Terms of Service
Last updated: February 2025
1. Provider
The AI platform "Forklift" is operated by:
CyberLife82
Rintheimer Querallee 2
76131 Karlsruhe
Germany
Email: support@forkliftai.de
2. Scope of Application
These Terms govern the use of the Forklift platform.
The service may be used by:
- Entrepreneurs within the meaning of § 14 German Civil Code (BGB), and
- Consumers within the meaning of § 13 BGB.
Different statutory rights may apply to consumers as described below.
3. Subject Matter of the Service
Forklift is a platform that enables users to automate the creation and management of eBay listings.
The Provider may update or improve the service, provided that essential contractual obligations are not materially affected.
No specific commercial success (e.g. sales performance or ranking) is owed.
4. Payment Terms
4.1 Paid Services
Certain features of the Service require payment of subscription fees. Before completing a purchase, users will be informed of the applicable fees.
Unless otherwise stated, all fees are in Euro (EUR) and are non-refundable, except where statutory rights (including consumer withdrawal rights under applicable law) require otherwise.
Applicable pricing and billing terms may be further specified in an Order Form or subscription plan.
4.2 Subscription and Renewal
Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date.
Cancellation takes effect at the end of the current billing period.
5. Account Registration
Use of the service requires registration.
Users must:
- Provide accurate and complete information
- Keep login credentials confidential
- Be responsible for activities under their account
The Provider may suspend accounts in case of misuse or violation of these Terms.
6. Third-Party Services (eBay)
Forklift integrates with eBay to create and manage listings. eBay is an independent third party. Use of eBay is subject to eBay's own terms, policies, and conditions. The Provider is not responsible for eBay's actions, policies, or availability. Users are solely responsible for complying with eBay's requirements and for their eBay account and listings.
7. Term and Termination
The contract runs for the selected subscription period.
Cancellation is possible at any time with effect at the end of the current billing cycle.
Upon termination, access to the service will be disabled.
8. Customer Responsibilities
The customer is solely responsible for:
- The legality of uploaded or generated content
- Compliance with eBay policies
- Compliance with applicable tax and commercial laws
- Compliance with data protection laws when processing third-party data
The Provider does not verify user content for legal compliance.
9. Data Protection
The processing of personal data is governed by the Privacy Policy.
Where the customer processes personal data of third parties via the platform, the customer acts as Controller and CyberLife82 acts as Processor within the meaning of Art. 28 GDPR.
A Data Processing Agreement (DPA) is available upon request and forms part of the contractual relationship.
10. Availability
The Provider strives for high availability but does not guarantee uninterrupted access.
Maintenance, updates, or technical disruptions may occur.
11. Liability
In cases of slight negligence, liability is limited to typical, foreseeable damages and shall not exceed the total fees paid by the customer in the six (6) months preceding the event giving rise to the claim.
Liability for indirect damages, lost profits, or consequential damages is excluded to the extent permitted by law.
Mandatory statutory liability provisions, in particular for consumers, remain unaffected.
12. Intellectual Property
All intellectual property rights in the Forklift platform remain with CyberLife82.
The customer receives a non-exclusive, non-transferable right to use the service during the contract term.
13. Governing Law and Jurisdiction
These Terms are governed by the laws of Germany. For entrepreneurs, the courts at the Provider's place of business have exclusive jurisdiction for disputes arising from or in connection with these Terms. For consumers, statutory jurisdiction rules apply.