Terms of Service

Welcome to OpenStores. These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you and OpenStores UG (haftungsbeschränkt) ("OpenStores", "we", "us", or "our") governing your access to and use of the OpenStores platform, including our website, APIs, and related services. By creating an account or using our platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

By accessing or using our platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. We reserve the right to modify these Terms at any time, and such modifications will be effective upon posting to the platform.

OpenStores is an AI-powered commerce platform that enables merchants to create storefronts and sell products through conversational AI interfaces. Our platform leverages artificial intelligence to connect merchants with customers through natural language interactions, facilitating product discovery, recommendations, and seamless checkout experiences. We provide tools for store creation, product management, payment processing, order fulfillment tracking, and analytics. The platform operates as a marketplace connecting independent merchants with customers; we do not sell products directly.

To use OpenStores as a merchant, you must meet all of the following requirements:

• Be at least 18 years of age or the age of legal majority in your jurisdiction
• Have a valid business entity, sole proprietorship, or be authorized to conduct commercial transactions in your jurisdiction
• Have full legal authority to accept these Terms and to bind your organization (if applicable)
• Be in compliance with all applicable laws, regulations, and industry standards in your jurisdiction
• Not be located in, or a resident of, a country subject to comprehensive economic sanctions

As a merchant using our platform, you agree to the following obligations and responsibilities:

• Provide accurate, complete, and up-to-date product information including descriptions, images, prices, and availability
• Only sell products and services that are legal in both your jurisdiction and the customer's jurisdiction
• Fulfill orders in a timely manner according to the shipping times you specify and handle returns appropriately
• Provide appropriate customer service and support, responding to customer inquiries within a reasonable timeframe
• Comply with all applicable consumer protection laws, including rights to refunds and accurate product descriptions
• Handle all applicable taxes, duties, and regulatory requirements for your business and transactions
• Maintain accurate inventory levels and promptly update availability to prevent overselling
• Provide accurate shipping information, tracking numbers, and deliver products as described

You may not use our platform to sell, promote, or facilitate the following items or activities. Violation may result in immediate account termination:

• Products or services that are illegal under applicable law in any relevant jurisdiction
• Counterfeit goods, unauthorized replicas, or items that infringe on intellectual property rights
• Hazardous materials, explosives, or products that pose safety risks to consumers
• Weapons, ammunition, firearm parts, or accessories designed to cause harm
• Controlled substances, illegal drugs, drug paraphernalia, or unapproved pharmaceuticals
• Pornographic content, adult services, or sexually explicit materials
• Gambling services, lottery tickets, or games of chance for money
• Fraudulent, deceptive, or misleading products or services
• Stolen goods, items obtained illegally, or products with unclear ownership
• Heavily regulated items without proper licenses (tobacco, alcohol, etc.)

All payments on our platform are processed through Stripe Connect. By using our platform, you agree to Stripe's Connected Account Agreement and Stripe Services Agreement. You authorize us to share necessary information with Stripe for payment processing, identity verification, and fraud prevention. We are not responsible for payment disputes, chargebacks, or issues that fall under Stripe's jurisdiction. Payouts are made according to Stripe's standard payout schedule to your connected bank account. We reserve the right to hold funds in cases of suspected fraud or policy violations.

Users of the platform (customers making purchases) also grant OpenStores the right to use purchase data, browsing behavior, interactions, feedback, ratings, and reviews for platform operations and improvements. This includes the right to analyze user behavior to improve product recommendations, personalize the shopping experience, train AI models on interaction patterns, and use feedback to enhance platform features. User data is processed in accordance with our Privacy Policy and applicable data protection regulations.

You retain ownership of all content you upload to the platform, subject to the data license grant above. You represent and warrant that you have all necessary rights, licenses, and permissions to the content you upload, and that such content does not infringe on any third party's intellectual property rights. OpenStores and its licensors retain all rights, title, and interest in the platform, including its software, design, branding, trademarks, and proprietary technology. You may not copy, modify, distribute, or create derivative works based on our platform without express written permission.

Please read these disclaimers carefully. They limit our liability and your expectations of the service:

• The platform is provided "as is" and "as available" without warranties of any kind, either express or implied
• We do not warrant that the platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components
• We do not guarantee any specific level of uptime, availability, or performance of the platform
• We are not responsible for the actions, content, or policies of third parties including payment processors and shipping carriers
• We do not warrant the accuracy, completeness, or usefulness of any information on the platform

You agree to indemnify, defend, and hold harmless OpenStores and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any third party's rights, including intellectual property rights; (d) any products or services you sell through the platform; or (e) any dispute between you and a customer. We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you.

Any disputes arising from these Terms or your use of the platform shall first be attempted to be resolved through good-faith negotiation. Either party may initiate negotiation by sending written notice describing the dispute to the other party. The parties shall have thirty (30) days to resolve the dispute through negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered by the German Institution of Arbitration (DIS) in accordance with its Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Frankfurt am Main, Germany. The arbitrator's decision shall be final and binding.

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions. Notwithstanding the arbitration agreement above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction. For matters not subject to arbitration, the courts of Frankfurt am Main, Germany shall have exclusive jurisdiction. If you are a consumer residing in the European Union, you may also have the right to invoke the courts of your country of residence for disputes related to consumer protection.

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. For material changes that significantly affect your rights or obligations, we will provide at least thirty (30) days' advance notice via email or prominent notice on the platform. Your continued use of the platform after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the platform and close your account before the changes take effect.

If you have questions about these Terms of Service or need to report a violation, please contact our legal team: