Terms and Conditions (T&Cs)

§ 1 Scope of Application and Contracting Parties

(1) These Terms and Conditions (hereinafter "T&Cs") apply to all contracts between

Cedric F. Jacob und Piet Jacob GbR
Markt 35
53721 Siegburg
Germany
Email: contact@ebai.ninja

(hereinafter "Provider") and natural or legal persons (hereinafter "User"), who use the SaaS platform ebai.ninja.

(2) Conflicting or deviating terms and conditions of the User are not recognized, unless the Provider has expressly agreed to their validity in writing.

(3) The service is directed exclusively at commercial users (B2B) and entrepreneurs within the meaning of § 14 of the German Civil Code (BGB). Use by consumers within the meaning of § 13 BGB is not intended. By registering, the User confirms that they are acting for commercial purposes.

§ 2 Description of Services

(1) ebai.ninja is a Software-as-a-Service platform (SaaS) that automatically monitors and analyzes eBay listings on the German marketplace (ebay.de) and performs profit margin calculations for eBay arbitrage trading. The core functions include:

• Auto-search: Automatic search for eBay listings based on configured search terms
• AI part extraction: Analysis of listings using artificial intelligence to identify individual components
• Price research: Automatic determination of market prices based on eBay sales histories
• Profit analysis: Calculation of profit margins for the listings found
• Bankroll management: Tools for budget management
• Notifications: Alerts for new profitable listings
• Advanced features according to the selected subscription plan (listing generation, warehouse tasks, product questions, AI price negotiation)

(2) The Provider reserves the right to extend, adapt, or modify the scope of features of the service or to change individual features, insofar as this is reasonable for the User.

(3) ebai.ninja is an analysis tool. The service does not make purchase decisions for the User and does not carry out purchases on behalf of the User, unless this has been explicitly activated and agreed upon. All trading decisions remain with the User.

(4) The calculated profit margins and price estimates are estimated values based on available market data and do not constitute a guarantee of actually achievable profits.

§ 3 Registration and Account

(1) The use of ebai.ninja requires registration. The User must provide truthful and complete information at the time of registration.

(2) Login is passwordless via a one-time email code (magic link / OTP). The User is obliged to keep the email address on file up to date.

(3) The User is responsible for all activities that take place under their account. In the event of suspicion of unauthorized access, the Provider must be notified without delay.

(4) One user is permitted per account. Sharing account access with third parties is not permitted.

(5) There is no claim to registration. The Provider may refuse registration without giving reasons.

§ 4 Subscription Plans and Prices

(1) ebai.ninja is offered in the following subscription plans (prices plus statutory VAT):

Plan	Price / Month	Robots	Searches / Day
Starter	€ 199	1	1
Pro	€ 399	1	3
Business	€ 499	2	6
Enterprise	€ 699	3	6

(2) The exact list of features included in each plan is set out on the website at ebai.ninja/#pricing and forms part of these T&Cs.

(3) All prices are in euros (EUR) and are net prices plus the applicable statutory value added tax.

(4) The Provider reserves the right to change the prices upon prior notice with a period of at least 30 days by email. Price changes apply from the next billing period after expiry of the notice period.

§ 5 Payment Terms

(1) Billing is carried out monthly in advance. The subscription is automatically renewed for a further month, unless it is terminated in due time (§ 6).

(2) Payment processing is handled by the payment service provider Stripe. The accepted payment methods are displayed at checkout.

(3) In the event of a failed payment collection, the User will be notified by email. If the payment cannot be successfully retried within 7 days, the Provider is entitled to temporarily suspend the account.

(4) Invoices are sent monthly by email to the billing address on file. Invoices are due within 14 days of the invoice date.

(5) Commercial users with a valid VAT ID within the EU may, by providing their VAT ID, receive invoices without German VAT (reverse charge).

§ 6 Term and Termination

(1) The contract is concluded for an indefinite period with a monthly billing cycle.

(2) The User may terminate their subscription at any time effective at the end of the current billing period. The termination takes place in the account settings under "Subscription" or by email to contact@ebai.ninja.

(3) Upon termination, access remains until the end of the paid period. No pro rata refund will be made for the remaining time.

(4) Plan upgrades take effect immediately. The price difference for the current month will be billed pro rata. Plan downgrades take effect at the start of the next billing period.

(5) The Provider is entitled to terminate the contractual relationship for good cause extraordinarily and without notice, in particular in the case of:

• Breach of these T&Cs or of eBay's terms of use
• Payment default of more than 30 days
• Misuse of the service
• Provision of false registration data

(6) After the end of the contract, the User's data will be deleted in accordance with the privacy policy within 30 days, unless statutory retention obligations apply.

§ 7 Rights of Use and Licenses

(1) The Provider grants the User a non-exclusive, non-transferable right to use the SaaS platform ebai.ninja for their own commercial purposes for the duration of the subscription.

(2) The User is prohibited from:

• Copying, decompiling, disassembling, or otherwise reverse engineering the software
• Making the service available to third parties for a fee or free of charge (resale / white label)
• Using the service for illegal purposes
• Carrying out automated access to the platform outside of the intended API interfaces

(3) All rights to the platform, the code, and the trademarks remain with the Provider.

§ 8 User's Obligations

(1) The User is obliged to comply with eBay's terms of use and all applicable statutory provisions, in particular with regard to:

• eBay API terms of use
• Competition law (German Act Against Unfair Competition (UWG))
• Tax obligations as a commercial seller
• Product safety and product liability provisions

(2) The User is responsible for all search queries configured via their account and for the actions resulting therefrom.

(3) The User shall indemnify the Provider against all third-party claims arising from any unlawful use of the service by the User.

§ 9 Data Protection and Use of Data

(1) The collection and processing of personal data takes place in accordance with our privacy policy, which forms part of these T&Cs.

(2) Data introduced into the service by the User (search terms, configurations) as well as analysis results generated by the service remain the property of the User. The Provider receives a right to process this data in order to provide the service.

(3) The Provider may use anonymized, aggregated, and non-personal usage data for the improvement of the service and for statistical evaluations.

(4) The Provider does not sell any personal user data to third parties.

§ 10 Availability and Maintenance

(1) The Provider aims for an availability of the service of 99% on monthly average (measured over the calendar month, excluding announced maintenance windows).

(2) Scheduled maintenance work will, as far as possible, be announced with at least 24 hours notice and carried out during low-maintenance times (typically between 02:00 and 06:00 CET/CEST).

(3) The availability of the service depends on third-party service providers (in particular eBay API, AWS, SerpAPI). Outages of these services do not give rise to any claim to credit or refund.

(4) There is no legal entitlement to a specific availability. A contractual SLA can be agreed upon separate request and against an additional charge.

§ 11 Limitation of Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body or health, as well as for damages caused by intent and gross negligence.

(2) In the case of slight negligence, the Provider is only liable for the breach of an essential contractual obligation (cardinal obligation), the fulfillment of which is what makes the proper performance of the contract possible in the first place and on whose observance the User may regularly rely. In this case, liability is limited to the foreseeable damage typical of the contract.

(3) The Provider's liability for slightly negligent breaches of duty is limited in amount to the 12 times the User's monthly fee, but at most to EUR 10,000 per damage event.

(4) The Provider is not liable for:

• Lost profits or arbitrage profits not realized
• Losses due to trading decisions made by the User on the basis of platform data
• Changes to the eBay API or eBay's terms of use
• Data losses caused by the User
• Interruptions of the service due to force majeure
• Inaccuracies of the AI analysis or price estimates

(5) The limitations of liability do not apply in the case of fraudulent concealment of defects, in the case of breach of guarantees, or under the German Product Liability Act.

§ 12 eBay Connection and Third-Party Service Providers

(1) The use of ebai.ninja requires compliance with the eBay terms of use . The User is solely responsible for ensuring that their use of the service is compatible with the eBay terms of use.

(2) eBay may change, restrict, or withdraw API access rights at any time. Such changes may impair the functionality of ebai.ninja. The Provider is not liable in such cases for restrictions of the scope of the service.

(3) The Provider is not a partner, contractor, or authorized representative of eBay or other named third-party service providers. ebai.ninja is an independent service.

§ 13 Changes to the T&Cs and to the Service

(1) The Provider reserves the right to amend these T&Cs with an announcement period of at least 30 days. The amended T&Cs will be communicated to the User by email and by means of a notice in the dashboard.

(2) If the User does not object to the amended T&Cs within 30 days of receipt of the notice of amendment, the amended T&Cs shall be deemed accepted. The Provider will draw separate attention to this right of objection and the legal consequence of silence in the notice of amendment.

(3) In the event of a justified objection, the Provider is entitled to terminate the contractual relationship effective as of the time the amended T&Cs take effect.

§ 14 Miscellaneous

Applicable law

The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is Siegburg, insofar as the User is a merchant, a legal person under public law, or a special fund under public law.

Severability clause

Should individual provisions of these T&Cs be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid arrangement shall be deemed agreed which comes closest to the economic purpose of the invalid provision.

Contract language

The contract language is German. In the case of translations, the German version is authoritative.

Contact

For questions about these T&Cs, please contact: contact@ebai.ninja