Sellforge Terms and conditions
Terms governing the use of the sellforge platform.
This is a translation for convenience — the deutsche Fassung is the legally binding one.
1. Scope & provider
These terms govern the use of the software-as-a-service platform sellforge.ai (the "platform") provided by SellForge (owner: Laurence Jeffrey Nelwek, Eiselmayrstraße 10, 4064 Oftering, Austria — "sellforge", "we"). They apply to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB). Deviating terms of the user do not become part of the contract unless we expressly agree to them in writing.
2. Subject of the service
sellforge provides a cloud-based e-commerce / shop platform that allows users to operate online stores (including product catalogue, order, inventory, invoice and customer management). The specific scope of functions depends on the selected package and the service description applicable at the time. We continuously develop the platform further; individual functions may be added, changed or replaced.
3. Registration & user account
Use of the platform requires registration with truthful information. Access credentials must be kept confidential and protected against access by third parties. The user is responsible for all activity carried out through their account.
4. Conclusion of contract, packages, prices & payment
The contract is concluded upon selection of a package and completion of the ordering process. The applicable prices and billing periods (e.g. monthly or annual) follow from the package overview shown at the time of ordering. Billing and payment are handled by our payment service provider Stripe. Unless stated otherwise, fees are due in advance for the respective billing period. The owner is a small business exempt from VAT under § 6 (1) no. 27 of the Austrian VAT Act; no VAT is shown.
5. User obligations
The user undertakes to use the platform only within the framework of applicable law. In particular, users are themselves responsible for ensuring that the content, products and processing offered through their store are lawful (including competition, copyright, consumer protection and data protection law) and that the legal texts required towards their end customers (legal notice, privacy policy, terms, right of withdrawal) are present and correct. Abusive or unlawful use, or use that endangers system security, is prohibited.
6. Availability & maintenance
We strive for high availability of the platform but do not owe any particular level of availability unless expressly warranted. Maintenance work, disruptions at third parties (e.g. hosting, payment service providers) or force majeure may lead to temporary restrictions. We announce planned maintenance where possible.
7. Term & termination
The contract runs for an indefinite period or for the selected billing period and may be terminated by either party at the end of the respective billing period, unless agreed otherwise in the package. The right to extraordinary termination for good cause remains unaffected. After the contract ends, the user may export their data for a reasonable period; the data is then deleted in accordance with the privacy policy.
8. Warranty & liability
We are liable without limitation in cases of intent and gross negligence, as well as for injury to life, body or health. In cases of slight negligence we are liable only for breach of material contractual obligations (cardinal obligations) and limited in amount to the damage typical for such a contract and foreseeable at its conclusion. Liability for lost profit, loss of data (insofar as the user could have avoided it through reasonable backups) or indirect damage is excluded to the extent permitted by law. Mandatory statutory liability provisions remain unaffected.
9. Data protection & processing on behalf
Information on the processing of personal data can be found in our privacy policy. Insofar as we process personal data of the user's end customers within the platform, we do so as a processor on the basis of a data processing agreement (DPA).
10. Changes to these terms
We may amend these terms with effect for the future, in particular in the event of changes to the legal situation, case law or the scope of services. We will inform users of material changes in good time in text form. If the user does not object within a reasonable period, the amended terms are deemed accepted; we will point out the right to object and its consequences separately.
11. Final provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Where the user is an entrepreneur, the registered seat of the provider is agreed as the place of jurisdiction to the extent permitted by law. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.