§1 Scope

(1) These Terms and Conditions (“T&C”) apply to all contracts between insiba Engineering, Käthe-Kollwitz-Ring 83, 76676 Graben-Neudorf, Germany (hereinafter referred to as the “Provider”) and its customers regarding the use of the cloud-based software “eCommerce One”.

(2) Customers within the meaning of these T&C may be both entrepreneurs (§14 German Civil Code – BGB) and consumers (§13 BGB).

(3) Deviating terms and conditions of the customer shall not apply unless the Provider expressly agrees to their validity in writing.

§2 Subject Matter of the Contract and Service Description

(1) The subject matter of the contract is the temporary provision of the software “eCommerce One” via the Internet in the Software-as-a-Service (SaaS) model.

(2) The Provider provides the customer with the use of the software as well as storage space for processing and storing data generated or imported by the customer.

(3) The software is not provided for installation on the customer's systems and the source code will not be disclosed.

(4) The software serves in particular for:

Aggregation of orders from online shops and marketplaces
Creation of invoices, delivery notes and shipping labels
Management of customer, product and shipping data
Automation of commercial processes
Integration of external systems via APIs and interfaces

(5) The specific functionality and current scope of the software result from the applicable Service Description (Annex 1) for the use of the eCommerce One software.

§3 Conclusion of Contract

(1) The tariffs displayed within the application or on the website constitute a binding offer to conclude a paid usage contract.

(2) The contract is concluded when the customer selects a tariff and completes the booking process.

(3) The Provider confirms the conclusion of the contract electronically.

§4 Free Trial Period

(1) After the initial registration, the customer receives a one-time free trial period of 14 days.

(2) During the trial period, the software may be used without obligation.

(3) Paid usage does not arise automatically.

(4) Fees will only be charged once the customer provides payment details in the main account and grants a SEPA direct debit mandate.

(5) If no paid subscription is activated, the use ends automatically.

(6) If no paid subscription is activated within three (3) calendar days after the end of the trial period, the account including all data will be automatically deleted.

(7) The customer is responsible for exporting any required data before the end of this period.

(8) Restoration of deleted data is excluded.

§5 Usage Rights

(1) The Provider grants the customer a simple, non-transferable right of use limited to the duration of the contract.

(2) Use is permitted exclusively for the customer's own purposes.

(3) The following are prohibited in particular:

Transfer or sublicensing to third parties
Operation as a data center or white-label solution
Reverse engineering, decompilation or manipulation
Use for the development of competing systems

(4) Updates, new versions or functional extensions are part of the contract.

§6 Duties and Obligations of the Customer

(1) The customer is obliged to use the software only within the intended scope and to comply with all applicable legal provisions.

(2) The customer must ensure that access credentials are kept confidential and protected against unauthorized access.

(3) The customer is responsible for the proper setup and management of user accounts and for all activities carried out under the account.

(4) The customer must not misuse the software, particularly not for processing unlawful content or infringing third-party rights.

(5) The customer is responsible for regularly backing up their data.

(6) Security incidents or suspected unauthorized use must be reported to the Provider without delay.

(7) The customer shall indemnify the Provider against all third-party claims resulting from unlawful use of the software or from content provided by the customer.

§7 Responsibility for Data and Content

(1) All data processed by the customer are considered customer data.

(2) The customer bears sole responsibility for their legality, accuracy and completeness.

(3) The Provider is not obliged to review the content legally or professionally.

§8 Third-Party Systems and Integrations

(1) The software interacts with external systems, platforms and services.

(2) Changes, restrictions or outages of these systems are outside the Provider's control.

(3) The Provider does not guarantee the permanent availability or functionality of such integrations.

§9 Prices, Billing and Invoicing

(1) Invoices are issued monthly on the first calendar day based on the usage volume incurred in the previous month according to the valid price list.

(2) Invoices are provided exclusively electronically via email.

(3) The customer must maintain a valid email address for receiving invoices.

(4) Fees are collected by SEPA direct debit within five (5) calendar days after invoicing.

§10 Payment Processing via External Payment Providers

(1) For the technical execution of payments, the Provider uses an external payment service provider.

(2) The SEPA direct debit mandate is issued directly to the payment provider during account setup.

(3) The customer agrees that data necessary for payment processing may be transmitted to the payment provider.

(4) The Provider may replace the payment provider with an equivalent provider if reasonable for the customer.

§11 Contract Term and Termination

(1) The contract is concluded for an indefinite period.

(2) Either party may terminate the contract at any time effective at the end of a calendar month.

(3) Termination may be made in text form or through the functions provided within the application.

(4) The right to extraordinary termination for good cause remains unaffected.

(5) Upon termination, the right to use the software ends automatically.

§12 Availability, Maintenance and Technical Changes

(1) The Provider provides the software within the limits of existing technical, operational and economic possibilities.

(2) Continuous and uninterrupted availability cannot be guaranteed due to the nature of internet-based services.

(3) The Provider may perform maintenance work, updates and security measures.

(4) The Provider may further develop, adapt or discontinue functions provided that the overall contractual purpose remains intact.

§13 Confidentiality

(1) Both parties undertake to keep confidential all confidential information obtained within the contractual relationship.

(2) This obligation continues after the termination of the contract.

(3) Information already publicly known or becoming publicly known without breach of contract is excluded.

§14 Liability

(1) The Provider is liable without limitation for intent and gross negligence.

(2) In cases of slight negligence, liability is limited to breaches of essential contractual obligations and to foreseeable damages typical for the contract.

(3) Liability for indirect damages, lost profits or data loss exists only within mandatory statutory provisions.

(4) The Provider is not liable for disruptions outside its control.

§15 Force Majeure

(1) Events of force majeure release the Provider from performance obligations for the duration of the disruption.

(2) If such events persist for an unreasonable period, both parties may terminate the contract extraordinarily.

§16 Data After Contract Termination

(1) After termination of the contract, the Provider is no longer obliged to store customer data.

(2) The customer must export required data before termination.

(3) The Provider may delete all stored data unless legal retention obligations apply.

(4) Data subject to retention obligations will be restricted.

(5) Restoration of data after termination is excluded.

§17 Changes to these T&C

(1) The Provider may amend these T&C for the future if there is a justified reason.

(2) Customers will be informed of changes in due time.

§18 Final Provisions

(1) German law applies excluding the UN Convention on Contracts for the International Sale of Goods.

(2) If the customer is a merchant or public legal entity, the place of jurisdiction is the Provider's registered office.

(3) Should individual provisions be invalid, the remaining provisions remain effective.

Status: 02.03.2026

Terms and Conditions (T&C)