Terms and Conditions for Keepa.com – Version of August 27, 2026
1. Scope and Structure
(1) These Terms and Conditions (hereinafter, "T&C") govern the rights and obligations pertaining to the use of the paid services offered on the Keepa.com website, owned by Keepa GmbH, Berndorfer Str. 10, 95478 Kemnath (hereinafter: "Service Provider"), and the user.
(2) Sections 1 to 16 and Section 19 apply to every paid service. Section 17 applies additionally and exclusively to Keepa Pro, and Section 18 applies additionally and exclusively to the Keepa API. Where Section 17 or Section 18 conflicts with Sections 1 to 16, that Section prevails for the service it governs.
(3) A user who holds more than one service concludes a separate contract for each; these T&C apply to each of them.
(4) Where a change to these T&C affects only Section 17 or only Section 18, only the users of that service will be notified under Section 16.
(5) Only the Service Provider's T&C shall apply. Any user terms and conditions that conflict with or deviate from these T&C shall not be recognized by the Service Provider unless their validity has been expressly approved in writing or in text form. These T&C shall remain valid even if the Service Provider, while being aware of the user's conflicting or deviating terms and conditions, unconditionally provides its services to the user.
(6) The term "Service Provider's Website" refers to the webpage(s) of the Service Provider where the services can be accessed on the Internet.
2. The Services
(1) The Service Provider supplies price history data and product data in digital form (digital content). The subject matter of the paid services is the supply of this digital content in the scope booked; what each service comprises is set out in Sections 17 and 18 and in the price and service information displayed before the order is submitted. The Service Provider's Website and the tools provided on it serve the selection, display and use of the content.
(2) The Service Provider may limit or restrict the amount of data or the time period during which the user can access and view the data where this is necessary to protect the functionality, integrity or availability of the services, or to prevent abuse, taking the user's justified interests into account.
(3) The data is derived from publicly accessible third-party sources and is reproduced as collected. The Service Provider does not verify it and does not owe any particular degree of accuracy, completeness or currency beyond faithful reproduction of what was collected. Users should perform a plausibility check on the data. The mandatory statutory rights of consumers in respect of digital products (Sections 327 et seq. BGB) remain unaffected.
3. Formation of a Contract
(1) Registration creates a free user account. A paid contract is concluded when the user submits an order for a service via the Service Provider's Website and the Service Provider confirms it in text form or first provides access to the service, whichever is earlier.
(2) During the order process and before finalizing the contract, the user has the opportunity to print out the contract text. The data entered will be displayed to the user before the process is completed, allowing them to make any necessary corrections.
(3) The user has no entitlement to the formation of a contract. The Service Provider reserves the right to reject any offer from a user to form a contract without providing reasons.
(4) Availability of a service to consumers and to businesses is set out in Sections 17 and 18. Where registration is made for a business, it must be done by a natural person who has an unrestricted ability to conduct business dealings and holds powers of representation.
4. Registration Data and Responsibility for Access
(1) The user must keep their registration data (username, password, access keys, etc.) confidential and not disclose it to unauthorized third parties. Users are responsible for maintaining the security of their account information and for ensuring that access to the services is restricted. Creating an account through third parties or automated systems is prohibited.
(2) Users must ensure that access to and use of the services with their data is carried out exclusively by themselves and/or authorized users. If there is any indication that unauthorized third parties have obtained or may obtain access to a user's data, the Service Provider must be notified immediately.
(3) Each service purchased is intended for use by the contracting party alone and is non-transferable. The scope of permitted use, including the number of persons who may use a service and whether it may be used by affiliates, is set out in Sections 17 and 18. The user may not assign the contract or any rights under it to a third party without the Service Provider's prior consent in text form.
(4) Users are liable, in accordance with applicable laws, for any use and any other activity conducted using their access data. Liability for unauthorized access is governed by Section 13.
(5) It is the user's responsibility to ensure that their username does not infringe on third-party rights, particularly naming or trademark rights.
5. Prices and Payment
(1) The Service Provider offers its services in various fee-based variants (pricing models). The agreed-upon prices can be found in the respective valid price and service information, which is displayed to the user before the order is submitted. Whether prices are stated inclusive or exclusive of value added tax is set out in Sections 17 and 18.
(2) Prices are stated in Euro. Payment shall be made via any means accepted by the Service Provider's payment providers. The user will receive an invoice for every payment transaction, accessible through their login area; the Service Provider will additionally make invoices available in text form on request.
(3) The claim for payment becomes due immediately after the invoice is issued. The respective invoiced amount will be charged to the account designated by the user.
(4) The user must ensure that the designated account has sufficient funds at the time of invoicing. If the account lacks the required coverage, the user must reimburse the Service Provider for the costs actually incurred as a result. The user is entitled to prove that no costs or lower costs were incurred.
(5) If payment is not made in full promptly or is reversed, the user will be in default in accordance with the statutory provisions. Where the user is a consumer, Section 286 (3) BGB applies. In case of default the Service Provider may block access, subject to the user's justified interests, until the invoice is paid in full.
(6) The user is asked to contact the Service Provider (info@keepa.com) before initiating a payment dispute so that billing errors can be corrected directly. If the user initiates a chargeback, payment reversal, or other payment dispute with their card issuer or payment service provider in relation to a payment owed under these T&C, the Service Provider may suspend the affected service and block access for the duration of the dispute. If the dispute is resolved in favour of the Service Provider, the Service Provider may terminate the affected service for cause where the dispute was initiated in bad faith or without justification, and may make any reinstatement of access contingent upon payment of the disputed amount and reimbursement of the chargeback fees actually incurred; the user is entitled to prove that no costs or lower costs were incurred. If the dispute is resolved in favour of the user and concerned the charge that paid for the current billing period, the affected service ends with effect from the reversal of the payment; the Service Provider's claim to remuneration for services actually made available up to that point remains unaffected. The user's mandatory statutory rights remain unaffected.
6. Billing, Term and Cancellation
(1) Billing Cycle. Fees and other charges, such as taxes and transaction fees, will be billed monthly or yearly to the user's payment method on the calendar day corresponding to the start of their paid subscription, according to the billing cycle selected at the time of purchase. The payment date may change in certain cases, such as if the user's payment method fails to settle or if the paid subscription began on a day not contained in a given month or year. The next payment date can be viewed by visiting the account settings page.
(2) Term and Continuation. The contract is concluded for an indefinite period; there is no minimum term. Unless cancelled in accordance with paragraph 3, the subscription continues beyond each billing period, and the fee for each further billing period is charged at its start.
(3) Cancellation. The user may cancel their subscription at any time and will maintain access through the end of the billing period already paid for. To cancel, the user may use the cancellation function on their account settings page, which takes effect immediately upon submission, or declare the cancellation in text form (e.g. email), which takes effect on receipt by the Service Provider. A cancellation declared in text form and received less than 72 hours before the start of the next billing period does not prevent that billing period from beginning; in that case the subscription ends at the end of that billing period. The next payment date is shown on the account settings page (paragraph 1).
(4) The fee for a billing period already begun is not refunded on a pro-rata basis, and no credit is given for an unused part of it. Statutory rights, in particular rights of withdrawal and statutory rights in respect of defects, remain unaffected, as do the refund provisions in Sections 7 (3), 11 (2), 12 (2) and 15.
(5) Cancelling a subscription and deleting the user account are separate acts. Deleting the account does not entitle the user to a refund of a billing period already paid for; the user is asked to cancel the subscription first and to delete the account thereafter. Statutory rights, in particular the right to erasure, remain unaffected.
7. Changes to Prices and Services
(1) The Service Provider may adjust prices with effect for existing contracts to the extent that the Service Provider's overall costs of providing the services (in particular costs of data acquisition, infrastructure and hosting, payment processing, third-party licenses, and personnel) change; price increases are limited to the extent of the actual increase in overall costs, and decreases in overall costs will be passed on according to the same standard. Price adjustments will be announced in text form at least six weeks before they take effect and apply no earlier than the beginning of the following billing cycle. If the user does not wish to continue under the changed conditions, the user may cancel with effect from the date on which the change takes effect; the Service Provider will point out this right of cancellation in the announcement.
(2) The Service Provider may modify, add to or discontinue individual functions of a service where this is necessary for technical or security reasons, because of a change in the data available from third-party sources, or because of a change in the legal position, provided the contractually owed scope of the service is not materially reduced. Such changes will be announced in text form with reasonable advance notice.
(3) Where the user is a consumer and a change under paragraph 2 impairs the accessibility or usability of the service to more than an insignificant extent, the consumer may terminate the contract free of charge within 30 days of receiving the announcement or of the change taking effect, whichever is later (Section 327r BGB). Fees paid for the period after termination takes effect will be refunded pro rata.
(4) Changes to a pricing model requested by the user are governed by Section 11 (1).
8. Right of Withdrawal for Consumers
(1) Where the user is a consumer within the meaning of Section 13 BGB, the statutory provisions on distance contracts (Sections 312 et seq. BGB) and on contracts for digital products (Sections 327 et seq. BGB) apply. The Service Provider makes the statutory withdrawal instruction, including the model withdrawal form, available on the Service Provider's Website, and provides it separately during the order process.
(2) During the order process the consumer is asked to expressly request that the Service Provider begin performance immediately upon conclusion of the contract and before the end of the withdrawal period, and to confirm knowledge that the right of withdrawal expires with the beginning of performance insofar as the contract is for the supply of digital content, and that insofar as a right of withdrawal continues beyond the beginning of performance, compensation proportional to the performance rendered until withdrawal is owed. Supply of the content begins immediately upon conclusion of the contract, after the confirmation under paragraph (3) has been made available.
(3) The Service Provider confirms the contract, including this consent, in text form pursuant to Section 312f BGB.
(4) This Section describes the statutory position; it does not extend, restrict or replace it. Nothing in this Section requires the consumer to confirm any fact about their own status.
9. Usage Rights
(1) Subject to payment of the applicable fees, the Service Provider grants the user, for the term of the contract, a non-exclusive, non-transferable and non-sublicensable right to access the service and to use the data and content obtained through it within the scope set out in Sections 17 and 18.
(2) Unless expressly permitted by these T&C or by a corresponding functionality that the Service Provider itself provides for that purpose, the user may not edit, modify, translate, exhibit, publish, reproduce, disseminate or make available to third parties the content obtained from the Service Provider, in whole or in part. Removing or altering copyright notices, logos and other proprietary right markings is prohibited.
(3) The user may save or print content for their own internal purposes. That right is subject to paragraphs 1 and 2 and does not permit reproduction, dissemination, making available to third parties, or systematic or bulk export. It survives the end of the contract only to the extent necessary for the user's own internal documentation and record-keeping, and is subject to Section 18 (8) for data retrieved through the Keepa API. Retrieval of data via the Keepa API is governed by Section 18 (7) and is not restricted by this paragraph.
(4) The user may not decompile, disassemble or reverse engineer the services, or attempt to obtain materials or information by means not intentionally made available through the services, including screen and database scraping tools, spiders, robots and crawlers. Statutory rights under Sections 69d and 69e UrhG remain unaffected. This paragraph does not restrict the use of a functionality that the Service Provider itself provides for the purpose.
(5) The Service Provider is the maker of the underlying database within the meaning of Section 87a UrhG. Extraction or re-utilisation of the whole or a substantial part of the database, and repeated and systematic extraction or re-utilisation of insubstantial parts, are prohibited.
(6) On termination the rights under paragraph 1 lapse. Obligations under paragraphs 2, 4 and 5 survive termination.
(7) The user's mandatory legal rights remain unaffected.
10. Obligations of the Parties
10.1. User's obligations:
(1) The user shall comply with the usage restrictions in Section 9 and in Sections 17 and 18.
(2) The user is obligated to provide truthful information about themselves when using the service.
(3) The user is obligated to comply with all applicable laws while using the service.
(4) The user shall treat as confidential any information expressly designated as confidential by the Service Provider and not disclose it to third parties. This does not restrict the user from disclosing information to their professional advisers, or where required by law or by a court or authority.
(5) Users may not use the services in any manner that could damage, disable, overburden or impair the services or interfere with any other party's use of them.
(6) Additional obligations prescribed in other provisions of these T&C remain unaffected.
10.2. Service Provider's obligations:
(1) The Service Provider shall perform the services with due care and in accordance with the law applicable to it. The Service Provider gives no warranty and no guarantee within the meaning of Section 276 (1) BGB that the data is free of third-party rights or that the user's intended use of the data is permissible; assessing the admissibility of its own use is the user's responsibility.
(2) Information provided by the user to the Service Provider and expressly designated as confidential ("Confidential Information") shall be safeguarded by the Service Provider to the same extent that it safeguards its own confidential information, using no less than a reasonable degree of care, and shall not be used except as necessary to perform the services or disclosed without the user's prior consent in text form. This obligation does not apply to information that is publicly available through no fault of the Service Provider, already in the Service Provider's possession without an obligation of confidentiality, rightfully obtained from third parties not under an obligation of confidentiality, or independently developed by the Service Provider. It does not restrict the Service Provider from processing usage data in aggregated or anonymised form for the purposes of operating, securing, capacity-planning and improving the services, nor from processing personal data in accordance with its privacy policy. If the Service Provider is required by a court or governmental order to disclose Confidential Information, it will notify the user to the extent legally permitted. This obligation ends three years after the end of the contract; for trade secrets it continues for as long as they remain trade secrets.
(3) No provision of these T&C constitutes the assumption of a guarantee within the meaning of Sections 276 (1) or 443 BGB unless it is expressly designated as a guarantee in text form.
11. Term and Termination
(1) The user may change to another pricing model where the Service Provider offers that change in the user's personal settings; which changes are available, and the point in time at which a change takes effect, are shown to the user before the change is confirmed. A change of pricing model does not shorten a billing period already paid for and does not give rise to a refund or credit for it. How a change affects the quota available for the current billing period is shown to the user before the change is confirmed.
(2) The Service Provider may terminate the contract at any time without providing reasons by giving one month's notice in text form (e.g. email). In the event of such ordinary termination by the Service Provider, any fees prepaid for the period after the termination takes effect will be refunded on a pro-rata basis; this does not apply where the Service Provider terminates for cause for which the user is responsible.
(3) The right of either party to terminate for cause under Section 314 BGB remains unaffected. Cause for the Service Provider exists in particular, but not exclusively, where the user (a) breaches Section 9 or the usage restrictions in Sections 17 and 18; (b) is in default with a non-immaterial part of the fees; (c) initiates a payment dispute contrary to Section 5 (6); (d) circumvents or attempts to circumvent agreed limits; or (e) shares access data contrary to Section 4. Termination for cause requires prior warning and a reasonable cure period unless the warning is dispensable under Section 314 (2) sentence 3 BGB. Where the Service Provider terminates for cause for which the user is responsible, prepaid fees for the remaining term are not refunded. Where prepaid fees are retained under this paragraph or under paragraph 2, the user is entitled to prove that the Service Provider suffered no damage or a significantly lower damage; in that case the retained amount is reduced accordingly.
(4) The user may terminate the contract at any time in accordance with Section 6 (3).
12. Suspension and Blocking of Access
(1) The Service Provider may temporarily suspend or permanently block the user's access to the services, in whole or in part, where there are concrete indications of a breach of these T&C or of applicable law, where this is necessary to avert an imminent threat to the security, integrity or availability of the services, or where the user exceeds or circumvents agreed limits. Where feasible and reasonable, the Service Provider will notify the user in advance and set a reasonable cure period. The Service Provider will consider the user's justified interests when making the decision.
(2) Where the ground for the suspension or block is attributable to the user, the user's obligation to pay the fees for the affected period remains unaffected. Where it is not, fees for the period in which the services were not available will be refunded pro rata.
13. Liability
(1) The user shall indemnify the Service Provider, its owner, managers and contractors against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorney's fees) arising from the user's culpable: (i) use of and access to the services, including any data or content transmitted or received by the user; (ii) breach of any provision of these T&C, including the obligations in Section 10.1; (iii) violation of any third-party right, including any right of privacy, publicity rights or intellectual property rights; (iv) violation of any law, rule or regulation; (v) any claim or damages arising from data or content submitted by the user; or (vi) any other party's access to and use of the services with the user's access data, to the extent that the third-party access resulted from acts or omissions of the user. For users who are consumers, the indemnity is limited to the damage caused by the user's culpable conduct in accordance with statutory law.
(2) The Service Provider shall be liable without limitation for damages caused intentionally or by gross negligence, for culpable injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), in the event of fraudulent concealment of a defect, and to the extent a guarantee has been expressly assumed. In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose fulfilment the user regularly relies and may rely), the Service Provider's liability is limited to the damage that is typical for this type of contract and foreseeable at the time of its conclusion. Any further liability of the Service Provider for slight negligence is excluded. If the user is an entrepreneur (Section 14 BGB), liability for gross negligence of vicarious agents who are not legal representatives or executive employees of the Service Provider is likewise limited to the damage that is typical for this type of contract and foreseeable at the time of its conclusion. The mandatory statutory rights of consumers, including statutory rights in respect of defects of digital products (Sections 327 et seq. BGB), remain unaffected.
(3) If the user is an entrepreneur (Section 14 BGB), then subject to paragraph 4 each party's total aggregate liability to the other party for all claims arising under or in connection with the contract (in contract, tort including negligence, breach of statutory duty or otherwise) in any consecutive twelve (12)-month period shall not exceed an amount equal to two (2) times the fees paid or payable by the user under that contract in that period (the "Liability Cap"). For these purposes, a "consecutive twelve (12)-month period" means the twelve months immediately preceding the event giving rise to the claim. The Liability Cap is aggregate for all claims within the relevant twelve-month period.
(4) The Liability Cap does not apply to the cases of unlimited liability listed in paragraph 2 sentence 1. On the part of the user, it further does not apply to the user's payment obligations, to the user's obligations under paragraph 1, to the user's liability for infringement of intellectual property rights, or to the user's breach of Section 4 (3), Section 9, Section 17 (3), Section 17 (4) or Section 18 (4), (6) or (7).
(5) Beyond the express provisions of these T&C the Service Provider assumes no warranties. In particular, and without prejudice to paragraph 2 and to the mandatory statutory rights of consumers under Sections 327 et seq. BGB, the Service Provider does not warrant that the services will be uninterrupted or error-free, or that they will be suitable for any particular purpose pursued by the user.
(6) The user is responsible for the decisions it makes and the actions it takes on the basis of information obtained through the services. The services do not constitute advice and are not a purchasing, investment or trading recommendation.
14. Data Protection
(1) The Service Provider will collect, save and process the user's personal data as required for providing the contractual services, for the security and proper operation of the services, and in compliance with statutory directives and legal obligations. Personal data will be kept confidential, handled according to data protection laws, and not shared with third parties unless necessary for fulfilling contractual obligations or required by law.
(2) If the user provides declarations of consent, these may be revoked at any time with effect for the future.
(3) The Service Provider uses external service providers for payment processing and for the sending of transactional email, which process the user's personal data only as required for those purposes.
(4) Details on the processing of personal data, including the legal bases, retention periods, recipients, international transfers and the rights of data subjects, can be found in the Service Provider's privacy policy available on the Service Provider's Website.
15. Force Majeure
Neither party shall be liable for any failure or delay in performing any obligation under the contract (except for payment obligations already incurred for services actually rendered) where the failure or delay results from events beyond the reasonable control of the affected party, including flood, fire, earthquake or explosion; war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; government order, law or action; embargoes or blockades; national or regional emergency; strikes, labour stoppages or other industrial disturbances; and widespread internet, telecommunication or utility failures ("Force Majeure Events"). The affected party shall promptly notify the other party, providing details and an estimate of the expected duration, and shall use reasonable efforts to minimize the impact. Performance is extended for a period equal to the duration of the event. If a Force Majeure Event continues for more than thirty (30) days, either party may terminate the contract upon notice in text form. Fees already paid for a period in which the services were not provided shall be refunded pro rata.
16. Changes to These T&C
The Service Provider reserves the right to modify these T&C with effect for existing contractual relationships, provided that the modification does not affect the main contractual obligations of the parties (the scope of the paid services and the price) and is reasonable for the user. Such modifications are permitted only where they are required by a change in legislation or case law, by technical developments that do not reduce the contractually owed scope of the services, or by the need to close a gap that has arisen in these T&C. Registered users will be notified of changes in text form at least 6 weeks before they become effective; where a change affects only Section 17 or only Section 18, only the users of that service will be notified. If the user does not object within 6 weeks of notification and continues using the services, the changes will be considered validly agreed; the Service Provider will specifically inform the user of their right to object and of this consequence in the notification. Changes to prices are governed exclusively by Section 7 (1) and changes to the services exclusively by Section 7 (2); modifications affecting main contractual obligations otherwise require the user's express consent. If an objection is lodged, the Service Provider may terminate the contractual relationship pursuant to Section 11 when the planned changes become effective.
17. Keepa Pro
(1) Keepa Pro comprises the supply of additional digital content: the extended price history and product data set out in the price and service information displayed before the order is submitted – in particular sales rank, buy box, seller and stock data and extended history depth – made available for retrieval, display, download and export on the Service Provider's Website. The tools provided there for working with the content, in particular Product Finder, product and seller analytics and the deal and tracking views, serve its selection and display and are not separately remunerated. The quota and other limits applicable to Keepa Pro are those described in the price and service information.
(2) Keepa Pro is available to consumers and to businesses. Prices for Keepa Pro are stated inclusive of value added tax; the price displayed is the total price payable. Keepa Pro is offered with a monthly and a yearly billing cycle, selected at the time of purchase and shown, together with the amount charged and the automatic continuation of the subscription, before the order is submitted.
(3) A Keepa Pro subscription entitles one natural person to use the service. Where the subscription is held by a business, it entitles one named individual within that business to use it. Where the Service Provider offers a subscription in multiples (quantity), each unit entitles one further individual; the number of units purchased is shown before the order is submitted and on the invoice. The user shall not share, distribute or otherwise make the subscription or the access it grants available to any other person or entity. Affiliates and group companies of the user are third parties for the purposes of this paragraph.
(4) The data and content obtained through Keepa Pro may be used for the user's own purposes, including the internal purposes of the user's business. It may not be resold, republished, redistributed or made available to third parties, whether or not for consideration, except with the Service Provider's prior consent in text form.
18. Keepa API
(1) The Keepa API comprises the supply of digital content: the price history and product data held by the Service Provider, delivered as structured data (e.g. JSON) in response to the user's requests over a documented interface. Tokens meter the volume and kind of content supplied (paragraph 4). The endpoints available, the response fields they return, the plan token rates and the token cost of each request are set out in the price and service information and in the API documentation on the Service Provider's Website; both form part of the service description. Changes to them are governed by Section 7.
(2) The Keepa API is offered for commercial and professional use. It is directed at entrepreneurs within the meaning of Section 14 BGB, and the order process does not offer a consumer purchase route. Where, notwithstanding this, the user is a consumer within the meaning of Section 13 BGB, the statutory provisions referred to in Section 8 (1) apply to that contract unchanged.
(3) Prices for the Keepa API are stated net, exclusive of value added tax. Any applicable value added tax is shown before the order is submitted and is added to the amount charged. Where the user supplies a valid VAT identification number of an EU member state other than Germany, the reverse charge procedure is applied; where an EU user does not supply a valid VAT identification number, value added tax is charged. Where the Service Provider offers a plan in multiples (quantity), the fee is multiplied accordingly and the token rates of the units purchased are aggregated.
(4) Access to the Keepa API is metered in tokens and is subject to the token rate of the plan purchased. Tokens are consumed when a request is served, irrespective of whether the response contains the data the user expected. Unused tokens are not carried over beyond the limits stated in the documentation, are not refunded, exchanged or paid out, and lapse on termination. The Service Provider may enforce the agreed token rate and reasonable technical rate limits and may refuse or throttle requests exceeding them. The user shall not circumvent or attempt to circumvent token accounting, rate limits or quota, including by operating multiple accounts for that purpose, by cycling accounts to obtain repeated free or trial quota, or by distributing requests across accounts.
(5) Within a billing period, performance is rendered in stages measured by the tokens consumed; the value of partial performance corresponds to the proportion of the plan's token allowance consumed. This applies in particular where compensation is owed on withdrawal by a consumer under Section 357 (8) BGB.
(6) Access to the Keepa API is authenticated by a personal access key issued to the contracting party. The user may use the key through software or services operated by third parties acting on the user's behalf, provided that the requests are made for the user's own account and for the user's own internal business purposes, that paragraph 7 applies to the data so retrieved unchanged, and that the user remains responsible for such requests as for the user's own use. Beyond this, the user shall not disclose, share, sell, lease or otherwise make the key available to any third party for the third party's own purposes, and shall not permit the key to be used to make requests for the benefit of persons other than the user; affiliates and group companies of the user are third parties for the purposes of this paragraph. The user shall notify the Service Provider without undue delay if the key has been or may have been disclosed beyond the scope permitted by this paragraph, and may request its replacement at any time.
(7) Subject to payment of the applicable fees, the user may retrieve data via the Keepa API and store, reproduce and process it solely for the user's own internal business purposes. Without the Service Provider's prior consent in text form, the user shall not: (a) resell, licence, lease, publish, broadcast, transmit, make available or otherwise distribute the data or any part of it to any third party, whether or not for consideration; (b) make the data available to third parties as part of, or as an input to, any product or service supplied by the user; (c) grant sublicences; (d) use the data to build or improve a product or service that substitutes for the Service Provider's supply of the data, that is, one whose purpose is the supply of price history or product data of the kind supplied by the Service Provider to third parties; or (e) remove or alter attribution or proprietary notices. Using the data to train, fine-tune or evaluate machine-learning models for the user's own purposes is a permitted form of processing within the meaning of this paragraph; letter (d) applies to the use of such a model to supply price history or product data of that kind to third parties.
(8) On termination the rights under paragraph 7 lapse. The user shall within 60 days cease retrieving data and cease using the stored data as a current data source. Records, analyses, reports and other derived works created during the term of the contract may be retained and used for the user's own internal documentation and record-keeping, subject to paragraph 7. Data that has been integrated into the user's own business records need not be excised from them, provided the retained records no longer substantially reproduce the data supplied and are not used as a data source. The stored data itself shall be deleted within 60 days; on request the user shall confirm the deletion in text form. Copies in backup systems are deemed deleted when they are overwritten in the ordinary course of the user's backup cycle, provided they are not restored to active use; copies may also be retained to the extent required by mandatory retention law, subject to paragraph 7. Paragraphs 4 to 8 survive the end of the contract.
19. Final Provisions
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the user is a consumer, this choice of law does not deprive the user of the protection afforded by those provisions that cannot be derogated from by agreement under the law of the country in which the user has their habitual residence (Art. 6 (2) of Regulation (EC) No 593/2008, Rome I).
(2) If the user is a merchant (Kaufmann) within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the Service Provider's registered office is the exclusive legal venue for all disputes arising from the contractual relationship. Where the user is an entrepreneur, the user may set off only against counterclaims that are undisputed or have been established by a final court decision, and may exercise a right of retention only in respect of claims arising from the same contractual relationship.
(3) The Service Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).
(4) If any provision of these T&C is or becomes invalid, illegal or unenforceable, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the applicable statutory provision (Section 306 (2) BGB).
Keepa GmbH
Berndorfer Str. 10
95478 Kemnath
Germany
Registered in: Register of commerce at local court Amtsgericht Weiden i.d.OPf. HRB 5942
Managing Directors: Julian Johann, Sascha Arthur