§ 1 · Scope and contracting party

(1) These terms of use apply to the use of the software of Klein Consulting & Invest Kft., Nyitra utca 3. Fsz. 1. ajtó, 1105 Budapest, Hungary, registered with the Fővárosi Törvényszék Cégbírósága under 01-09-404152, VAT ID HU32043455, represented by its managing director David Klein (“KCI”).

(2) Notices to KCI, such as termination, objection or a request to disconnect, must be sent in text form to mail@consulting-invest.com or to the address above. Questions about the Amazon connection: api@consulting-invest.com.

(3) The software is intended exclusively for businesses that sell commercially on Amazon marketplaces. No contracts are concluded with consumers. By registering, the customer confirms that it acts in the course of its trade or business.

(4) Deviating terms of the customer apply only if KCI agrees to them in text form.

§ 2 · Subject matter

(1) KCI provides software with which the customer can analyse and improve its Amazon advertising. The software reads advertising and product data from the Amazon accounts connected by the customer, to the extent the customer has granted the respective authorisation and Amazon provides the interface. It analyses this data, makes suggestions and applies changes approved by the customer in the customer’s advertising accounts.

(2) No unattended bidding. Nothing is changed in the customer’s Amazon accounts (advertising and seller accounts) that the customer has not approved beforehand. An approval whose execution does not begin within 24 hours expires; the suggestion must then be reviewed again.

(3) No guarantee of success. KCI owes the provision of the software, not a specific advertising result, revenue or ranking. Advertising costs and revenue depend on circumstances that neither KCI nor the customer controls, in particular competition, Amazon’s algorithms and the nature of the advertised products.

(4) Dependence on Amazon. The software uses Amazon interfaces. If Amazon changes, restricts or discontinues these interfaces, KCI may adapt or discontinue affected functions. There is no claim to an unchanged scope of functions. KCI informs the customer of material restrictions without delay.

(5) The customer bears all advertising spend directly vis-à-vis Amazon. KCI never becomes a party to the customer’s advertising contracts.

§ 3 · Commitments of KCI

(1) No commingling. A customer’s data is not combined with data of other customers and is not analysed for third-party purposes.

(2) No access for affiliated retailers. Retail businesses in which KCI or its managing director holds an interest or for which he works do not receive access to the customer’s data. Purchase prices provided are used exclusively to calculate the customer’s break-even point.

(3) Access by KCI. KCI accesses the customer’s data only to the extent necessary to operate the software, fix errors or support the customer.

(4) Log. Every change applied is logged immutably with time, trigger and the value before and after, and the customer can view it in the software.

§ 4 · Registration, trial period and conclusion of contract

(1) The contract is concluded when the customer completes the registration and has confirmed its e-mail address. The trial period begins with the registration.

(2) Trial period. The customer can generally use the software free of charge for 14 days with the functions available at the time; KCI may extend the trial period. The trial period ends automatically. No payment obligation arises unless the customer expressly agrees to a fee.

(3) After the trial period, further use is subject to a fee. The customer receives an offer before the trial ends. If the customer does not accept it, KCI may suspend its customer account; its data is retained until it terminates or deletes its customer account (§ 11).

(4) The customer is responsible for the accuracy of its details and keeps them up to date.

(5) The pilot phase is the period before general market launch in which selected businesses use the software free of charge at KCI’s invitation.

§ 5 · Fees and payment

(1) Use during the trial period and the pilot phase is free of charge. The customer owes a fee only if it expressly agrees to one with KCI under § 4 (3). Amount, due date and payment method follow from that agreement.

(2) All prices are net plus the applicable VAT. For customers with a valid VAT ID from another EU member state, invoicing follows the reverse-charge procedure.

(3) If the customer is in default of payment, KCI may suspend its customer account after prior notice in text form and a reasonable grace period. The customer’s data is retained during the suspension; § 11 remains unaffected.

§ 6 · Obligations and cooperation of the customer

(1) The customer grants the Amazon authorisation itself through the procedures provided by Amazon and only for accounts it is entitled to dispose of. It can disconnect at any time itself in the software. KCI then deletes the stored Amazon authorisation as soon as the running data subscriptions at Amazon have ended, usually within one hour, and the data retrieved from the account within 30 days at the latest. Upon request in text form, KCI disconnects without delay, at the latest on the following working day. If the customer revokes the authorisation at Amazon, KCI deletes the data retrieved from that account within 30 days at the latest.

(2) To calculate the break-even point, the customer provides the purchase prices of the products concerned. The customer is responsible for the accuracy of these details. If suggestions are based on incorrect details provided by the customer, KCI is not liable for the consequences.

(3) Fee and cost values that the software estimates from Amazon’s public tables are approximations. Amazon’s billing is always decisive. The customer checks the results for plausibility before approving.

(4) The customer keeps its login credentials secret and informs KCI without delay of any suspected unauthorised use.

(5) The customer does not use the software in a way that violates laws, Amazon’s terms or the rights of third parties.

§ 7 · Right of use

(1) For the term of the contract, KCI grants the customer a simple, non-transferable and non-sublicensable right to use the software to the agreed extent.

(2) The right of use applies to the customer’s own seller and advertising accounts. Use for third-party accounts, for example by agencies or account managers, requires a separate agreement.

(3) The customer does not pass on its login credentials, does not scrape the software and does not replicate it.

(4) KCI acquires no rights to the data the customer provides or that originates from its Amazon accounts beyond what is needed to perform the contract.

§ 8 · Availability and support

(1) KCI strives for high availability of the software. No specific availability is promised.

(2) KCI announces maintenance in advance where possible and schedules it at low-traffic times.

(3) A disruption of Amazon’s interfaces is not a defect of the software.

(4) Support. KCI accepts requests in text form at the address given in § 1 and handles them on working days. No fixed response time is promised.

§ 9 · Data protection

(1) To the extent KCI processes data from the Amazon accounts on behalf of the customer, the customer is the controller and KCI is the processor under data protection law. KCI is the controller for the data of the customer account (login data).

(2) KCI concludes a separate data processing agreement with the customer under Art. 28 GDPR and provides it before the first Amazon account is connected.

§ 10 · Liability

(1) KCI is liable without limitation for intent and gross negligence, for injury to life, body or health, under mandatory product liability law and under Art. 82 GDPR.

(2) In the case of simple negligence, KCI is liable only for the breach of essential contractual obligations, i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. Liability is then limited to the damage that was foreseeable and typical for the contract at the time it was concluded.

(3) As long as the customer uses the software free of charge (trial period, pilot phase), KCI is liable only under paragraph 1. For paid use, liability under paragraph 2 is limited in total to the fees the customer paid in the twelve months before the damaging event.

(4) Advertising spend is not damage within the meaning of this section. The customer decides on every change itself and determines the amount of its advertising spend vis-à-vis Amazon.

(5) Any further liability is excluded.

§ 11 · Term, termination and data portability

(1) The contract runs for an indefinite period and can be terminated by either party in text form with 14 days’ notice to the end of a month. The right to terminate for good cause remains unaffected.

(2) Data portability. Upon request in text form, KCI provides the customer with its data within 14 days, in particular product and cost data and the log of its changes, in a common machine-readable format. The request must be made no later than 14 days after the end of the contract.

(3) KCI deletes the customer’s data, including the stored Amazon authorisations, within 30 days after the end of the contract. This excludes the change log (§ 3 (4)) and the access log, which are kept as evidence in pseudonymised form without the customer’s name and e-mail address, as well as backups until they are overwritten as scheduled. Statutory retention obligations remain unaffected.

(4) The customer can delete its customer account in the software. The deletion takes effect after 30 days and can be cancelled until then. Customer accounts that are not confirmed or not connected to Amazon are deleted by KCI after prior reminder.

§ 12 · Changes to these terms

(1) KCI may change these terms with six weeks’ notice in text form, to the extent the change is caused by changes in law, changes at Amazon or further development of the software and does not unreasonably disadvantage the customer.

(2) If the customer does not object within six weeks, the changed terms are deemed accepted. KCI points out the deadline and its consequences in the notice. If the customer objects, either party may terminate as of the effective date.

§ 13 · Confidentiality

Both parties treat non-public information of the other party confidentially. This obligation continues after the end of the contract.

§ 14 · Final provisions

(1) Amendments and side agreements require text form.

(2) If a provision is invalid, the remainder of the contract remains valid.

(3) Hungarian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Budapest, to the extent permitted by law.

(4) The German version is authoritative. This English version is provided for information.