General terms and conditions

for the use of Resellize

Version: 7 September 2026

§ 1 Provider and scope

(1) The provider of the service available at resellize.com is Mathias Jehle, Schubertweg 9/1, 8141 Premstätten, Austria, email support@resellize.com (the "provider").

(2) These general terms and conditions apply to all contracts for the use of Resellize between the provider and the user, whether the user is a consumer within the meaning of the Austrian Consumer Protection Act or a business.

(3) Terms of the user that differ from or add to these do not become part of the contract unless the provider expressly agrees to them in writing.

(4) The language of the contract is German. This English version is a translation provided for convenience; the German version prevails in the event of any discrepancy.

§ 2 Subject matter of the contract and description of the service

(1) Resellize is a browser-based software tool for people who resell second-hand clothing on online platforms. The provider makes the software available for use over the internet for the term of the contract (software as a service). The software is not handed over to the user for permanent retention.

(2) The functionality comprises in particular:

• automated creation of sales listings from uploaded photographs,
• automated price suggestions,
• inventory management with a bookkeeping function,
• assistance in answering buyer messages.

(3) The functionality owed in each case follows from the description of the service on the website as it stood when the contract was concluded, and from the plan chosen.

(4) The provider may develop the functionality further, in particular by adding, improving or technically reworking features. If a material contractually agreed feature is restricted or removed, § 14 applies.

(5) The provider does not give advice by telephone. Support is provided by email only.

§ 3 Conclusion of the contract and registration

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

(2) The contract is concluded online only. The user makes their offer by completing the registration or order form in full, accepting these general terms and conditions and clicking the final button. For paid plans, that button is labelled "order with obligation to pay" or wording of equivalent clarity.

(3) The contract comes into being when the provider confirms it, and at the latest when the account is activated.

(4) The user receives the content of the contract, including these terms, in text form by email. The provider stores the text of the contract; the version in force is also available on the website at any time.

(5) The user must give truthful information on registration and keep it up to date. An account may be used by one person only. Access credentials must be kept secret. The provider must be informed without delay if unauthorised access is suspected.

(6) The user must be of full age and have unrestricted legal capacity.

§ 4 Plans, prices and credit units

(1) The following plans are available, each payable monthly:

(2) The provider is a small business within the meaning of § 6 para. 1 no. 27 of the Austrian VAT Act. No value added tax is charged and none is therefore shown. The prices stated are final prices.

(3) One credit unit corresponds roughly to one listing generation. Features that require less work consume fractions of a unit. Current consumption can be viewed in the account at any time.

(4) The monthly allowance is provided afresh at the start of each billing period. Unused allowance expires at the end of the billing period; it is neither carried over nor refunded.

(5) The Free plan has a hard limit of five listing generations per month. Once that limit is reached, the features concerned are unavailable until the next billing period begins. Additional consumption is not possible on the Free plan.

(6) The Starter and Pro plans likewise have a hard limit at the level of the monthly allowance. Once that limit is reached, the allowance-based features are unavailable until the next billing period begins. There is no paid additional consumption; no charge arises beyond the monthly fee. Anyone who needs more moves to a higher plan.

(7) The provider may change prices for future billing periods. A price change will be communicated to the user in text form at least six weeks before it takes effect. The user may terminate the contract, effective at the end of the current billing period, up to the point the change takes effect. Services already paid for remain at the previous price.

(8) A change to a higher plan takes effect immediately; the difference is charged pro rata for the current billing period. A change to a lower plan takes effect at the start of the next billing period.

§ 5 Payment

(1) Payment is made exclusively through the payment service provider Stripe. The user registers a valid means of payment there. Card details are not stored by the provider.

(2) The monthly fee is payable in advance for the billing period concerned. No charge arises beyond the monthly fee.

(3) The user receives an invoice in electronic form for each billing. The user consents to electronic invoicing.

(4) The user must ensure that the registered means of payment is valid and has sufficient funds.

§ 6 Late payment

(1) If the user is late with a payment, the provider may suspend access to the paid functionality after an unsuccessful reminder setting a reasonable additional period. The obligation to pay for the current billing period remains.

(2) Where a consumer is in default, the statutory default interest applies. Reminder costs are charged only to the extent that they are necessary for appropriate collection and proportionate to the loss caused by the delay (§ 1333 para. 2 of the Austrian Civil Code).

(3) In relation to businesses, the statutory default interest under § 456 of the Austrian Business Code applies.

(4) If payment is still outstanding more than 14 days after suspension, the provider may terminate the contract with immediate effect. Before the data is finally deleted, the user is given a reasonable period in which to back it up.

§ 7 Term and termination

(1) The contract is concluded for an indefinite period and is billed in billing periods of one month.

(2) Either party may terminate the contract at any time without giving reasons, effective at the end of the current billing period. There is no minimum term.

(3) The user terminates through the corresponding function in the account settings or informally by email to support@resellize.com.

(4) Access remains in place until the end of the billing period paid for. There is no pro rata refund for the unused remainder of the period, except in the cases provided for by law.

(5) The right of either party to terminate for good cause is unaffected. For the provider, good cause exists in particular in the event of serious or repeated breaches of § 11, of late payment under § 6 para. 4, or of abusive use that endangers operations.

(6) After the contract ends, the user's data is deleted within 30 days. The user can back up their data at any time beforehand using the export function, and is expressly advised to do so in good time.

§ 8 Availability

(1) The provider endeavours to keep the service as available as possible but does not owe any particular level of availability. There is expressly no availability guarantee and no service level agreement.

(2) The service may be interrupted by maintenance, necessary security measures, further development and faults. Planned maintenance will be announced where possible and scheduled for times of low use.

(3) The service relies on third-party services, in particular Anthropic for the AI features, Stripe for payment processing, and the hosting and storage providers used. Outages, changes, restrictions or discontinuation of those services are outside the provider's control and do not constitute a breach of duty for which the provider is responsible.

(4) If a third party changes its interface or its terms such that a feature can no longer be offered, that feature ceases to be available. If it is a material feature, the user may terminate the contract with extraordinary notice effective when the feature ceases.

(5) Consumer warranty rights, in particular under the Austrian Consumer Warranty Act for digital services, are unaffected by paragraphs 1 to 4.

§ 9 Automated suggestions, price suggestions and listing texts

(1) Price suggestions, listing texts, descriptions, category suggestions and suggested replies to buyer messages are generated automatically with the aid of language and image models.

(2) These results are non-binding suggestions. They expressly do not constitute a valuation, an appraisal in the legal sense, investment advice, tax advice or legal advice.

(3) Automatically generated content may be incorrect, incomplete, misleading or legally impermissible. The user is obliged to check every suggestion independently before using it, in particular as to the accuracy of statements about brand, condition, material, size and origin, as to trade mark and copyright permissibility, and as to the applicable information duties towards buyers.

(4) The user remains solely responsible for their sales listings, their content and the prices they set. In particular, the user is responsible for complying with the rules of the respective selling platform and with their own obligations under trade, tax and consumer protection law.

(5) The provider is not liable for commercial success, for the sale prices achieved, for how quickly items sell, or for how easily listings can be found.

§ 10 Selling platforms

(1) The tool only prepares texts, data and photographs for the selling platforms it supports. Posting, changing and removing listings on those platforms is done by the user. The provider expressly does not owe automatic publication, modification, synchronisation or deletion of listings. No data is transmitted to the selling platforms.

(2) The user is responsible for removing sold items from every platform on which they have listed them. The provider is not liable for double sales or for any disadvantage arising from them.

§ 11 Obligations of the user

(1) The user may not use the tool for unlawful purposes. The following are prohibited in particular:

• offering or advertising counterfeit goods or goods that infringe trade marks,
• offering stolen goods, goods obtained by handling stolen property, or goods otherwise unlawfully obtained,
• offering goods whose sale is prohibited or restricted by law,
• creating misleading or untruthful statements about items,
• any use that breaches the terms of the respective selling platform.

(2) The user warrants that they hold the necessary rights in all uploaded photographs and content, and that the processing of that material by the provider and its service providers does not infringe the rights of third parties.

(3) When uploading photographs, the user will take care not to make personal data of third parties visible, in particular no identifiable people, addresses or documents.

(4) Also prohibited are automated extraction of data from the service, circumvention of technical limits — in particular the credit limits — operating several accounts in order to circumvent the Free plan, and any conduct that impairs the availability or security of the service.

(5) If the user breaches these obligations, the provider may remove the content concerned, suspend access temporarily and, in the event of serious or repeated breaches, terminate the contract under § 7 para. 5. In doing so, the provider will give reasonable weight to the user's interests and will inform the user in advance so far as possible and legally permissible.

(6) Where the user acts as a business, they shall indemnify the provider against claims by third parties based on a culpable breach of paragraphs 1 to 4, including reasonable costs of legal defence. In relation to consumers, statutory liability alone applies.

§ 12 Rights of use and rights in content

(1) For the term of the contract, the provider grants the user a simple, non-exclusive, non-transferable right, which may not be sub-licensed, to use the service through a web browser as intended. No further rights in the software are granted.

(2) The following are prohibited in particular: reproduction, modification, decompilation beyond what the law permits, subletting, and giving third parties access.

(3) All rights in content brought in by the user, in particular photographs, item data and bookkeeping data, remain with the user. The user grants the provider the right, unlimited in territory and limited to the term of the contract, to store that content, process it technically, transmit it to the service providers named in the privacy notice, and deliver it via the publicly reachable image address, insofar as this is necessary to provide the service.

(4) The provider asserts no rights in the automatically generated results, in particular listing texts. The user may use them freely. The provider gives no warranty that rights can be established in such results or that they do not infringe the rights of third parties.

(5) The provider does not use the user's content for its own purposes, and in particular not for advertising. As to disclosure to the AI provider and that provider's terms, reference is made to the privacy notice.

§ 13 Liability

(1) The provider is liable without limitation for intent and gross negligence, and for damage arising from injury to life, body or health.

(2) In cases of slight negligence, the provider is liable to consumers in accordance with the statutory provisions. In relation to businesses, liability for slight negligence is excluded; personal injury is excepted from this.

(3) In relation to businesses, liability for loss of profit, indirect damage, consequential damage caused by a defect, and damage arising from third-party claims is excluded.

(4) The provider is not liable for damage arising because the user adopts automatically generated suggestions without checking them (§ 9), because third-party services fail (§ 8 para. 3), or because the user breaches § 11.

(5) The user is obliged to back up their data regularly using the export function provided. The provider is liable for loss of data only insofar as the loss would also have occurred had the user backed up their data properly. This limitation does not apply in cases of intent or gross negligence.

(6) The above limitations do not apply to claims under the Austrian Product Liability Act, nor to other claims whose limitation is not legally permissible.

§ 14 Changes to these terms

(1) The provider may change these terms where this is necessary to reflect a change in the law, a change in supreme court case law, a change in the terms of third-party providers used, or a change in the scope of the service, and where the user is not thereby unreasonably disadvantaged.

(2) Intended changes will be communicated to the user in text form at least six weeks before the planned effective date. The communication will state the amended provisions, the date on which they take effect, and will expressly point out the user's right to object to the change or to terminate the contract.

(3) If the user objects to the change before it takes effect, or terminates, the contract ends at the end of the current billing period on the previous terms. Without an objection, the change is deemed agreed from the date communicated; the communication will expressly point out this consequence.

(4) Changes to the main service or to the fee cannot be made this way; § 4 para. 7 governs price changes.

§ 15 Data protection

Information on the processing of personal data is set out in the privacy notice, available at https://resellize.com/legal/privacy. Where the user processes personal data of third parties through the tool, in particular buyer data, the provider acts as a processor in that respect; the data processing agreement under Art. 28 GDPR applies, available at https://resellize.com/legal/dpa. It is concluded by accepting these terms.

§ 16 Applicable law

(1) Austrian law applies, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Where the user acts as a consumer habitually resident in another member state of the European Union, the mandatory consumer protection provisions of their state of residence continue to apply (Art. 6(2) Rome I Regulation). For consumers habitually resident in Germany, the mandatory consumer protection provisions of German law therefore apply insofar as they are more favourable.

§ 17 Place of jurisdiction

(1) If the user is a business, the court with subject-matter jurisdiction in Graz has exclusive jurisdiction over all disputes arising from this contract.

(2) If the user is a consumer, jurisdiction follows the statutory provisions. For actions against a consumer domiciled, habitually resident or employed in Austria, the court of that place has exclusive jurisdiction (§ 14 of the Austrian Consumer Protection Act). Consumers domiciled in another member state may be sued only at their domicile and may sue the provider either at their own domicile or at the provider's seat.

§ 18 Consumer dispute resolution

The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration body.

§ 19 Final provisions

(1) Should any provision of these terms be or become invalid, the validity of the remaining provisions is unaffected. The statutory rule takes the place of the invalid provision. In relation to consumers, this provision applies only insofar as the contract without the invalid clause does not become unreasonable for the consumer.

(2) The user may transfer rights and obligations under this contract to third parties only with the provider's prior consent.

(3) Communications under this contract are made in text form to the email address on file. The user must keep their email address up to date.

Note for consumers

Consumers have a statutory right of withdrawal. The details, and the conditions under which that right expires early, are set out in the separate withdrawal notice.