⚠️ DRAFT — Provider name, manager, and activity are filled in. Fields marked with [TODO] (full address, data-protection email, SLA definition, liability cap, jurisdiction for UAE provider with DE customer base) and the validity of clauses under §§ 305 et seq. BGB must be reviewed by a German commercial lawyer before launch.

Terms of Service

1. Scope

These Terms of Service govern all contracts between AMZSTAY - FZCO, a Freezone Company based in IFZA, Dubai Silicon Oasis, United Arab Emirates (the “Provider”), and its customers regarding use of the Software-as-a-Service platform Sellerwerk.

2. Scope of services

Sellerwerk is an Amazon advertising management platform providing campaign overview, automation, and optimization for Sponsored Products, Sponsored Brands, and Sponsored Display campaigns on Amazon Seller and Vendor accounts. The specific scope depends on the customer's chosen plan (Nano, Starter, Growth, Pro, Agency, Enterprise).

3. Conclusion of contract

The contract is concluded by customer registration and Provider confirmation. Registration requires acceptance of these Terms and the Privacy Policy.

4. Fees

Use of Sellerwerk is provided against monthly or annual fees per the chosen plan. Prices are listed on the website and billed via Stripe. All prices are exclusive of statutory VAT.

5. Availability

The Provider strives for high availability of Sellerwerk but does not guarantee it. Planned maintenance windows are announced at least 24 hours in advance.

TODO: SLA definition with concrete uptime targets (99.5%? 99.9%?) and credit policy on breach — to be defined with lawyer.

6. Liability

The Provider is liable without limitation in cases of intent and gross negligence and for injury to life, body, or health. For slight negligence, the Provider is liable only for breaches of essential contractual obligations (cardinal duties), limited to foreseeable damages typical for the contract.

TODO: concrete liability caps to be agreed with lawyer + insurance coverage limits.

7. Term and termination

Monthly subscriptions automatically renew month-to-month and may be terminated at any time effective at the end of the current term. Annual subscriptions renew annually and may be terminated with 30 days' notice before the end of term.

After contract end, account data is retained for 30 days to allow resubscription without data loss. After this period, all campaign data, automation history, and audit logs are irrevocably deleted (see Privacy Policy §5).

8. Right of withdrawal (B2C consumers)

Withdrawal notice

Consumers within the meaning of § 13 BGB have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of contract conclusion.

To exercise your right of withdrawal, you must inform Sellerwerk via clear declaration (e.g. by mailed letter or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it suffices to send the notification before the end of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, Sellerwerk will refund all payments received without delay and at the latest within fourteen days from the day notice of your withdrawal is received. The refund uses the same payment method as the original transaction unless otherwise expressly agreed.

Expiration of withdrawal right for digital services

For contracts concerning the provision of digital content, the right of withdrawal expires per § 356(5) BGB once execution has begun after you have explicitly consented and acknowledged that you lose the right of withdrawal upon commencement. Such consent is requested when activating a paid subscription within the 14-day window.

No right of withdrawal applies to entrepreneurs within the meaning of § 14 BGB; this section addresses consumers only.

9. Data protection

Processing of personal data follows the Privacy Policy and the GDPR. Processing of campaign data on the customer's behalf is governed by a separate Data Processing Agreement (DPA) which customers may request at [TODO datenschutz@…].

10. Changes to these Terms

The Provider reserves the right to amend these Terms with effect for the future. Changes are communicated to customers via email at least six weeks before taking effect. If the customer does not object within six weeks, the changes are deemed approved. The change notice will explicitly highlight this consequence. On objection, the contract ends at the next regular termination date.

11. Final provisions

The law of the Federal Republic of Germany applies under exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction for all disputes arising from this contract, where legally permissible, is [TODO jurisdiction for UAE provider with DE customer base — lawyer to decide whether the Provider's Dubai seat or a DE place of performance is agreed]. Should individual provisions of these Terms be invalid, the validity of the remaining provisions is unaffected.

12. Trade-name notice

“Sellerwerk” is the trade name under which AMZSTAY- FZCO offers the services described here. The contracting party and Provider under these Terms remains AMZSTAY-FZCOat all times. All rights and obligations under this contract attach to AMZSTAY-FZCO; the trade name “Sellerwerk” serves only as the product designation.