General Terms and Conditions

§ 1 Application of the General Terms and Conditions

 

1. The General Terms and Conditions accepted by both contracting parties govern the terms and conditions between ABIT GmbH, represented by the managing director Bozena de Liso, who is represented by Marcello de Liso, Rotdornstraße 125, 40472 Düsseldorf, hereinafter referred to as the “Contractor”, and the customer, hereinafter referred to as the “Client“, as a service contract within the meaning of § § 611 ff. BGB (German Civil Code), unless otherwise agreed in writing between the contracting parties.

 

2. The Contractor offers services in the area of Software-as-a-Service (“Saas”). The nature and scope of the mutual services shall be governed by the contractual agreements. The Contractor shall provide SaaS services for the Client via the Internet in the area of software. The subject matter of the contract is the provision of the software specified in § 1 (3) for the term of the contract, together with the granting of the rights required for its contractual use, as well as the use of the website for public presentation by the Client.  The scope of services defined in the contract shall be deemed to be the agreed quality. 

 

3. The following General Terms and Conditions govern in particular the use of the Google Chrome Extension “BarcodeHero” (hereinafter referred to as “Extension“) of the Contractor by entrepreneurs and private individuals (hereinafter referred to as “User”). By using the extension, the user agrees to these terms and conditions.

 

4. These General Terms and Conditions apply to companies in accordance with § 14 BGB and to consumers in accordance with § 13 BGB. 

 

5. These terms and conditions apply to all current and future business relationships between the Contractor and the Client. By using the extension, the Client agrees to these terms and conditions.

 

6. Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing by the Contractor.

§ 2 Conclusion of contract

 

1. The contract between the Contractor and the Client is concluded as soon as the Client completes the payment on the “barcodehero.io” website.

 

2. In any case, the contract is only concluded when the Contractor confirms the Client’s booking. The Client’s booking is binding. The Client shall receive an invoice by e-mail with the booking confirmation.

 

3. The Contractor’s offers are non-binding. Acceptance, additions, amendments and ancillary agreements require written confirmation by the Contractor.

 

4. The Contractor is entitled to refuse a contract without giving reasons, e.g. if the Contractor cannot or may not provide the service due to his specialisation or for legal reasons, or if there are reasons that could put him in conflict of conscience. In this case, the Contractor shall retain the fee claim for the services rendered up to the point of refusal.

 

§ 3 Content of the contract

 

1. The Contractor shall provide its services to the Client in such a way that it applies its knowledge and skills in the above-mentioned areas. The Contractor shall make the extension available to the Client for use within the framework of a Software-as-a-Service contract (SaaS contract). The extension is the property of the Contractor and is not sold, but merely leased. 

 

2. In order to access and use the service, the Contractor shall provide the Client with the necessary access data required to access the service.

 

3. The Client undertakes to use the information materials, reports and analyses produced by the Contractor as part of the service only for its own purposes. The Client shall receive the exclusive and non-transferable right to use them. 

 

4. All of the Contractor’s documents are protected by copyright. This applies to both the content of the Contractor’s website and other documents. The Client is not authorised to reproduce, distribute or publicly reproduce such documents. The Client is also not entitled to make image, film or sound recordings of the service without the express permission of the Contractor.

§ 4 Performance of the services

 

1. The extension serves to simplify the product search for Amazon products. The Client may only use the extension for legitimate and legal purposes. The extension serves to simplify the product search for online arbitrage products, i.e. for all possible online businesses. Use is at the Client’s own risk.

 

2. The Contractor shall be entitled to postpone or suspend the provision of the extension if it or a third party service provider engaged by it is prevented from providing the service, e.g. due to riots, strikes, lockouts, natural disasters, storms, traffic obstructions or illness, which prevent the Contractor from providing the service on the agreed date through no fault of its own. In this case, the Client shall not be entitled to claim damages.

 

3. The illustration and description of the extension on the Contractor’s website are for illustrative purposes only and are only approximate. No guarantee is given for full compliance. 

 

4. The Contractor is entitled to make adjustments to the content or the process of the extension for technical reasons, for example if there is a need to update or further develop the content, provided that this does not result in a significant change to the content and the change is reasonable for the Client.

 

5. The Contractor shall provide the Client with the latest version of the agreed extension and shall ensure that the extension is maintained and updated. The Contractor is authorised to update and expand the extension at any time in order to improve the performance of the extension or to adapt it to the needs of the market.

 

6. The Client is obliged to use the extension exclusively for its own (operational) legitimate and legally permissible purposes and to comply with the contractual provisions. The Client is not authorised to modify or decompile the software of the extension. The Client undertakes not to use any data or content that violates applicable law or infringes the rights of third parties. The Client is responsible for the proper use of the extension and uses it at his own risk.

 

7. The Contractor does not have to provide the extension, and everything associated with it itself. It is authorised to outsource the performance of the service to third parties, e.g. subContractors, at its own discretion. 

 

8. The Client is obliged to take suitable measures to protect the extension from access by unauthorised third parties, in particular to store all copies of the extension in a protected location.

 

9. If a user account is required to use the extension, the Client is responsible for the security of his account and password.

 

10. The Contractor shall provide support and any maintenance services in accordance with the agreed conditions. The provision of the extension is not guaranteed on a permanent basis.

§ 5 Payment

 

1. A monthly fee is charged for the use of the SaaS solution, the amount of which can be found in the provider’s current price list. 

 

2. Payments for the subscription to the extension are processed via the payment service provider Stripe. Stripe accepts a variety of payment methods, including Visa, Mastercard, American Express and other major credit and debit cards. The Client is obliged to accept Stripe’s payment terms and conditions and, if necessary, to create a Stripe account in order to process payments for the subscription to the extension.

 

3. Payment must be made to the Contractor by the Client immediately upon receipt of the invoice. Payment is due upon receipt of the invoice by e-mail. The payment term is 7 days from the date of invoice. Payment can be made using the means of payment specified in the invoice.  

 

4. The monthly fee is paid in advance. In the event of unsuccessful payment, the provider is authorised to block access to the extension.  

 

5. All prices on the Contractor’s homepage are listed as net prices. 

§ 6 Property rights of the Contractor and third parties and intellectual property 

 

1. All rights to the results of the service in connection with the Contractor’s work for the Client, in particular all rights of use under copyright law, all design rights, all trademark and labelling rights and other intellectual property rights (including all stages of development), shall belong exclusively and without restriction to the Contractor.

 

2. The Client hereby transfers to the Contractor the exclusive rights of use, unrestricted in terms of time, space and content, at the time the results are created.

 

3. The Contractor shall permanently retain the rights to its logo and brand. The Contractor’s brand and logo may not be used by the Client without the Contractor’s consent. 

 

4. If the contractual use of the work results created by the Contractor infringes third-party property rights, the Client shall indemnify the Contractor against legally established third-party claims based on existing third-party property rights insofar as the work results are based on specifications or materials provided by the Client. The Client shall inform the Contractor immediately in writing of any claims asserted.

 

5. The extension and all associated intellectual property rights, including copyrights and trademarks, are the property of the Contractor. The Client may not copy, reproduce, modify or otherwise use the extension without the express authorisation of the Contractor.

§ 7 Confidentiality 

 

1. The parties shall treat all business secrets and other information of the other party labelled as confidential (hereinafter referred to as “confidential information”) as confidential. The receiving party (“Recipient”) shall treat the Confidential Information with the same care as it treats its own confidential information of the same sensitivity, but at least with the care of a prudent businessman.

 

2. Use of the confidential information is limited to use in connection with this contract. Confidential information may not be disclosed to third parties without the prior consent of the disclosing party. Consent must be given in writing. No third parties within the meaning of this paragraph are affiliated companies of the parties and consultants who are obliged by law to maintain confidentiality.

 

3. To the extent required by applicable legal obligations, the recipient is also authorised to disclose and pass on confidential information. To the extent permitted by law, the recipient shall inform the disclosing party before disclosing confidential information.

 

4. The parties shall require their employees or third parties to whom they disclose confidential information to treat this information confidentially within the framework of the respective subcontractor and employment relationships, subject to the proviso that the obligation to maintain confidentiality shall continue to apply beyond the end of the respective subcontractor or employment relationship, unless a corresponding general obligation to maintain confidentiality already exists.

 

5. The obligation to maintain confidentiality does not apply to information that

1. were already generally known when the contract was concluded or subsequently become generally known without breach of the confidentiality obligations contained in this contract; 

2. developed by the Recipient independently of this Agreement; or

3. the Recipient has received from third parties or outside this Agreement from the Disclosing Party without an obligation of confidentiality.

The burden of proving the existence of the exceptions referred to in this paragraph lies with the party invoking the exception.

 

6. Upon termination of this contract, the parties shall surrender or delete confidential information of the other party in their possession at the request of that party. This does not apply to confidential information for which there is a longer statutory retention obligation and data backups as part of normal backup processes.

 

7. The Contractor shall be entitled to utilise empirical knowledge, such as ideas, concepts, methods and know-how, which is developed or disclosed in the course of the performance of the contract and which is stored in the memory of the persons employed to provide the service. This shall not apply if this infringes the industrial property rights or copyrights of the Client. The obligation to maintain confidentiality remains unaffected by this.

§ 8 Term and cancellation

 

1. The contract is concluded for an indefinite period. The subscription can be cancelled by the Client at any time via the Contractor’s website. Cancellation shall take effect at the end of the current billing period.

 

2. In addition to the monthly subscription, the Contractor also offers the option of an annual subscription. The Client is free to choose whether to pay monthly or annually for the use of the extension. Ordinary cancellation of the annual subscription must be made via the Contractor’s website at least one month before the end of the respective contract term. If the contractual relationship is not cancelled by one month before the end of the respective term, it shall always be extended by a further month if the Client is a consumer. In the case of entrepreneurs, the contractual relationship shall always be extended by the original term. 

 

3. In the event that the Client cancels the subscription, he remains obliged to pay for the use of the extension until the end of the current billing period. Any amounts already paid will not be refunded.

 

4. The right to termination without notice and extraordinary termination for good cause remains unaffected. An extraordinary right of termination on the part of the Contractor exists in particular if the Client is in arrears with payments more than twice, if it wilfully violates provisions of these GTC and/or has wilfully or negligently committed prohibited acts or if the relationship of trust is permanently disturbed.

 

5. In the event of premature cancellation by the Client for good cause, the Contractor’s claim to remuneration shall remain unaffected. The Client reserves the right to prove that we have incurred no or significantly less damage.

§ 9 Liability and warranty

 

1. The Contractor shall be liable to the Client in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

 

2. In other cases, the Contractor shall only be liable – unless otherwise regulated in para. 3 – in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Client may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

 

3. Liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.

 

4. The Contractor protects its Clients as best it can against cybercrime. Unfortunately, this cannot always be prevented. The exclusion of liability in paragraphs 1 – 3 also applies to damages incurred by the Client as a result of such cybercrime, with the exceptions stated. 

§ 10 Data protection

 

1. The Client expressly consents to the electronic processing of his personal data within the framework of the following regulations. Customer data will be treated with absolute confidentiality. The data provided by the Client will be used exclusively for the professional execution of the service. The data will not be passed on to third parties. This does not apply to information that is publicly accessible or becomes publicly accessible without the unauthorised intervention or omission of the contracting parties or must be made accessible by court order or by law. In the case of support assistance for problems of the Client, it may be necessary to access data records of the Client. This access is limited to the period of the respective support measure.

 

2. The Contractor undertakes to maintain secrecy about all confidential information (including business secrets) that it learns in connection with this contract and its execution and not to disclose it to third parties, pass it on or use it in any other way. Confidential information is information that is labelled as confidential or whose confidentiality arises from the circumstances, regardless of whether it has been communicated in written, electronic, embodied or verbal form. The confidentiality obligation shall not apply if the Provider is obliged to disclose the confidential information by law or on the basis of an official or court decision that has the force of res judicata. The Contractor undertakes to agree with all employees and subContractors a regulation with the same content as the preceding paragraph.

 

3. The parties shall comply with the applicable data protection provisions applicable to them. The separate data protection provisions on the provider’s homepage under the following link apply: https://barcodehero.io/privacy-policy/

§ 11 Right of cancellation

 

1. If the Client is a consumer, we refer to the separate cancellation policy at https://barcodehero.io/refund-policy/ with regard to the right of cancellation.

2. If the Client is a company, the right of cancellation is excluded.

3. If the service is to begin before the right of cancellation expires, the Client must submit a waiver of cancellation by ticking the appropriate box when placing the order.

§ 12 European dispute resolution

 

1. We draw your attention to the online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can access at https://ec.europa.eu/consumers/odr . Here you can enter into an out-of-court settlement of consumer disputes arising from online contracts.

 

2. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 13 Final provisions

 

1. Should individual provisions of the respective service contract be or become invalid or void, this shall not affect the validity of the service contract as a whole. Rather, the invalid or void provision shall be replaced by a provision that comes closest to the purpose of the contract or the parties’ intentions.

 

2. The law of the Federal Republic of Germany shall apply.

 

3. Amendments and additions to the service contract must be made in writing to be effective. There are no verbal collateral agreements.

 

4. If the Client is a merchant, the place of jurisdiction for all disputes arising from the contractual relationship shall be the Contractor’s registered office. Otherwise, the statutory provisions shall apply.

 

1. 5. The Contractor reserves the right to amend the GTC and the extension at any time.