made after 3 days.

(5) If the amount cannot be collected, the provider is entitled to suspend the account. The account will only be unlocked once the provider has recorded receipt of payment.

§7 Term and Termination

(1) The term of the contract is determined by the chosen subscription variant and the conditions specified therein, cf. §4 of these terms. The contract is extended beyond the agreed term by the originally agreed period, unless terminated one month before the end of the respective contract term.

(2) A change of subscription is possible at the end of the contract term of the chosen subscription.

(3) The right of each contracting party to terminate the contract without notice for good cause remains unaffected. The provider is entitled to terminate without notice in particular if the user fails to make a due payment despite a reminder or violates the following contractual provisions on the use of the SaaS services. Termination without notice requires in any case that the other party is warned in text form and requested to remedy the alleged reason for termination without notice within a reasonable time.

§8 Scope of the Granted Usage Rights

(1) The provider grants the customer the non-exclusive and non-transferable right to use the services and content designated in these terms during the duration of the contract in accordance with the provisions of this contract.

(2) The customer is not entitled to reproduce the platform provided for use and/or to make it available to third parties, whether for a fee or free of charge.

(3) The provider grants the user a simple, worldwide, non-transferable right of use for commercial and non-commercial use of the content generated via the platform, as well as the right to edit and modify it.

(4) The granting of usage rights is subject to an active subscription or sufficient token balance, compliance with the user obligations under these terms, and full payment of the fees due.

§9 Support

(1) The provider guarantees 99.5% availability of the SaaS services provided on an annual average. This excludes times when the server cannot be reached due to technical or other problems outside the provider's control (in particular force majeure, fault of third parties). Also excluded are scheduled maintenance work (e.g. updates), which either take place outside the usual business hours from Monday to Friday (taking into account all public holidays in the German state of Baden-Württemberg) between 9:00 and 18:00 or have been announced in advance by the provider.

(2) Independently of this, the provider monitors the basic functions of the SaaS services daily. Maintenance is generally guaranteed from Monday to Friday, from 09:00 to 18:00. In the case of serious errors, i.e. when the use of the SaaS services is no longer possible or seriously restricted, maintenance takes place within 24 hours of the provider becoming aware or being informed.

§10 General Usage Requirements and User Obligations

(1) Each customer may only maintain one account.

(2) The user is obligated to prevent unauthorized third-party access to the protected areas of the services provided by taking appropriate precautions. For this purpose, the customer will, if necessary, instruct their employees to comply.

(3) The customer is informed that they are not permitted to submit unlawful queries to the AI, or queries that violate laws, official requirements or the rights of third parties.

(4) The customer is also not permitted to use the platform by means of automated devices and/or to circumvent technical protection mechanisms. The customer is obligated to use a strong password, report suspicious activities to the provider immediately, and log out after each use.

(5) Commercial redistribution of generated content without an appropriate license is prohibited.

(6) Use of the software requires a personal computer (PC) and the Google Chrome browser. Functionality on other devices (e.g. smartphones, tablets) or with other browsers is not guaranteed.

(7) The user is solely responsible for compliance with all terms of service, policies and rules of the marketplaces on which EZFOX is used. This includes in particular — but is not limited to — the current seller, listing, product and sourcing policies of eBay (including the eBay Dropshipping Policy), as well as the terms of service of any supplier or marketplace platforms used by the user. The user is obligated to independently stay informed about the applicable rules and to comply with them in full.

(8) The user is responsible for organizing their own supplier and business relationships as well as their tax, commercial and consumer protection obligations. The provider exclusively offers technical automation tools and is neither a contractual party towards marketplaces or suppliers nor responsible for their decisions (e.g. suspensions, account closures, policy changes).

(9) The use of EZFOX to circumvent technical protection or detection mechanisms of third parties (e.g. marketplaces, payment processors, shipping carriers) is prohibited. The user is required to comply with all applicable legal regulations.

§11 Consequences of Violations of User Obligations

(1) The provider is entitled to immediately suspend access to the platform if there is a reasonable suspicion that the user is violating the obligations set out in §10 of these terms.

(2) A reasonable suspicion of unlawfulness and/or a legal violation exists in particular when courts, authorities and/or other third parties inform the provider, or the provider otherwise becomes aware of a possible violation. The provider shall immediately notify the user of the suspension and the reason for it. The suspension must be lifted as soon as the suspicion is refuted.

§12 Indemnification

(1) The user shall indemnify the provider against any claims raised by third parties against the provider due to a violation of the user's obligations set out in §10 of these terms. The user shall reimburse the provider for all expenses and any damages incurred by the provider as a result of such a claim, including all costs of legal prosecution and legal defense. These include in particular, but are not limited to: cease-and-desist letters and their follow-up costs, court proceedings and associated costs, damage claims, claims for copyright infringement and claims for violations of competition law.

(2) The user undertakes to support the provider in legal defense and to provide all necessary information.

§13 Warranty / Liability

(1) The provider warrants the functional and operational readiness of the platform in accordance with the provisions of this contract.

(2) In the event that the provider's services are used by unauthorized third parties using the user's access data, the user is liable for the fees incurred as part of civil liability until receipt of the user's request to change the access data or the notification of loss or theft to the provider, provided that the user is at fault for the unauthorized third-party access.

(3) Claims for damages against the provider are excluded regardless of legal grounds, unless the provider, its legal representatives or vicarious agents have acted intentionally or with gross negligence.

(4) For slight negligence, the provider is only liable if one of the essential contractual obligations has been violated by the provider, its legal representatives, senior employees or vicarious agents. The provider is only liable for foreseeable damages that typically have to be expected to occur. Essential contractual obligations are obligations that form the basis of the contract, that were decisive for the conclusion of the contract and on the fulfillment of which the user may rely.

(5) The provider is liable without limitation for damages caused intentionally or negligently resulting from injury to life, body or health by the provider, its legal representatives or vicarious agents.

(6) Strict liability for damages for defects that already existed at the time of contract conclusion is excluded.

(7) The provider is not liable for the loss of data insofar as the damage is due to the user's failure to properly back up the data on the platform.

(8) The use of ezfox.ai and the use of the generated texts and content do not constitute a substitute for professional legal, financial or other advice. Users of ezfox.ai bear sole responsibility for reviewing and verifying the accuracy and completeness of any content provided by ezfox.ai.

(9) The provider assumes no warranty for the accuracy, completeness or timeliness of any information generated by the AI used.

(10) The provider is therefore not liable for the legal admissibility of the created content, for any resulting violations of trademark, copyright or other protection rights, violations of competition law, and/or legal or economic consequences of the use of the generated content.

(11) The provider is not liable for direct, indirect and/or accidental damages arising from the use of or reliance on any information generated by the AI.

§14 Data Protection

The user's data is collected, processed and used by the provider exclusively for the purposes arising from this contract for the performance of this contract in compliance with the legal provisions of the German Federal Data Protection Act and the General Data Protection Regulation.

§15 Exclusion of the Right of Withdrawal

(1) Consumers are not entitled to a statutory right of withdrawal. The provider supplies digital content that is not supplied on a physical data carrier. Before concluding the contract, the user has expressly consented that the provider shall begin performance of the contract before the end of the withdrawal period and the user has confirmed their knowledge that they lose their right of withdrawal by giving their consent at the start of the performance of the contract.

(2) By concluding the subscription and confirming these terms, the user expressly consents that the provider shall begin providing the service immediately and confirms their knowledge of the associated loss of the right of withdrawal.

§16 Amendments to the Terms

The provider reserves the right to amend these terms at any time with effect for the future. The changes will be communicated to the user by email at least one month before they take effect. If the user does not object within one week of receiving the notification, the changes are deemed approved. In the event of an objection, the provider reserves the right to ordinary termination.

§17 Final Provisions

(1) This contract is governed by the laws of the Federal Republic of Germany.

(2) The place of performance for obligations arising from this contract is the provider's registered office.

(3) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider is the provider's registered office.

§18 Miscellaneous

(1) No verbal side agreements have been made. Changes, additions and supplements to this contract are only valid if agreed between the contracting parties in text form.

(2) Should individual provisions of this agreement be or become wholly or partially void or ineffective, the validity of the remaining provisions shall not be affected thereby. Provisions not included or ineffective shall be replaced by the statutory law. Insofar as such statutory law is not available in the respective case (regulatory gap) or would lead to an unreasonable result, the parties shall enter into negotiations in order to establish an effective regulation in place of the non-included or ineffective provision that comes as close as possible to it economically.

Cancellation Policy

(1) If you are a consumer within the meaning of §13 of the German Civil Code (BGB), i.e. a natural person who concludes the subscription for a purpose that can predominantly be attributed neither to your commercial nor to your self-employed professional activity, you have a right of withdrawal in accordance with the statutory provisions.

(2) In that case, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of contract conclusion.

(3) To exercise your right of withdrawal, you must inform us, Kabak Franke GbR, Mundingstraße 6, 78234 Engen, Germany, email: [email protected], phone: +49 176 57881089, by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the sample withdrawal form below, although this is not mandatory.

(4) To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.

Expiration of the Right of Withdrawal

The right of withdrawal expires prematurely if we have begun performance of the contract after you have expressly consented that we may begin performance of the contract before the end of the withdrawal period and you have confirmed your knowledge that you lose your right of withdrawal by giving your consent at the start of the performance of the contract.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please fill out this form and send it back.)