16.07.2024 16:31 Terms and Conditions for Keepa.

com's API

Terms and Conditions for Keepa.com Price Data API – Version of February 29, 2024

1. Purpose and Scope of These Terms and Conditions

(1) These Terms and Conditions ("T&C") govern the rights and obligations between Keepa GmbH,
Berndorfer Str. 19, 95478 Kemnath (hereinafter referred to as the "Service Provider") and the user, in
connection with the use of the "Keepa.com Price Data API" service, available on the Keepa.com website
(owned by the Service Provider).
(2) Only the Service Provider's T&C shall apply. The user's terms and conditions that conflict with or deviate
from these T&C will not be recognized by the Service Provider unless expressly agreed to in writing or text
form. These T&C shall remain in effect even if the Service Provider, while aware of conflicting or deviating
user terms and conditions, unconditionally provides its services to the user.
(3) Whenever the term "Service Provider's Website" is used in the following text, it refers to the web page(s)
through which the Service Provider's services, as outlined in Paragraph 1, can generally be accessed on the
Internet.

2. Service Provider's Offerings

(1) Keepa.com, owned by the Service Provider, offers an Application Programming Interface (API) for
retrieving price history information of specific products. Upon request, the API returns a JSON file
containing various details about the product's price history, such as its price trends, current Amazon
Marketplace New and Used price histories, and other related data.
(2) The services are provided solely for the user's own business purposes. Reselling data for third-party
purposes is only allowed with the Service Provider's prior written consent (e.g., email). To clarify: (i) the user
may share the data obtained via the services with their own users; (ii) the rights granted by the Service
Provider also apply to the user's affiliates.
(3) The Service Provider may limit or restrict the number of products transmitted to the API for querying at
any given time ("Number of Simultaneous API Calls") to ensure the functionality of the service.
(4) The Service Provider does not guarantee the completeness of the provided data. Additionally, the
accuracy of all data cannot be ensured. Users must perform a plausibility check on the data obtained from
Keepa.com.

3. Formation of a Contract
(1) A contract shall be deemed concluded upon the successful completion of the registration process, which is
confirmed by the Service Provider to the user in text form, unless otherwise expressly agreed in the
individual case.
(2) During the registration process and before finalizing the contract, the user has the option to print out the
contract text. The data entered during registration will be displayed to the user before completing the process,
allowing for necessary corrections.
(3) The user has no entitlement to the formation of a contract. The Service Provider reserves the right to
decline any user's offer to enter into a contract without providing reasons for the decision.
(4) The Service Provider's Price Data API is available solely for business purposes. Registration must be
completed by a natural person with full legal capacity and powers of representation.

4. Responsibility for Access

(1) During the registration process, the user must provide confidential registration data such as a user name
and password, which must be kept secret and not disclosed to unauthorized third parties.
(2) Additionally, the user must ensure that the Service Provider's service is accessed and used exclusively by
the user or authorized users with their own registration data. If there is reason to believe that unauthorized
third parties have obtained or will obtain access to the user's data, the Service Provider must be promptly
notified.
(3) The user shall be liable, in accordance with applicable laws, for any activities or use of the Service
Provider's services by the user or authorized users with their access data.
(4) The user is responsible for ensuring that their chosen user name does not violate any third-party rights,
such as naming or trademark rights.

5. No Right of Withdrawal
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The Service Provider provides its services exclusively to entrepreneurs in accordance with § 14 BGB
[German Civil Code]. Therefore, there is no right of withdrawal, as required by § 13 BGB, that would need
to be granted to consumers.

6. Obligations of the parties

6.1. User's obligations:
(1) Resale of the data obtained from "Keepa.com" is strictly prohibited (see also Clause 2.2). It is clarified
that sharing the data received from "Keepa.com" with the user's own users is not considered "resale" for the
purposes of this agreement.
(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 is obligated to keep all emails and electronic messages confidential that they receive from the
Service Provider or other users when using the service, and not disclose them to third parties without the
communication partner's consent.
(5) Any additional obligations prescribed in other provisions of these T&C shall remain unaffected.

6.2. Service Provider’s obligations:

(1) The Service Provider guarantees and represents that: (i) it will perform the services and provide data in
accordance with applicable laws (including, but not limited to, any data, privacy, anti-bribery, or export
control laws); and (ii) the services will not violate or infringe upon the rights of any third party.
(2) Any technical, business, employee, or other information provided by the user to the Service Provider
during the term of the agreement between the parties ("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. The Service Provider shall not use Confidential Information except as strictly
necessary to perform the services described herein or disclose Confidential Information without the user's
prior written consent. The Service Provider's obligations under this section shall 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 by the Service Provider from third parties not
under obligation of confidentiality, or independently developed by the Service Provider as evidenced by
written documentation. If the Service Provider is requested pursuant to a court or government order to
disclose Confidential Information, it will give the user written notice sufficient to enable the user to seek
protective order and cooperate with the user in such effort.

7. Prices and Payment Terms

The Service Provider offers its services in various fee-based pricing models. The agreed prices can be found
in the current price and service information.

8. Payment
(1) Payment for the service can be made through any means accepted by the Service Provider's payment
providers. The user will receive an invoice for every payment transaction, which can be accessed through
their login area.
(2) The payment claim becomes immediately payable upon invoice issuance. The invoiced amount will be
charged to the user's designated account.
(3) The user must ensure that their designated account has sufficient funds at the time of invoicing. If the
account has insufficient funds, the user must reimburse the Service Provider for any resulting costs.
(4) If full payment is not made promptly, or a payment is canceled, the user will be considered in default
without a warning letter. In this case, "Keepa.com" may block the user's access, subject to the user's justified
interests, until full payment of the invoice is made.

9. Billing
(1) Billing Cycle. Subscription fees for Keepa service and other charges, such as taxes and transaction fees,
will be billed monthly to the user's Payment Method on the calendar day corresponding to the start of their
paid subscription. The payment date may change in certain cases, such as if the user's Payment Method fails
to settle or if their paid membership 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) Cancellation. The user may cancel their subscription at any time and will maintain access to Keepa
service through the end of their monthly or yearly billing period. To the extent permitted by applicable law,
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payments are non-refundable, and the Service Provider does not offer refunds or credits for partial-month or
partial-year subscription periods. To cancel, the user must visit their account settings page and follow the
cancellation instructions.
(3) Changes to Price and Service Plans. The Service Provider may modify subscriptions or pricing from time
to time; however, any changes will apply to the user no earlier than 30 days following notice.

10. Service Availability

The Service Provider guarantees, to the extent within their sphere of responsibility, that "Keepa.com" will
have a 98% annual average availability. Maintenance work is not included in the calculation of availability. If
possible, the Service Provider will provide advance notice in writing of any planned maintenance work.

11. Usage Rights

(1) The user may retrieve and display the online contents provided by the Service Provider solely for their
own business purposes, unless otherwise permitted by the Service Provider or these terms and conditions.
This right of use is limited to the duration of the contractual relationship with the Service Provider. The user
is not permitted to modify, edit, translate, or reproduce any content from the Service Provider's website
without express permission, nor remove or alter any copyright notices, logos, or proprietary right notices.
(2) The user may save or print out contents from the Service Provider's website for their own business
purposes, with a non-exclusive and unlimited right of use, unless payment is not made, in which case the
granted rights may be revoked by the Service Provider.

12. Termination of Use

(1) The user may terminate the contractual relationship at any time by deleting their account in the personal
settings or by sending a written or electronic termination notice to the Service Provider. The user may also
change to a different pricing model at any time, with the change taking immediate effect.
(2) The Service Provider may terminate the usage relationship by providing one month's prior notice in
writing or electronic form.
(3) Either party may make extraordinary termination if the other party has intentionally violated the
provisions of these terms and conditions, committed intentional wrongdoing or gross negligence. The Service
Provider may also terminate the agreement if they are no longer able to provide the Internet Site for any
reason.

13. Blocking Access

The Service Provider may temporarily or permanently block the user's access to the Internet Site if there are
concrete indications that the user has violated these terms and conditions, applicable laws, or if there are
other justified reasons to do so. The Service Provider will consider the user's justified interests when making
the decision to block access.

14. Liability Restrictions

(1) The user agrees to defend, indemnify and hold harmless Keepa.com, its owner, managers and contractors
from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from the user's: (i) use of and access to the Service,
including any data or content transmitted or received by the user; (ii) violation of any term of this Agreement,
including without limitation the user's breach of any of the representations and warranties above; (iii)
violation of any third-party right, including without limitation any right of privacy, publicity rights or
Intellectual Property Rights; (iv) violation of any law, rule or regulation of Germany or any other country; (v)
any claim or damages that arise as a result of any data or content that is submitted by the user; or (vi) any
other party's access and use of the Service with the user's unique username, password or other appropriate
security code to the extent that the third-party access resulted from actions/inactions of the user.
(2) Except as provided in clause (1), the Service Provider shall only be liable if it has violated an essential
contractual obligation. Essential contractual obligations refer to obligations whose fulfilment only makes the
implementation of the contractual agreement possible and which the user may normally rely on. In these
cases, liability shall be limited to providing compensation for typically occurring damages which are
foreseeable. In no event shall the Service Provider's aggregate liability under this contract exceed the total
amount paid by the user under the terms of this contract.
(3) The liability prescribed in the Produkthaftungsgesetz [German Product Liability Act] shall remain

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unaffected.

15. Data Protection

(1) The Service Provider shall collect, save and process the user’s personal data only to the extent necessary
for the rendering of the contractual services and permitted by law. The Service Provider shall handle the
personal data confidentially and in accordance with the valid data protection law provisions, and shall not
disclose them to third parties unless it is required for the fulfilment of the contractual obligations and/or there
is a statutory obligation to disclose them to third parties.
(2) If, within the parameters of the use of the Service Provider’s service, the user provides declarations of
consent, it should be noted that these declarations of consent may be revoked by the user at any time with
validity for the future.
(3) The Service Provider shall use an external service provider for processing payments. This external service
provider shall process the user’s personal data only to the extent required and only for the purposes of
fulfilling obligations under this contractual agreement.
(4) The Service Provider has implemented commercially reasonable technical and organizational measures to
secure the user’s personal information from accidental loss and from unauthorized access, use, alteration or
disclosure. However, the Service Provider cannot guarantee that unauthorized third parties will never be able
to defeat those measures or use the user's personal information for improper purposes. The user
acknowledges that they provide their personal information at their own risk.

16. Severability
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid,
illegal, or unenforceable, such provision shall be deemed severed from these Terms and Conditions and shall
not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full
force and effect. In such an event, the parties agree to negotiate in good faith to replace the invalid, illegal, or
unenforceable provision with a valid, legal, and enforceable provision that, to the greatest extent possible,
achieves the original intent and commercial purpose of the invalid, illegal, or unenforceable provision.

17. Warranties and Disclaimers

(1) Warranties: The Service Provider warrants that the services provided under these Terms and Conditions
will be performed in a professional and workmanlike manner, in accordance with generally accepted industry
standards.
(2) Disclaimers: EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, THE
SERVICE PROVIDER MAKES NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED, AND
HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. THE SERVICES AND ANY CONTENT OR MATERIALS PROVIDED THROUGH
THE SERVICE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SERVICE PROVIDER DOES
NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR
COMPLETELY SECURE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
(3) No Reliance: The user acknowledges and agrees that the user is solely responsible for the use of the
services and any decisions made or actions taken based on the information obtained through the use of the
services. The user expressly agrees that the user's reliance on the services and any content or materials
provided through the service is at the user's own risk.
(4) Limitations: The Service Provider shall not be liable for any indirect, incidental, special, consequential, or
punitive damages, or any loss of profits, revenue, data, or data use, arising out of or in connection with these
Terms and Conditions or the services provided hereunder, even if the Service Provider has been advised of
the possibility of such damages.

18. Force Majeure

Neither party shall be held liable or responsible to the other party, nor be deemed to have defaulted under or
breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement
(except for payment obligations), when such failure or delay is caused by or results from events beyond the
reasonable control of the affected party, including but not limited to: flood, fire, earthquake, or explosion;
war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest;
government order, law, or action; embargoes or blockades in effect on or after the date of this Agreement;
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national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances;
widespread internet, telecommunication, or utility failures; or any other events beyond the reasonable control
of the affected party (collectively referred to as "Force Majeure Events"). The party affected by the Force
Majeure Event shall promptly notify the other party, providing details of the event and an estimate of its
expected duration, and shall use its best efforts to minimize the impact of the event on the performance of its
obligations under this Agreement. The performance of the affected party's obligations shall be extended for a
period equal to the duration of the Force Majeure Event. If the Force Majeure Event continues for a period of
more than thirty (30) days, either party may terminate this Agreement upon written notice to the other party
without any liability, except for payment obligations incurred prior to the termination date.

19. Changes to the Terms and Conditions

The Service Provider may modify these Terms and Conditions at any time, even for existing contracts. The
Service Provider will notify registered users of any changes at least 6 weeks prior to the changes becoming
effective. If the user does not object to the changes within 6 weeks of receiving the notification and continues
to use the service after that time, the changes will be considered to have been accepted. The Service Provider
will inform the user of their right to object and the consequences of doing so in the notification. If the user
objects, the Service Provider may terminate the contract when the changes become effective.

20. Final Provisions

(1) These terms and conditions are governed by the laws of the Federal Republic of Germany. The United
Nations Convention on Contracts for the International Sale of Goods does not apply.
(2) If the user is an entrepreneur, a legal entity under public law, or a special foundation under public law, any
legal disputes arising from these terms and conditions will be heard exclusively in the courts located at the
Service Provider's place of business.
(3) If any provision of these terms and conditions is found to be invalid, the remaining provisions will remain
in effect.

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

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