This English version is provided for convenience only. The German version is legally binding.

1. Scope

These General Terms and Conditions apply to all contracts between Freshworx GmbH & Co. KG, Danziger Str. 25, 85276 Pfaffenhofen a. d. Ilm, Germany (hereinafter “Provider”) and its customers regarding the use of etope Lister and related services. Deviating terms of the customer only apply if the Provider expressly agrees to them in writing.

2. Subject matter of the contract

etope Lister is a software-based online service that supports the creation, management and publication of listings on online marketplaces, currently in particular eBay. The Provider makes the software available as a web-based service and, where applicable, via additional desktop or mobile applications. There is only a claim to a specific range of functions, specific interfaces or permanent availability if this has been expressly agreed.

3. Conclusion of the contract

The contract is concluded upon the customer’s successful registration and the activation of the customer account by the Provider.
Paid services are booked bindingly upon completion of the ordering process.
The Provider is entitled to reject registrations or orders without giving reasons.
There is no entitlement to the conclusion of a contract.

4. Freeware

The Provider may offer a free version. The freeware is currently limited to a maximum of 10 items per calendar month.
The Provider is entitled to change the functions, usage limits or availability of the freeware at any time or to discontinue the freeware altogether.
There is no entitlement to permanent free use. Freeware accounts may be deleted after a longer period of inactivity.

5. Term, renewal and termination

Paid contracts are concluded for a term of either one month or twelve months.
Unless terminated in due time, the contract is automatically renewed for the originally agreed term.
Termination is possible up to one day before the end of the respective billing period.
The right to extraordinary termination for good cause remains unaffected.
After the end of the contract, the Provider is entitled to deactivate access.
The customer is obliged to back up any data required in good time before the end of the contract.
Statutory retention obligations remain unaffected.

6. Prices and payment

All prices include statutory VAT if the customer is a consumer. For entrepreneurs, prices are exclusive of statutory VAT unless stated otherwise. Payment is made in advance for the respective contract term. If the customer defaults on payments or a payment is charged back, the Provider is entitled to block access temporarily or permanently.
There is no entitlement to use the service while payments are in arrears.

7. Changes to prices and plans

The Provider is entitled to adjust prices, scope of services, plans or licence models for future contract periods.
The customer will be notified of changes in good time before they take effect.
The customer may terminate the contract until the changes take effect.
There is no entitlement to the permanent continuation of a particular plan, price or licence model.
The Provider is entitled to discontinue existing plans, to switch customers to successor models or to end contractual relationships at the end of the respective term.

8. Rights of use

The customer receives a simple, non-transferable and revocable right of use for the duration of the contract.
Licences are personal. Passing on access data or use by unlicensed third parties is not permitted.
The customer is obliged to protect their access data against access by third parties.
Connection limits, technical usage limits and licence restrictions must be observed.
There is no entitlement to the use of particular server locations or technical platforms.

9. Prohibited use

The following are prohibited in particular:

* resale or sublicensing
* reverse engineering, decompilation or manipulation
* automated access outside the intended interfaces
* scraping, use of bots or circumvention of technical restrictions
* abusive, unlawful or immoral use

In the event of violations, the Provider may block access or terminate the contract for good cause.

10. Third-party providers and platforms

etope Lister uses interfaces and services of third parties, in particular eBay and other third-party providers.
The Provider accepts no liability for restrictions, changes, outages or suspensions, nor for the continued support of particular third-party providers.
In particular, the Provider is not liable for:

* API changes
* account suspensions
* rejected listings
* changes to fees
* changes to functions at eBay

11. Product development

The Provider is entitled to further develop the software at any time, to adapt it technically or to add, change or discontinue functions, provided that the purpose of the contract is not significantly impaired.
The customer has no entitlement to particular functions remaining part of their plan permanently.

12. Availability

The Provider strives for availability that is as uninterrupted as possible.
There is no entitlement to permanent or error-free availability.
Maintenance, updates, technical faults, force majeure or failures of external systems may cause interruptions.
Maintenance work may also be carried out without prior notice.

13. Liability

The Provider is liable without limitation for intent, gross negligence, fraudulent concealment of defects and for damage resulting from injury to life, body or health. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract.
Otherwise, liability is excluded.

14. Data and data protection

The customer remains the owner of their content and data. The Provider may store, process and technically reproduce data to the extent necessary to perform the contract. Further provisions can be found in the privacy policy. The Provider is entitled to evaluate data in anonymised or pseudonymised form for error analysis and to improve the software.

15. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Pfaffenhofen an der Ilm.
Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
Amendments or additions to these terms and conditions must be made in text form.

Last updated: 5 July 2026