Terms of Service (B2B)

These Terms of Service ("Terms") govern all agreements between ListerSync AI · Sven Ihrke ("Provider") and business customers, legal entities under public law, or special funds under public law ("Customer") for the use of the SaaS platform ListerSync AI.

ListerSync AI is intended exclusively for businesses and entrepreneurs. Use by consumers is not permitted. Conflicting or deviating terms and conditions of the Customer are not accepted.

ListerSync AI is a web-based SaaS platform for the automated creation, optimization, and management of product listings on online marketplaces, particularly eBay. Depending on the chosen plan, the service includes:

• +Retrieval and processing of product data (Amazon SP-API / Rainforest API)
• +AI-assisted generation of eBay listing titles and descriptions on self-hosted EU servers (Ollama)
• +Publication and updating of eBay listings via the eBay Sell API
• +Automatic price and inventory synchronization at the booked interval
• +Compliance checking (blocking Amazon Prime Retail / TBA fulfillment for eBay orders)
• +Market Radar for competitive monitoring on eBay
• +Tax-compliant price calculator (German VAT law § 19 UStG / standard taxation)
• +Audit logging of all system-relevant actions

The Provider does not guarantee any specific economic outcome, including increased revenue, improved rankings, or marketplace approval.

ListerSync AI is currently in a closed internal beta phase. During the beta phase:

• +Access is granted exclusively by personal invitation or after individual review of a beta access application.
• +No public self-serve checkout is available.
• +The Provider reserves the right to modify the scope of services during the beta phase at any time.
• +Beta access may be revoked without stating reasons.

A contract is only formed upon explicit activation of the Customer's account by the Provider. The display on the website does not constitute a legally binding offer. The Customer confirms at contract formation that they are acting in the course of their commercial or self-employed professional activity.

A customer account is required to use the service. The Customer is obligated to provide complete and accurate information and keep it up to date. Access credentials must be kept confidential and protected from unauthorized access.

The Customer is responsible for all activities conducted through their account. The Provider is entitled to suspend access in cases of suspected misuse, security risk, payment arrears, or breach of contract.

All prices are net, plus applicable VAT. Monthly subscription plans:

All plans include a 7-day free trial. After the trial period, billing begins automatically unless cancelled beforehand.

Payments are processed via Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin D02 H210, Ireland. Available payment methods (e.g. credit card, SEPA direct debit) are shown during checkout and may vary. The Provider does not store complete card or account data. In the event of payment failure or chargebacks, the Provider reserves the right to suspend access after reasonable advance notice.

AI Credits are consumed for AI-assisted actions (listing text generation, optimization, image enhancement). The monthly credit allowance is determined by the subscribed plan. Unused credits expire at the end of the billing period and are not carried over. No refunds are issued for unused credits.

Additional credit packages (net, plus applicable VAT):

• +100 Credits: €9.00
• +500 Credits: €39.00
• +1,000 Credits: €69.00

When the credit quota is exhausted, affected functions are paused until new credits are purchased or the next billing period begins.

Monthly subscriptions automatically renew for one additional month unless cancelled before the end of the current subscription period. Annual subscriptions renew accordingly for one additional year.

Cancellations may be submitted through the customer portal or in writing via email to info@listersync.com. After cancellation, access and data remain available until the end of the paid period. Customer data will be deleted within 30 days thereafter, unless statutory retention obligations apply.

The right to extraordinary termination for good cause remains unaffected. Good cause includes, in particular, significant payment arrears, unlawful use, or serious security risks.

The Customer agrees to:

• +Use only their own or lawfully authorized Amazon and eBay account credentials.
• +Comply with eBay seller policies, in particular the prohibition on Amazon Prime Retail / TBA fulfillment for eBay orders.
• +Publish only lawful and accurate product data and content.
• +Take sole responsibility for their own tax classification (e.g., German § 19 UStG / standard taxation).
• +Keep access credentials confidential and report security incidents immediately.
• +Refrain from automated bulk requests that place excessive load on the platform infrastructure.

The Customer remains solely responsible for their business decisions, listings, pricing, and use of external platforms.

ListerSync AI generates eBay listing texts using self-hosted AI models (Ollama, servers in Germany). The Provider does not warrant the legal permissibility, accuracy, or completeness of AI-generated content. The Customer is obligated to review all generated texts prior to publication for accuracy, eBay policy compliance, and legal permissibility.

No personal customer data is transmitted to external AI providers outside the EU. Product data is processed exclusively on servers in Germany. Google Gemini (optionally configurable as a fallback) processes product texts only, under EU Standard Contractual Clauses (Art. 46(2)(c) GDPR).

The software uses interfaces to third-party platforms (eBay, Amazon, Stripe). Certain features depend on the availability, API terms, and policies of these third parties. The Provider is not liable for changes, outages, or restrictions on the part of these platforms.

The Customer is responsible for ensuring that their third-party accounts are properly set up, lawfully operated, and adequately authorized.

The Provider strives for high service availability but does not guarantee uninterrupted, error-free operation. Maintenance work, updates, and infrastructure measures may temporarily affect availability. Technical disruptions caused by third-party providers or internet infrastructure are outside the Provider's area of responsibility.

The scope of support depends on the subscribed plan:

• +Starter / Growth: Email support (info@listersync.com)
• +Professional: Priority email support and 1:1 VIP support
• +Enterprise: Dedicated support, individual SLA by agreement

Standard support does not include legal, tax, or business advisory services, or individual custom development, unless expressly agreed otherwise.

The Provider grants the Customer, for the duration of the contract, a simple, non-exclusive, non-transferable right to use the software within the contractually agreed scope for their own business purposes. The Customer may not sublicense, copy, decompile, or reverse engineer the software. All rights to the software, design, and architecture remain with the Provider.

Personal data is processed in accordance with our Privacy Policy. All data is processed on servers in Germany (Hetzner Online GmbH).

To the extent the Provider processes personal data on behalf of the Customer, a Data Processing Agreement (DPA) in accordance with Art. 28 GDPR applies, which is available upon request. Please send requests to: info@listersync.com. An overview of our subprocessors is available at listersync.com/subprocessors.

Both parties agree to keep confidential all confidential information they become aware of in connection with the contractual relationship, and to use it exclusively for the purpose of performing the contract. This does not apply to information that must be disclosed by law.

The Customer shall indemnify the Provider from all third-party claims arising from unlawful or non-compliant use of the services by the Customer, in particular violations of platform policies, competition law, data protection law, or third-party intellectual property rights. The indemnification includes reasonable legal defense costs.

The Provider is fully liable for intentional misconduct, gross negligence, and for damages resulting from injury to life, body, or health, as well as under mandatory statutory provisions.

In cases of simple negligence, the Provider is liable only for breach of material contractual obligations (cardinal obligations), limited to the typically foreseeable damage. Otherwise, liability is excluded, in particular for loss of profit, indirect damages, or consequential damages.

The Provider is not liable for damages arising from inaccurate or incomplete AI-generated content, API outages at Amazon or eBay, or inaccurate information provided by the Customer.

The Provider reserves the right to amend these Terms with 30 days' notice by email. If the Customer does not object within this period and continues to use the services, the amended Terms are deemed accepted. As this service is exclusively offered to businesses, no statutory right of withdrawal for consumers applies.

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Duisburg, Germany, provided the Customer is a merchant, legal entity under public law, or a special fund under public law.

If any provision of these Terms is or becomes invalid, the validity of the remaining provisions shall not be affected.