Terms and Conditions

Translation of the German version. Only the German version is legally binding. As of: 6th March 2019.

  1. Preamble
    1. AMVISOR is an online-based research and analysis software for the analysis of European E-Commerce activities. By using this software, the user obtains reports, analyses and, depending on the selected tariff, recommendations on actions for their products on the online market. AMVISOR is a product of the AMVisor GmbH.
    2. The General Terms and Conditions manage the contractual relation between the user and AMVisor GmbH and apply to all our contracts on software usage. They apply exclusively for operations with contractors according to § 310 Article 1 BGB (German Civil Code).
  2. Services of AMVisor
    1. AMVisor offers the users an online-based research and analysis software for the interpretation and analysis of European E-Commerce activities. Access to the software is granted by a web-interface. Each user receives his individual login credentials.
    2. After the conclusion of the contract, AMVisor grants the user access to the software for the contract period. A pre-condition for accessing the software is having Internet at the user-side.
    3. Via the web-surface, the user has access to all analyses, reports and recommendations on actions (depending on the selected tariff) for his articles. The user himself enters the products to be analyzed. According to prior agreement the products can also be entered by AMVisor. The maximum number of products and the platforms / online-shops to be monitored are individually defined when placing the order.
    4. When recommendations on actions are provided, they are issued to the best knowledge and belief. Solely the user is responsible for the implementation and possible consequences thereof. It is the aim of AMVisor to update all relevant data once a day. Conditioned by technology, neither the completeness nor the correctness or topicality of the data can be guaranteed.
  3. Non-Disclosure
    1. AMVisor undertakes to keep all received data and information of the customer secret and neither to use them for own purposes nor to divulge them to third parties. To this effect, transport service providers, hosts and providers of infrastructure are no third parties.
    2. This does not apply to information that are publicly available without the violation of confidentiality obligation.
    3. AMVisor is permitted to pass confidential information on to connected companies as defined by §15 Aktiengesetz (i.e. Companies Law) as long as it is required in the context of the business relationship.
  4. Duties of the Customer
    1. The customer supplies AMVisor with all necessary information. This includes in particular the article data including ASIN and EAN as well as all data from the customer-specific Amazon Vendor Portal which are necessary for the analyses.
    2. Solely the customer is responsible for the realization of the recommendations on actions.
    3. The analyses and reports are allowed to be used by the customer for own purposes only. Any changes, the sale or the passing on to third parties is prohibited.
    4. The customer ensures that using AMVisor does not offend against existing contracts with Amazon or other platform operators whose data are used.
  5. Term of Contract, End of Contract
    1. The contract period is 24 months. The contract shall be extended successively for a period of 12 months unless it has been terminated with a notice period of three months to the end of the respective contract period. The termination must be in written form.
  6. Costs, Billing Conditions and Terms of Payment
    1. The prices are presented in the valid price list or in the individual offer.
    2. The settlement is monthly by invoice. If the ordering party is in arrears with payment of more than two months, the contractor is then authorized to withdraw the access to the software.
  7. Warranty and Liability
    1. AMVisor is fully liable for deliberate intention and gross negligence.
    2. AMVisor is liable for simple negligence - except for cases of injuries to life, body or health - only as far as there is a breach of fundamental contractual obligations (cardinal obligations). Liability is limited to contract specific and foreseeable damages that, however, may not exceed an amount of 10,000.00 €.
    3. AMVisor shall not be liable for indirect and unpredictable damages, loss of production and downtime, lost profits, missed savings and financial losses due to third party claims is in the case of simple negligence unless there are injuries to life, boy or health.
    4. Any liability going beyond this contract shall be excluded irrespective of the legal nature of the claim made. The foregoing limitations and exclusions of liability shall, however, not apply for liability without fault made compulsory by law (e.g. in accordance with Product Liability Act) or liability as a result of a guaranty regardless of negligence or fault.
    5. Insofar as liability is excluded or limited according to clause 7.2 and 7.3, this applies likewise for the personal liability of employees, staff, representatives, organs and executive bodies of AMVisor.
    6. Due to the technical properties of the service of AMVisor, no guarantee can be given that the software is free of errors as well as available and accessible at any time.
  8. Miscellaneous
    1. These General Terms and Conditions as well as the whole legal relationship of the parties are subject to the law of the Federal Republic of Germany with the exclusion of UN purchasing law (CISG).
    2. Place of performance and exclusive place of jurisdiction for all disputes arising from this contract is the registered office of AMVisor GmbH.
    3. If any contract condition is entirely or partially invalid, the validity of the rest of the contract remains unaffected. The invalid condition will be replaced by a valid condition, which shall appropriately substitute the commercial sense and purpose of the prior condition.