Terms of service

§ 1 Scope

1. These terms of service apply to all contracts for the use of eOptima between Maximilian Lutz, c/o flexdienst – #21849, Kurt-Schumacher-Straße 76, 67663 Kaiserslautern, Germany, email: info@eoptima.net (“we”) and you as the customer.
2. eOptima is aimed at consumers (§ 13 BGB, German Civil Code) and businesses (§ 14 BGB). Provisions that apply only to one of these groups are marked as such.
3. Deviating terms and conditions of businesses only apply if we expressly agree to them.

§ 2 Conclusion of the contract

1. The presentation of eOptima on the website does not constitute a binding offer.
2. Upon completion of registration, a free contract for the use of eOptima is concluded. If you do not confirm your email address within 7 days, we delete the account automatically; this ends the contract.
3. You order credits and the Premium subscription in your account. Before you order, you see the service, the price, and, for Premium, the term in an overview and can correct input errors. By clicking “Order with obligation to pay”, you submit a binding offer; we accept it by confirming it by email.
4. The language of the contract is German. We store the text of the contract and send it to you in text form together with these terms of service and the information on the right of withdrawal.

§ 3 Description of services

1. eOptima is an online tool for reviewing, optimizing, and transferring your own eBay listings. The range of functions is the same for all accounts and is determined by the feature overview on the website at the time the contract is concluded.
2. eOptima is an independent service and is neither operated nor endorsed by eBay. Functions depend on the availability, scope, and requirements of the eBay interfaces (APIs), the marketplaces, and your permissions. If eBay changes its interfaces, functions may be restricted.
3. eOptima transfers changes to eBay listings only at your express instruction. Recommendations are suggestions; we do not owe any particular sales success.
4. For consumers, the statutory rights for digital products apply (§§ 327 et seq. BGB). We provide the updates that are necessary to keep eOptima in conformity with the contract.
5. Beyond these updates, we change eOptima during the term of the contract only for a valid reason, for example due to a change in the legal situation, changed eBay interfaces or policies, to remedy security risks, or for improvements that do not restrict agreed services. Changes are free of charge for you, and we inform you clearly about them.
6. If such a change impairs your access to eOptima or its usability more than only insignificantly, we inform you by email in good time beforehand about the characteristics and timing of the change. You can then cancel the contract free of charge within 30 days of receiving the information or of the change (§ 327r BGB). We refund on a pro rata basis any fees paid in advance for the period after the end of the contract.

§ 4 Credits, Premium, and payment

1. The account is free of charge. Only listing actions are subject to a charge, i.e. changes that eOptima transfers to eBay at your instruction (transfers), and market price comparisons in which eOptima, at your instruction, retrieves the cheapest active comparable listings on eBay and finds at least one matching comparable listing. For these, you use credits or the Premium subscription. Loading, reviewing, and editing changes are free of charge.
2. You buy credits as a one-time purchase in packs; this does not create a subscription. The prices and credit amounts displayed at the time of purchase apply. Purchased credits do not expire as long as your account exists.
3. Every new account receives a one-time free starting balance of 50 credits as soon as the email address has been confirmed. You use the starting balance like purchased credits; it does not expire as long as your account exists. It is not paid out in cash or refunded. There is no entitlement to a further starting balance, for example after deleting an account and creating a new one.
4. Credits are only deducted for listing actions, namely 5 credits each time changes to a listing are saved to eBay (fields saved together count as one transfer) and 10 credits per market price comparison that returns at least one matching comparable listing. A market price comparison without matching comparable listings is free of charge, as is a market price comparison that is not completed for technical reasons (for example due to an error or a timeout at eBay).
5. Before a market price comparison is started without active Premium, we reserve 10 credits from your available balance. The search only starts if the available balance is sufficient for this. Reserved credits have not yet been used up. We only use them up once the market price comparison returns at least one matching comparable listing. If there are no matching comparable listings or in the event of a technical error, we release the reservation in full.
6. When newly taken out, the Premium subscription costs €14.99 per month and includes unlimited transfers and market price comparisons. For an existing subscription, the price agreed when it was taken out continues to apply unless it is adjusted in accordance with the following paragraphs. The subscription renews for one more month at a time unless you cancel by the end of the billing month (§ 5). While Premium is active, no credits are deducted; existing credits are kept.
7. All prices are final prices including any applicable taxes. For domestic transactions in Germany exempt under § 19 UStG (German VAT Act), no VAT is charged or shown under our small business scheme. The tax treatment of cross- border transactions follows the applicable legal requirements. The tax treatment that applies to the purchase is shown at checkout and on the invoice. You receive an invoice for every purchase.
8. Payment is made in advance—for credits at the time of purchase, for Premium per billing month—via the payment service provider Stripe. The payment methods that Stripe shows you during checkout are available, e.g. credit and debit card, Apple Pay, and Google Pay; the selection may vary depending on country and device. We do not store card details. The Premium subscription is charged automatically at the beginning of each billing month using the stored payment method.
9. If you delete your account, unused credits are forfeited. Before the deletion, we point out any existing balance to you. Your right of withdrawal and statutory claims remain unaffected.
10. For credit purchases, the price at the time of purchase applies; later price changes do not affect credits already purchased.
11. We may adjust the price of the Premium subscription for future billing months at our reasonable discretion if the costs relevant to the service change after the contract is concluded. These are exclusively costs for servers, data center, and data transfer, fees for third-party services used (in particular payment processing and email delivery), and statutory taxes and levies. An increase is only permitted to the extent that the cost increase is not offset by cost reductions in other of these cost types; it must not increase our profit. If the costs decrease, we reduce the price accordingly. An increase is possible at most once in twelve months.
12. We notify you of a price change in text form (e.g. by email) at least six weeks before it takes effect, including its extent and the reason for it. In the event of an increase, you can cancel the Premium subscription without observing a notice period, effective as of the date the change takes effect; we point this out separately in the notification.
13. If you are in default with a payment for the Premium subscription, we may suspend Premium after an unsuccessful payment reminder until the amount owed is paid. Existing credits and your free account remain unaffected by this.

§ 5 Term and cancellation

1. The contract for your free account runs for an indefinite period. You can end it at any time by deleting your account. An active Premium subscription ends immediately upon deletion; there is no refund for the remainder of the billing month already paid for.
2. The Premium subscription runs for one month at a time and renews for one more month unless you cancel by the end of the billing month. A cancellation takes effect at the end of the current billing month.
3. You can cancel the Premium subscription in your account (Stripe customer portal), via “Cancel contracts here” (without signing in), or in text form, e.g. by email to info@eoptima.net.
4. Credit purchases are one-time purchases and do not need to be canceled.
5. As a consumer, you have a statutory right of withdrawal when you buy credits and when you take out the Premium subscription. Details are set out in the information on the right of withdrawal; you can also withdraw online via “Withdraw from contract here”.
6. The right to extraordinary cancellation for good cause remains unaffected.

§ 6 Your obligations

1. Keep your login credentials secret and protect your account, e.g. with two-factor authentication.
2. You comply with eBay's terms of use and policies.
3. You are responsible for the content of your eBay listings yourself—including changes you make with eOptima—in particular for their accuracy and compliance with legal requirements (e.g. price information, product safety, trademark and copyright law).
4. You do not misuse eOptima, in particular not for automated mass queries outside the intended functions, for attacks, or to circumvent protective measures.

§ 7 Availability

1. We strive for high availability of eOptima but do not commit to any particular availability. This is subject to maintenance, security-related restrictions, and technically unavoidable outages.
2. Where possible, we announce maintenance work in advance.
3. We have no influence on the availability of the eBay platform and its interfaces.

§ 8 Liability

1. We are liable without limitation for intent and gross negligence, for injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent of a guarantee we have assumed.
2. In the case of slight negligence, we are only liable for the breach of material contractual obligations—i.e. those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely—limited to the foreseeable damage typical for the contract.
3. Otherwise, liability for slight negligence is excluded. For the free use of eOptima, we are only liable—except in the cases of paragraph 1—for intent and gross negligence.
4. For the loss of data, we are only liable up to the amount of the effort that would be required to restore it. Your listings themselves remain stored on eBay and can be reloaded at any time.
5. The limitations of liability do not apply insofar as we have fraudulently concealed a defect; they also apply in favor of our vicarious agents.

§ 9 Data protection

You can find information on the processing of your data in the privacy policy.

§ 10 Changes to these terms of service

1. In relation to businesses, we may change these terms of service with effect for the future if there is an objective reason, such as a change in the legal situation or changed eBay interfaces. We announce the change in text form at least six weeks in advance. If you do not object by the time it takes effect, the change is deemed accepted; we point this out separately in the announcement. If you object, you can cancel the Premium subscription effective as of the date the change takes effect.
2. In relation to consumers, changes only become effective if you expressly agree to them.

§ 11 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the state of their habitual residence.
2. If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Kaiserslautern.
3. You can find information on consumer dispute resolution in the legal notice.