General Terms and Conditions

This English translation is provided for convenience only. The German version of this document is legally binding.

1. Provider

OnFinds is a software-as-a-service offering of

SALEPIX GmbH
Sandstraße 104
40789 Monheim
Germany

2. Scope of Application

(1) These General Terms and Conditions (AGB) apply to all contracts concerning the use of the cloud-based SaaS service OnFinds between SALEPIX GmbH (hereinafter the "Provider") and its customers (hereinafter the "Customer").

(2) The offering is directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Contracts with consumers are excluded.

(3) Deviating or supplementary terms and conditions of the Customer shall not apply unless the Provider expressly agrees to their validity in writing.

3. Subject Matter of the Contract

(1) OnFinds is a cloud-based search and analytics platform for improving product search, filtering, and the evaluation of search queries in online shops and e-commerce systems.

(2) The Provider makes the software available to the Customer for use via the internet. The source code is not provided.

(3) The specific scope of functionality is determined by the plan booked, as described on the Provider's website.

4. Conclusion of the Contract

(1) The contract is concluded upon the Customer's online registration and the subsequent activation of the account by the Provider.

(2) By completing the registration, the Customer declares that they have read and accepted these Terms and Conditions.

5. Services of the Provider

(1) The Provider makes OnFinds available within the scope of its technical and operational capabilities with an average annual availability of 99 %.

(2) Maintenance work, updates, and further development may temporarily result in limitations. The Provider endeavors to carry these out outside of normal business hours.

(3) There is no entitlement to specific further developments or customizations.

6. Obligations of the Customer

(1) The Customer is obligated to keep access credentials confidential and to protect them from access by third parties.

(2) The Customer is responsible for ensuring that the content, data, and search indexes they provide do not infringe the rights of third parties and do not violate applicable law.

(3) The Customer may not misuse OnFinds, in particular not for the distribution of unlawful content or for overloading the systems.

7. Rights of Use

(1) The Provider grants the Customer, for the duration of the contract, a simple, non-transferable, non-sublicensable right to use OnFinds.

(2) Transferring, renting, reproducing, or modifying the software is not permitted, except where mandated by mandatory statutory law.

8. Remuneration and Payment Terms

(1) The use of OnFinds is subject to a fee, unless a free trial period has been agreed.

(2) Billing takes place in accordance with the selected plan, monthly or annually in advance.

(3) All prices are exclusive of the applicable statutory value-added tax.

(4) In the event of default of payment, the Provider is entitled to temporarily suspend access.

9. Term and Termination

(1) The contract term is determined by the selected plan.

(2) Monthly contracts may be terminated with 14 days' notice to the end of the term.

(3) The right to extraordinary termination for good cause remains unaffected.

9a. Suspension of the Contract (Pause)

9a.1 Requirements. The Customer may pause an active contract with a monthly billing period via the customer portal. Contracts with annual or other billing periods are excluded from pausing. The pause takes effect at the end of the billing period already paid for.

9a.2 Suspension of Services. During the pause, the mutual primary obligations are suspended. The Provider fully deactivates the search function and all related services. The Customer owes no fees for the duration of the pause.

9a.3 Maximum Duration. The pause is limited to a maximum of three months. The Customer may reactivate the contract in the customer portal at any time before this period expires.

9a.4 Automatic Termination. If the Customer does not reactivate the contract within three months after the pause takes effect, the contract terminates automatically upon expiry of this period. No separate notice of termination is required.

9a.5 Reminders. Before automatic termination, the Provider will remind the Customer three times by email of the upcoming termination and the option to reactivate. The emails are sent to the email address stored in the customer account. The Customer is obliged to keep this address up to date.

9a.6 Forfeiture of Special Conditions. Upon termination pursuant to Section 9a.4, all customer-specific discounts, special prices, and individual conditions lapse irrevocably. Any later new contract is subject to the then-current list prices. There is no entitlement to reinstatement of previous conditions.

9a.7 Deletion of Processed Data. Upon termination pursuant to Section 9a.4, the Provider irrevocably deletes all data generated and processed on the platform for the Customer. This includes in particular: AI-generated product tags, automatically generated synonyms, search statistics, and historical analytics. Raw data provided by the Customer (product data from the Customer's shop system) remains with the Customer and is not affected by the deletion. Statutory retention obligations of the Provider, in particular for invoices and accounting records, remain unaffected.

9a.8 No Restoration Obligation. After deletion pursuant to Section 9a.7, the Provider is not obliged to restore or regenerate deleted data. If the Customer later concludes a new contract, the build-up of processed data starts anew.

9a.9 Reactivation. If the Customer reactivates the contract within the period set out in Section 9a.3, a new billing period begins upon reactivation. The first charge is made on the day of reactivation. Existing conditions and processed data are retained upon timely reactivation.

9a.10 Express Confirmation. Pausing requires that the Customer acknowledges and expressly confirms the consequences set out in Sections 9a.2 to 9a.8 in the customer portal.

10. Liability

(1) The Provider shall be liable without limitation in cases of intent and gross negligence.

(2) In cases of simple negligence, the Provider shall only be liable for the breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract.

(3) Liability for lost profits, loss of data, or indirect damages is excluded to the extent permitted by law.

11. Data Protection

(1) The Provider processes personal data in accordance with applicable data protection laws, in particular the GDPR.

(2) Details on data processing are set out in the privacy policy on the Provider's website.

(3) Where required, a data processing agreement (DPA/AVV) pursuant to Art. 28 GDPR will be concluded.

12. Changes to these Terms and Conditions

(1) The Provider reserves the right to amend these Terms and Conditions where required for legal or technical reasons.

(2) Changes will be communicated to the Customer by email at least 30 days before they take effect.

13. Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction for all disputes is – where permissible – the registered office of the Provider.

(3) Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.