General Terms and Conditions

§ 1 Scope of Application

1. These General Terms and Conditions (hereinafter 'GTC') apply to all contracts between BeyondWega UG (haftungsbeschränkt), Auf dem Kamp 74, 28865 Lilienthal (hereinafter 'we' or 'Provider'), and you (hereinafter 'you' or 'Customer') regarding the use of the SaaS platform 'Faktor400' (hereinafter 'Service').
2. The Service is exclusively directed at entrepreneurs within the meaning of § 14 BGB (German Civil Code) who operate as Amazon sellers. By registering, you confirm that you use the Service in the course of your commercial or self-employed professional activity.
3. Deviating, conflicting, or supplementary terms and conditions of the Customer shall only become part of the contract if and to the extent that we have expressly agreed to their applicability in text form.

§ 2 Contract Formation

1. The presentation of the Service on the website does not constitute a binding offer but an invitation to submit an offer.
2. Registration initially creates a free-of-charge usage contract (trial phase). The paid subscription contract is only formed upon selection of a plan, completion of the order process, and our confirmation by email.
3. The contract text will be stored and made available to you upon request. You will receive the GTC together with the registration confirmation by email.

§ 3 Trial Phase

1. New customers receive a free trial phase of 14 days from registration. During the trial phase, all features of the Service are available in full.
2. At the end of the trial phase, the account will be deactivated unless you subscribe to a paid plan. There is no automatic conversion to a paid subscription.
3. No payment information is required to use the trial phase.
4. Only one trial phase is permitted per natural person or per company. We reserve the right to block access in cases of abuse.
5. If you do not subscribe to a plan after the trial phase ends, your data will be deleted after an additional 30 days (subject to statutory retention obligations).

§ 4 Service Description

1. Faktor400 is a cloud-based analytics platform for Amazon sellers. The Service includes, among other things:
   • Profit and loss analysis with automatic fee capture
   • Inventory management and reorder forecasts
   • PPC campaign analytics (Amazon Advertising)
   • Cash flow overviews and forecasts
   • Visibility analytics and product monitoring
2. The specific scope of features depends on the selected plan (Core, Growth, or Scale). The current feature overview is available on the pricing page at https://faktor400.com.
3. We reserve the right to further develop the Service and add features. Material limitations of existing features will be communicated to you at least 30 days in advance. In this case, you have a special right of termination effective as of the date the limitation takes effect.

§ 4a Usage Rights

1. For the duration of the contractual relationship, we grant you a simple (non-exclusive), non-transferable, non-sublicensable right to use the Service in accordance with the contract.
2. The Service, including software, algorithms, data models, and documentation, is protected by copyright. You may not decompile, reverse-engineer, or make the Service available to third parties unless mandatorily permitted by law (§ 69e UrhG).
3. Data entered by you or imported via APIs remains your property. We only receive the usage rights necessary for providing the Service.

§ 5 Availability

1. We strive for a Service availability of 99.5% on an annual average, measured by the reachability of core functionality (login, dashboard, data synchronization). Availability is measured via automated server monitoring (HTTP endpoint checks at 60-second intervals). Scheduled maintenance windows (typically during nighttime hours, CET) will be announced in advance and are not counted as downtime.
2. We are not liable for disruptions caused by force majeure, internet disruptions, or circumstances beyond our control (see also § 12 Force Majeure).

§ 6 Prices and Billing

1. Current prices are available on our website. All prices are net prices plus applicable VAT.
2. Billing occurs monthly or annually in advance, depending on the selected billing period. Annual payment includes a 20% discount on the monthly price. For annual subscriptions, the minimum contract term is 12 months; for monthly subscriptions, there is no minimum term.
3. We reserve the right to adjust prices. Price changes will be communicated to you at least 30 days before taking effect in text form (email is sufficient). You have a special right of termination effective as of the date the price change takes effect.

§ 7 Payment Terms

1. Payment is processed through the payment service provider Stripe (Stripe Payments Europe, Limited, Dublin, Ireland). You agree to the processing of payment data by Stripe in accordance with their privacy policy.
2. Payments are due immediately. Invoices will be delivered by email.
3. In the event of late payment, we will send you a reminder by email. After two unsuccessful reminders and a reasonable grace period (at least 14 days), we are entitled to temporarily suspend access to the Service until the outstanding payments have been settled. Your data access (export) remains guaranteed even during a suspension.
4. You may only offset undisputed or legally established counterclaims. A right of retention may only be exercised for counterclaims arising from the same contractual relationship.

§ 8 Contract Term and Termination

1. The contract is concluded for an indefinite period and may be terminated by either party with 14 days' notice to the end of the respective billing period (month or year). Subscriptions automatically renew for the same period at the end of the billing period unless terminated in due time.
2. Termination can be made via the account settings or by email to support@faktor400.com.
3. The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular in the event of:
   • Material breach of contractual obligations despite warning
   • Insolvency filing by either party
   • Repeated abuse of the Service (§ 10(3))

§ 9 Data After Contract End

1. After the end of the contractual relationship, your data will be retained for 30 days for backup purposes. During this period, you can request a data export via your user account.
2. After the 30-day period, personal data and usage data will be deleted.
3. Statutory retention obligations: Billing data (invoices, payment records) will be retained in accordance with § 147 AO / § 257 HGB for the legally prescribed duration (typically 10 years). This data will be deleted upon expiry of the retention period.

§ 10 Customer Obligations

1. You shall ensure that your login credentials are kept confidential and protected from access by third parties. In the event of suspected unauthorized access, you are obligated to notify us immediately.
2. You are responsible for the lawfulness of the data retrieved via the Amazon SP-API and Ads API and shall ensure that you have the necessary permissions for data sharing.
3. Use of the Service in a manner that violates applicable law, infringes the rights of third parties, or jeopardizes platform stability (e.g., automated mass queries) is prohibited.

§ 11 Liability

1. We are liable without limitation for damages arising from injury to life, body, or health, for intentional misconduct and gross negligence, and within the scope of guarantees given and under the Product Liability Act.
2. In cases of slight negligence, we are only liable for breach of a material contractual obligation (cardinal obligation). Liability in this case is limited to the foreseeable, contract-typical damage.
3. Total liability for all claims arising from or in connection with this contract is — except in the cases of paragraph 1 — limited to the total fees paid by you in the last 12 months, but no less than €50.
4. The statutory right to rent reduction (§ 536 BGB) is excluded for immaterial reductions in fitness for use, to the extent permitted by law. The strict liability for damages due to defects existing at the time of contract conclusion (§ 536a(1) alt. 1 BGB) is excluded.
5. Liability for data loss is limited to the typical restoration effort that would have been incurred if regular and risk-appropriate backup copies had been made.
6. The above liability limitations also apply to the personal liability of our employees, representatives, and officers.

§ 12 Force Majeure

Neither party shall be liable for the non-performance of contractual obligations to the extent that non-performance is attributable to circumstances beyond its reasonable control (e.g., natural disasters, pandemics, government orders, cyber attacks, large-scale internet outages). The affected party shall notify the other party without undue delay. If the impediment lasts longer than 90 days, either party has the right to extraordinary termination.

§ 13 Data Protection

The processing of personal data is carried out in accordance with our Privacy Policy. To the extent that we process personal data on your behalf (in particular Amazon end-customer data), the parties shall conclude a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. See DPA

§ 14 Amendments to the GTC

1. We reserve the right to amend these GTC to the extent necessary and provided you are not unreasonably disadvantaged.
2. Amendments will be communicated to you at least 30 days before taking effect in text form (email). If you do not object within 30 days of receipt, the amended GTC shall be deemed accepted. We will expressly inform you in the amendment notice of the significance of the deadline, your right to object, and the consequences of silence.

§ 15 Final Provisions

1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
2. To the extent permitted by law, the place of jurisdiction for all disputes arising from or in connection with this contract shall be Bremen.
3. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.

Contact

BeyondWega UG (haftungsbeschränkt)
Auf dem Kamp 74
28865 Lilienthal
Email: info@faktor400.com
Phone: +49 163 2580889

Language Versions

In the event of discrepancies between the German and any English version of these GTC, the German version shall prevail.