General Terms and Conditions (GTC)
As of: August 16, 20261. Scope
These General Terms and Conditions (hereinafter "GTC") apply to all contracts for the use of the Software-as-a-Service (SaaS) application "Scrapy Coco", between
Luca Miele ("Scrapy Coco")
c/o flexdienst – #12159
Kurt-Schumacher-Straße 76
67663 Kaiserslautern
Deutschland
(hereinafter "Provider")
and the customer (hereinafter "Customer").
The offer is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. at natural or legal persons or partnerships with legal capacity who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity. The offer is not aimed at consumers (§ 13 BGB). By registering, the customer confirms that he is acting as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
2. Subject matter of the performance
The provider makes available to the customer a web-based software, with which the ranking of products on Amazon (SERP tracking) can be monitored.
Important note on data availability: The software analyzes publicly available data on Amazon. The provider has no influence on the technical design of the Amazon platform. Should Amazon make technical changes that make reading the data more difficult or prevent it (e.g. captchas, layout changes), the provider does not owe a successful data collection, but strives for timely restoration of functionality.
A guarantee for permanent, uninterrupted availability of the services cannot be technically given. The average annual availability is 98%.
3. Conclusion of Contract & Registration
The use of the service requires registration. Upon completion of the ordering process (click on "Order for a fee" or comparable buttons), the customer makes a binding offer.
During the ordering process, the customer expressly confirms that he is concluding the contract as an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB).
The contract is only concluded upon activation of the account or confirmation by email.
4. Prices and payment terms
The prices stated on the website at the time of the order apply. The stated prices are final prices. Due to the small business status according to § 19 UStG, the seller does not collect sales tax and therefore also does not show it.
Payment is made via the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands. The usage fee is due in advance for the selected billing period (monthly or annually).
5. Term and Cancellation
Subscriptions extend automatically by the selected period (e.g. 1 month), unless they are cancelled before the end of the current period.
Cancellation is possible at any time via the account settings in the web app ("Settings" -> "Subscription & Billing") and will take effect at the end of the current term.
6. No right of withdrawal
The offer is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). There is therefore no statutory right of withdrawal, as consumers are entitled to in accordance with Sections 355 ff. of the German Civil Code (BGB).
7. Liability
The provider is liable without limitation in the event of intent and gross negligence. In the event of slight negligence, the provider is only liable for violation of essential contractual obligations (cardinal obligations), but limited to the foreseeable, contract-typical damage.
The provider is only liable for the loss of data if the customer has ensured by regular backups that these data can be reconstructed with reasonable effort.
8. Restrictions on Use & Non-Competition
1. The use of Scrapy Coco by companies that are in direct competition with the provider or act on behalf of such, as well as the systematic collection of data for the purpose of competitor analysis, reverse engineering or the development of competing products is prohibited.
2. The reports and data output generated by the software are intended exclusively for the customer's own use. Passing it on to third parties for the purpose of setting up competing services is prohibited.
3. In the event of a violation or reasonable suspicion of misuse by competitors, the provider reserves the right to block access without notice and to initiate legal action under the UWG (Law against Unfair Competition).
9. Final provisions
The law of the Federal Republic of Germany applies.
The place of jurisdiction is, as far as legally permissible, the seat of the provider.