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 through the interfaces of the connected platforms
• +AI-assisted generation of eBay listing titles and descriptions
• +Publication and updating of eBay listings via the eBay Sell API
• +Automatic price and inventory synchronization at the booked interval
• +Market Radar for competitive monitoring on eBay
• +Price calculation using current eBay fee rates and the account's tax setting (German VAT law § 19 UStG / standard taxation)
• +Audit logging of all system-relevant actions

The software does not place orders with suppliers and does not purchase goods. Whether a sourcing route, a proof of shipment, or a listing complies with the policies of the respective marketplace is checked and answered for by the Customer.

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

The display of plans on the website is not a legally binding offer but an invitation to submit an offer. The Customer submits their offer by selecting a plan and completing the order process.

The contract is formed once the Provider activates access or makes the service available. For plans available on request only, the contract is formed through a separate agreement in text form.

The Customer confirms at contract formation that they are acting exclusively in the course of their commercial or self-employed professional activity. The Provider reserves the right to reject offers without stating reasons.

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:

The Enterprise S, Enterprise M, Enterprise L, and Custom plans are available on request only and are agreed separately. For customers with more than 10,000 active listings, the price depends on the agreed volume; the basis is the Enterprise L plan plus a surcharge per additional 1,000 listings, or part thereof, according to the price list in force at contract formation.

All plans include a 7-day free trial. Payment details are stored to set up the 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, in particular the generation and optimization of listing texts. The monthly credit allowance is determined by the subscribed plan. Unused credits from the monthly allowance expire at the end of the billing period and are not carried over. No refunds are issued for unused credits.

Additional credit packages can be purchased separately (net, plus applicable VAT). These are one-off purchases and do not expire; they remain in the account until used:

• +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 the policies of the marketplaces used, in particular eBay's drop shipping policy: drop shipping to eBay buyers only from a wholesale supplier or manufacturer, not from another retailer or marketplace such as Amazon, regardless of Prime, Fulfilled by Amazon or a business account.
• +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 AI models. 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.

Only product data is transmitted to the AI services used, never personal data of the Customer's buyers. For this purpose the Provider uses processors within the EU or with a transfer mechanism permitted under Art. 44 et seq. GDPR. Which services these are at any given time is stated in the privacy policy and in the list of subprocessors. The Provider may change the models and providers used as long as this framework is maintained; material changes are reflected in that list.

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 and Growth: Email support (info@listersync.com)
• +Professional: Email support with priority handling
• +Enterprise and Custom: Scope of support by separate agreement

No fixed response times are promised unless expressly agreed in text form. Support does not include legal, tax, or business advisory services, or individual custom development.

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.