Last updated · 6 May 2026

Terms of Service

These Terms of Service (“Terms”, also Allgemeine Geschäftsbedingungen / AGB) govern use of SendOffer, a software-as-a-service offering operated by Daniel Kholodov, Bahnhofstraße 4a, 82152 Planegg, Germany (“Provider”, “we”). By creating an account or adding a payment method you accept these Terms.

01

Scope

(1) These Terms govern all contracts between the Provider and the Customer concerning the use of the SendOffer service.

(2) The service is offered exclusively to commercial users (Unternehmer within the meaning of §14 BGB). Consumers within the meaning of §13 BGB are excluded from use; a consumer right of withdrawal under §§312g, 355 BGB therefore does not exist.

(3) The version of these Terms in force at the time of contract conclusion shall apply. Conflicting or supplementary terms of the Customer shall not become part of the contract unless we expressly agree to their applicability in text form.

02

Subject matter

(1) SendOffer connects to your eBay seller account via OAuth and automatically sends discount offers to buyers who have added your listings to their watchlist. The exact behaviour is controlled by the rules you configure in the dashboard. We do not change your listings, your prices, or any other aspect of your eBay account beyond sending offers as instructed.

(2) We use eBay’s public APIs (Inventory, Browse, Negotiation, Identity). We have no commercial or corporate affiliation with eBay Inc. and are neither authorised nor endorsed by them.

03

Conclusion of contract

(1) The presentation of the service on our website is not a binding offer but a non-binding invitation to the Customer to make an offer.

(2) By registering an account and attaching a payment method the Customer makes a binding offer to enter into a contract. The contract is concluded once we activate the account.

04

Account and eligibility

(1) The service targets commercial or self-employed sellers (Unternehmer in the sense of §14 BGB) who operate eBay listings as part of a business activity. The Customer must be at least 18 years old and have full legal capacity.

(2) The Customer must own or be authorised to act on behalf of the connected eBay seller account. The Customer is required to keep sign-in credentials confidential and is liable for all activity carried out under their account.

05

Fees and payment terms

(1) The service has no monthly fee and no upfront cost. The Provider charges a usage-based fee of 5% (five percent) of the net sale price of each offer the service closes on the Customer’s behalf.

(2) An offer is considered “closed” once it is accepted by a buyer and the resulting order is not refunded or cancelled within a 31-day refund-protection window. Refunds processed during the 31-day window are subtracted from the net amount before the fee is calculated. The Provider waits for the window to close before invoicing.

(3) Fees are invoiced once per calendar month, on the 1st of the month following the close of the 31-day window, and charged via Stripe to the payment method on file. A separate invoice is issued per currency (EUR for DE/FR/IT/ES marketplaces; GBP for UK).

(4) The Customer may pause the service at any time by toggling the master switch off on the Rules page. The Provider stops sending new offers within the next worker cycle (up to one hour). Any offers already accepted continue to mature through the 31-day window and remain billable on the next monthly invoice. The Customer may end the contract entirely via the account-deletion control; outstanding fees are invoiced one final time before deletion completes.

(5) The Provider may change the fee percentage for future transactions with at least 30 days’ notice posted in the dashboard. Continued use after the new fee takes effect constitutes acceptance. If the Customer objects in text form before the new fee takes effect, the contract ends on the effective date of the new fee; until then the previous fee applies to all offers already accepted.

(6) On the basis of the Kleinunternehmer regime under §19 UStG, no VAT is currently shown. Should this status no longer apply, invoiced fees are subject to statutory VAT in addition.

(7) Payments are processed by Stripe Payments Europe, Ltd. We do not store full card details on our own systems.

06

Set-off and right of retention

The Customer may only set off claims that are undisputed or have been finally adjudicated. A right of retention may only be asserted to the extent that the counter-claim is based on the same contractual relationship.

07

Customer obligations

The Customer agrees not to use the service to violate eBay’s policies or applicable law, to send offers in a way that could be considered harassment of buyers, to access another user’s account or data, to subject the service to reverse engineering or automated scraping, or to overload our infrastructure. In the event of breach we may suspend the account or terminate the contract for cause.

08

Service availability

We aim to keep the service running continuously but do not owe uninterrupted availability. The service depends on third-party APIs (eBay, Stripe, Google Cloud) which may experience downtime outside our control. Where feasible we announce planned maintenance with reasonable advance notice. The Customer has no claim to a particular level of availability.

09

Data & privacy

Our handling of personal data is described in our privacy policy. When you delete your account the stored data (eBay connection, listings, rules, offer history, subscription record) is cascade-deleted without further request, in line with Art. 17 GDPR.

10

Liability

(1) The Provider is liable without limitation for damages arising from injury to life, body or health based on a negligent or intentional breach of duty by the Provider or its legal representatives or vicarious agents, and for other damages resulting from intentional or grossly negligent breach of duty. Liability under the German Product Liability Act (Produkthaftungsgesetz), for fraudulently concealed defects, and within the scope of any guarantee given remains unaffected.

(2) For damages caused by simple negligence, liability is limited to the breach of essential contractual obligations (cardinal duties); in such cases liability is capped at the foreseeable damage typical for this type of contract. Cardinal duties are those whose performance enables the proper execution of the contract in the first place and on whose observance the Customer may regularly rely.

(3) Liability under paragraph (2) is capped at the fees actually paid by the Customer in the twelve months preceding the event giving rise to the damage.

(4) Any liability of the Provider going beyond the foregoing is excluded.

(5) The foregoing limitations of liability apply equally to the benefit of the Provider’s legal representatives and vicarious agents.

11

Term and termination

(1) The Customer may pause the service at any time by toggling the master switch off on the Rules page (worker stops sending new offers within one cycle). Pausing does not end the contract; existing offers continue to mature and bill.

(2) The Customer may end the contract entirely via the account-deletion control in the dashboard. Outstanding fees are invoiced one final time; once that invoice settles, the account and all associated data are wiped per the privacy policy.

(3) The Provider is entitled to terminate the contract for material breach of these Terms, for non-payment of an invoice, or with 30 days’ notice for any other reason. The right to terminate for cause remains unaffected.

(4) Upon termination taking effect we cease sending offers. There are no advance fees to refund because the service has no monthly fee; all fees are usage-based and invoiced after the fact.

12

Changes to these Terms

We may update these Terms to reflect product changes or legal requirements. Material changes will be posted in the dashboard at least 30 days before they take effect. Continued use of the service after the effective date constitutes acceptance. If the Customer objects within the foregoing period, the Customer is entitled to terminate with effect to the date the changes take effect.

13

Final provisions

(1) These Terms are governed by the law of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Where the Customer is a merchant (Kaufmann), a legal entity under public law, or a special public-law fund, exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is München. Place of performance is likewise München. We are however entitled to bring proceedings against the Customer at their general place of jurisdiction.

(3) Should individual provisions of these Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by the valid provision that most closely approximates the economic purpose of the invalid or unenforceable one. The same shall apply in the event of a regulatory gap.