TERMS OF SERVICE

Terms of Service

Effective Date: December 23, 2025 | Governing Law: Germany (German Civil Code - BGB)

These Terms of Service ("Terms") govern your use of AutoBuy Guard's price tracking service ("Service"). By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree, please do not use our Service.

1. Acceptance of Terms

By accessing or using AutoBuy Guard, you confirm that:

  • You are at least 16 years old (GDPR requirement)
  • You have the legal capacity to enter into binding contracts
  • All registration information you provide is accurate and current
  • You will comply with all applicable laws and regulations

2. Service Description

2.1 What We Provide:

  • Price tracking for products from supported retailers
  • Automated notifications when price thresholds are met
  • Historical price data and analytics
  • Restock monitoring for out-of-stock items

2.2 What We Do NOT Provide:

  • We do not sell products directly
  • We do not guarantee price accuracy at all times
  • We do not guarantee product availability
  • We are not responsible for retailer policies or transactions

Important: We act as an information service only. All purchases are made directly with retailers. We are not a party to any transaction between you and third-party sellers.

3. User Accounts

3.1 Account Creation:

You must create an account to use our Service. You agree to:

  • Provide accurate, complete information
  • Maintain the security of your password
  • Immediately notify us of unauthorized access
  • Not share your account with others

3.2 Account Termination:

We reserve the right to suspend or terminate accounts that:

  • Violate these Terms
  • Engage in fraudulent activity
  • Attempt to abuse or exploit the Service
  • Violate applicable laws

4. Subscription & Payment

4.1 Plans & Pricing

We offer Free, Pro, and Ultra subscription plans. Prices are listed on our Pricing page and may change with 30 days notice.

4.2 Billing

  • Subscriptions are billed monthly or yearly in advance
  • Payments are processed securely via Stripe
  • All prices include applicable VAT (German MwSt.)
  • Automatic renewal unless cancelled before billing date

4.3 Cancellation & Refunds

  • Cancel Anytime: You may cancel your subscription at any time via the dashboard.
  • 7-Day Technical Guarantee: Refund provided if the software fails to perform technically (as described in our Help Center).
  • Service Continues: Access remains until the end of the current billing period after cancellation.

German law provides a 14-day statutory withdrawal right (Widerrufsrecht) for distance sales contracts. See Section 13 for details on how to exercise this right.

5. Acceptable Use Policy

You agree NOT to:

  • Use automated scraping tools or bots beyond normal Service usage
  • Attempt to reverse engineer or decompile the Service
  • Sell, resell, or commercialize access to the Service
  • Use the Service for illegal purposes
  • Violate third-party intellectual property rights
  • Transmit viruses, malware, or harmful code
  • Overload or interfere with Service infrastructure

Violation may result in immediate termination without refund and potential legal action.

6. Intellectual Property

All content, features, and functionality of AutoBuy Guard (including but not limited to software, text, graphics, logos, design) are owned by us or our licensors and protected by international copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or create derivative works without express written permission.

7. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to:

  • Collection and processing of your data as described in the Privacy Policy
  • Use of cookies and similar technologies
  • Data storage in EU-based servers (AWS Frankfurt)

8. Disclaimers & Warranties

IMPORTANT LEGAL NOTICE

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

  • The Service will be uninterrupted or error-free
  • Price data is always 100% accurate
  • Products will be available at tracked prices
  • All notifications will be delivered instantly

Note: Under German law (BGB), certain mandatory warranties cannot be excluded for consumer contracts. This disclaimer does not affect your statutory rights.

9. Limitation of Liability

To the maximum extent permitted by applicable law, AutoBuy Guard shall not be liable for:

  • Indirect, incidental, special, or consequential damages
  • Loss of profits, revenue, or business opportunities
  • Missed deals or price increases
  • Actions or omissions of third-party retailers

Maximum Liability: Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

This limitation does not apply to liability for intentional misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit) under German law.

10. Indemnification

You agree to indemnify and hold harmless AutoBuy Guard from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Your infringement of third-party rights
  • Unauthorized use of your account

11. Modifications to Service & Terms

Service Changes:

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with or without notice.

Terms Updates:

We may update these Terms periodically. Material changes will be notified via email or prominent website notice at least 30 days in advance. Continued use after changes constitutes acceptance.

12. Third-Party Links & Services

Our Service contains links to third-party websites and retailers. We are not responsible for:

  • Content, policies, or practices of third-party sites
  • Transactions between you and retailers
  • Product quality, delivery, or customer service

Your dealings with third parties are solely between you and them.

13. Right of Withdrawal (Widerrufsrecht - German Law)

14-Day Withdrawal Right:

As a consumer in Germany/EU, you have the right to withdraw from this contract within 14 days without giving any reason.

To exercise this right: Send clear written notice to legal@autobuyguard.store within 14 days of subscription purchase. We will refund all payments received from you within 14 days of receiving your withdrawal notice.

Note: If you request immediate service start, you acknowledge that your withdrawal right expires once the Service is fully provided.

14. Dispute Resolution & Governing Law

Governing Law:

These Terms are governed by the laws of Germany, excluding conflict-of-law provisions.

Jurisdiction:

For disputes with consumers, jurisdiction is determined by applicable consumer protection laws. For commercial users, exclusive jurisdiction is Berlin, Germany.

EU Online Dispute Resolution:

EU consumers can use the ODR platform: ec.europa.eu/consumers/odr

15. Severability & Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and AutoBuy Guard.

16. Contact Information

For questions about these Terms:

Legal Department:
Email: legal@autobuyguard.store
Address: Balatonstraße, Berlin, Germany