Terms of Service

1. Scope and eligible customers

1.1 These Terms apply to all contracts between us and our customers for the use of the MarketSolve products Support, Mail, Reviews and Rechnungen (Invoices).

1.2 Our services are offered exclusively to businesses (Unternehmer within the meaning of Section 14 of the German Civil Code), legal entities under public law and special funds under public law. We do not enter into contracts with consumers. By signing up, the customer confirms that it is acting as a business.

1.3 Any deviating or additional terms of the customer do not become part of the contract, even if we do not expressly object to them.

2. Services

2.1 MarketSolve provides web-based software for Shopify merchants as software-as-a-service. The scope of services is defined by the product description and pricing page applicable at the time of booking:

• Support: helpdesk with AI reply drafts and a website chatbot.
• Mail: email marketing with newsletters, automated flows and segments.
• Reviews: review requests, photo reviews and review widgets in the shop.
• Rechnungen (Invoices): automatic upload of customs invoices for non-EU orders to MarketPrint. This product is available to MarketPrint customers only.

3. Conclusion of contract and account

3.1 The contract is concluded when the customer creates an account at konto.marketsolve.io and accepts these Terms.

3.2 The customer must provide truthful information and keep it up to date, and must keep its login credentials confidential. The customer is responsible for all activities carried out through its account.

4. Free trial

4.1 Each product can be tested free of charge for 14 days. No payment method is required for the trial.

4.2 The trial ends automatically after 14 days and does not convert into a paid subscription. A paid subscription is only created if the customer adds a payment method and books a plan.

5. Subscriptions, prices and payment

5.1 Each product is booked as a separate subscription. The prices shown on the pricing page at the time of booking apply, plus statutory VAT.

5.2 The base fee is charged monthly in advance. Usage-based components are billed monthly in arrears, in particular support tickets above the volume included in the plan, chatbot resolutions and AI usage.

5.3 Payment is processed by our payment provider Stripe using the payment methods offered there. Invoices are provided electronically.

5.4 If the customer is in default of payment, we may suspend access after prior notice until outstanding amounts are paid.

6. Term and cancellation

6.1 Subscriptions run for one month and renew automatically for a further month unless cancelled.

6.2 The customer can cancel any subscription at any time in its account, effective at the end of the current billing period. Amounts already paid are not refunded pro rata.

6.3 The right to terminate for good cause remains unaffected. Good cause for us exists in particular if the customer repeatedly or seriously breaches section 8.

7. Availability

7.1 We strive to keep the services available as much as possible. No specific availability or service level is agreed.

7.2 The service may be temporarily limited for maintenance and updates. We schedule planned maintenance during low-usage periods where possible and announce foreseeably longer interruptions in advance.

7.3 We are not responsible for disruptions caused by third-party services beyond our control (for example Shopify or email recipients).

8. Customer obligations

• The customer connects its own Shopify store and is responsible for the required permissions and credentials.
• The customer is responsible for the lawfulness of emails sent through MarketSolve. Marketing emails may only be sent to recipients who have given valid consent (usually via double opt-in) or where a statutory exception applies.
• Every email sent must contain the customer's full legal notice (imprint) and, for marketing emails, a working unsubscribe option.
• Sending spam, misleading content or using purchased or rented address lists is prohibited.
• The customer is responsible for all content it creates, publishes or sends through MarketSolve, including reviews displayed in its shop, and ensures that such content does not infringe third-party rights or applicable law.
• The customer indemnifies us against third-party claims arising from a culpable breach of these obligations, including reasonable legal defence costs.

9. Protecting deliverability

To protect deliverability for all customers, we may temporarily pause a customer's email sending if its bounce or complaint rate is unusually high or there is a reasonable suspicion of spam or unlawful content. We will inform the customer without delay and resume sending once the cause has been resolved.

10. AI features

10.1 Some features use artificial intelligence, for example reply drafts in Support. AI output may be inaccurate, incomplete or inappropriate.

10.2 AI drafts are suggestions and must be reviewed by a human before use. Emails are never sent automatically by the AI; they are only sent after the customer approves them. The customer remains responsible for the content it sends.

11. Data protection and processing

Where we process personal data on the customer's behalf, in particular data of its end customers, the Data Processing Agreement (DPA) applies, which is concluded electronically upon acceptance of these Terms. Otherwise, our Privacy Policy applies.

12. Liability

12.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee given.

12.2 In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), our liability is limited to the typical damage foreseeable at the time the contract was concluded. Cardinal obligations are those whose fulfilment is essential to the proper performance of the contract and on whose observance the customer may regularly rely.

12.3 Otherwise, liability for slight negligence is excluded.

12.4 For loss of data, we are liable only to the extent that the loss would have occurred even if the customer had backed up its data properly, for example through regular exports.

12.5 These limitations also apply in favour of our legal representatives, employees and vicarious agents.

13. Data export and deletion after termination

After a subscription ends, the customer can export its data for that product via its account for 30 days. We then delete the data unless statutory retention obligations apply.

14. Changes to these Terms

We may amend these Terms with effect for the future where there is a valid reason, such as changes in the law, new features or changes in service providers. We will notify the customer by email at least six weeks before the changes take effect. If the customer does not object within that period, the changes are deemed accepted. We will expressly point out this consequence and the right to object and terminate in our notice. If the customer objects, either party may terminate the contract effective as of the date the changes take effect.

15. Final provisions

15.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

15.2 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Memmingen, Germany, provided the customer is a merchant, a legal entity under public law or a special fund under public law.

15.3 Should any provision of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.