These Terms of Service (the "Legal Terms") govern access to and use of the Services provided by FourByte GmbH, doing business as ProfitPath. Please read them carefully. The Services are offered exclusively to business customers and are not offered to consumers.
1. AGREEMENT, BUSINESS-CUSTOMER SCOPE AND COMPANY INFORMATION
We are FourByte GmbH, doing business as ProfitPath ("FourByte", "Company", "we", "us", or "our"), a company registered in Germany at Gerhart-Hauptmann-Str. 49 B, 51379 Leverkusen, Germany. Our VAT identification number is DE364316286. We operate the website ProfitPath (the "Site"), the web application at ProfitPath Dashboard (the "App"), ProfitPath, ProfitGo, ProfitDesk, ProfitGuard and any other products, applications, extensions, APIs, integrations or related services that link to these Legal Terms (collectively, the "Services"). You can contact us by phone at +4915204900745, by email at support@profitpath.com, or by mail to the address above.
The Services are directed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), including natural persons, legal entities and partnerships acting in the exercise of their commercial or independent professional activity ("Business Customers"). By creating an account, purchasing a subscription, connecting a Marketplace account, enabling a feature or otherwise using the Services, you represent that you are acting as a Business Customer and not as a consumer. As the Services are not offered to consumers, no statutory consumer right of withdrawal applies. The Services are intended for users who are at least 18 years old.
If you act on behalf of a company or other legal entity, you represent that you have authority to bind that entity. In that case, "Customer" and "you" refer to that entity and its authorized users.
These Legal Terms, together with any applicable order form, checkout terms, Data Processing Agreement, Privacy Policy, feature-specific notice, service description or other document expressly incorporated by reference, form the agreement between you and FourByte (the "Agreement"). If you do not agree, you must not access or use the Services.
We may update these Legal Terms. Material changes will be communicated in text form in advance, for example by email or an in-product notice. If you do not agree with a change, you may cancel your subscription before the change takes effect; continued use of the Services after the change takes effect constitutes acceptance. Changes required urgently for security, legal or Marketplace compliance reasons may take effect on shorter notice where reasonably necessary.
2. DEFINITIONS AND FEATURE-SPECIFIC APPLICABILITY
2.1 Definitions.
"Authorized User": an individual permitted by the Customer to use the Services for the Customer, including an employee, director, contractor, freelancer or virtual assistant, subject to the applicable plan and seat limits.
"Connected Account": an account with Amazon or another Marketplace, carrier, payment provider, analytics provider, prep center, accounting system, retailer, supplier, or other third-party service that the Customer connects to the Services.
"Customer Data": data, files, documents, product information, supplier information, cost data, purchase data, internal notes, images, content, configurations and other information submitted to the Services by or on behalf of the Customer, excluding Marketplace Data and Contributions.
"Marketplace": Amazon and any other e-commerce marketplace, selling platform or third-party commerce service supported by the Services.
"Marketplace Data": information received, retrieved or derived from a Marketplace or its official APIs, subject to the Marketplace operator's rights, policies and restrictions.
"Automated Action": an action submitted or executed by the Services without a separate manual confirmation immediately before each action, based on rules, settings, thresholds, schedules, workflows, AI outputs or other instructions configured or approved by the Customer.
"AI Feature": any functionality that uses machine learning, generative AI, predictive models, classification, recommendation, automated decision-making or similar technology.
"Usage Data": technical and operational telemetry concerning use and performance of the Services, such as feature usage, error events, latency, security logs, device and session information, excluding information that identifies a Customer's private suppliers, private cost structure, non-public pricing strategy or another Customer's confidential business information unless appropriately de-identified and lawfully usable.
"Contribution": content voluntarily posted by a user to a public or community-facing area of the Services, such as comments, forum posts or community uploads. Customer Data and Marketplace Data are not Contributions.
2.2 Feature-specific terms. Certain provisions apply only when you access, enable, configure, connect or use the relevant feature. For example, Sections 8 to 10 apply to relevant ProfitDesk operational features; Section 12 applies only to automated pricing or repricing functionality; Section 14 applies only to AI Features; and Sections 6, 7 and 15 apply to Connected Accounts and Marketplace integrations.
A Customer that does not use a feature is not required to use that feature and is not subject to operational obligations that are relevant only to that feature. However, the general provisions of these Legal Terms continue to apply to all Services.
References to a named product or feature include successor, replacement, renamed or substantially equivalent functionality made available as part of the Services.
3. OUR SERVICES AND NO PROFESSIONAL ADVICE
The Services may include product research, sourcing data, profitability calculations, product analysis, browser-based analysis, inventory and operational management, listing creation or editing, order and shipment tracking, FBA workflow functionality, reimbursement workflow support, automated pricing, repricing, alerts, exports, AI-assisted tools and other functions.
The Services are software tools. Unless we expressly agree otherwise in a separate written contract, FourByte is not the seller of the Customer's products, merchant of record, commercial agent, tax advisor, accountant, lawyer, customs broker, importer of record, freight forwarder, carrier, warehouse operator, prep center, insurance provider or fiduciary.
Information, calculations, estimates, alerts, forecasts, recommendations, profit figures, sales estimates, fee estimates, tax indications, sourcing opportunities and other outputs are provided as decision-support information only. They do not constitute legal, tax, accounting, investment, customs, product-safety or other professional advice.
The Customer remains responsible for independently evaluating its commercial decisions and for obtaining professional advice where appropriate.
4. USE LICENSE AND INTELLECTUAL PROPERTY
4.1 License. Subject to your compliance with the Agreement and payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right during the subscription term to access and use the Services for the internal business purposes of the contracting Customer.
4.2 Restrictions.
- You may not resell, rent, sublicense, provide service-bureau access to, white-label or otherwise make the Services available to unrelated third parties unless expressly authorized in writing.
- You may not reverse engineer, decompile, disassemble or attempt to derive source code, algorithms, model weights or non-public technical logic, except to the limited extent such restriction is prohibited by mandatory law.
- You may not remove proprietary notices or use the Services to build, train or materially improve a competing product by systematically extracting our content, data assets, feature logic or protected outputs.
- You may not access the Services through scraping, browser automation, headless browsers, AI agents, unauthorized bots or other automated means except through APIs, exports or integrations expressly made available or authorized by us.
4.3 Our intellectual property. FourByte and its licensors retain all right, title and interest in and to the Services, software, source code, databases, user interfaces, designs, documentation, models, algorithms, trademarks, logos and other proprietary content, excluding Customer Data, Marketplace Data and third-party content.
4.4 Feedback. If you voluntarily provide suggestions, ideas, feature requests or other feedback about the Services ("Feedback"), you grant FourByte a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, reproduce, modify and exploit that Feedback for any lawful purpose without payment or attribution. Feedback does not include Customer Data or Marketplace Data.
5. USER REGISTRATION, ACCOUNTS, SEATS AND SECURITY
Registration information must be accurate, current and complete. You must keep account credentials confidential and use reasonable security measures, including multi-factor authentication where made available or required. You are responsible for activities carried out through your account by your Authorized Users, except to the extent caused by a security breach attributable to FourByte under applicable law.
5.1 Contracting company. Your account may only be used by and for the contracting Customer. You may not share your login credentials with third parties, including other companies, merchants, partners, agencies or community members. Each legally independent company requires its own subscription; one subscription may not be used for multiple unrelated or separately operated businesses unless the plan or a written agreement expressly permits this. Multiple managing directors or authorized representatives of the same Customer may use the Services for that Customer, provided they act exclusively for that Customer, the use remains within the booked plan and its limits, and the affiliation with the Customer can be plausibly evidenced upon our request.
5.2 Seats. Where a plan includes additional seats, each seat must be assigned to one identified individual acting solely for the Customer. Seat credentials may not be shared among multiple persons, sold, rented, transferred or used for the assignee's own separate business or for unrelated clients. Seats may not be used to circumvent account, device, trial, plan or usage limits. You must revoke access as soon as an assignee is no longer engaged by you.
5.3 Security events. You must promptly notify us if you suspect unauthorized access, credential compromise or misuse of your account or a Connected Account. We may require password resets, session termination, token revocation, re-authentication or other reasonable protective measures.
6. CONNECTED ACCOUNTS AND MARKETPLACE AUTHORIZATION
6.1 Authorization to connect. If you connect a Marketplace or other third-party account, you represent that you are the account owner or are duly authorized by the account owner to grant the permissions requested by the Services. You must not connect an account that you are not authorized to control.
6.2 Technical authorization. By connecting a Connected Account and enabling relevant functionality, you expressly instruct and authorize FourByte, through the official APIs, authorization mechanisms and interfaces made available by the applicable third party, to access, retrieve, transmit and process data and to perform the actions reasonably necessary to provide the functions you enable. Depending on the enabled feature, such actions may include:
- retrieving listings, offers, prices, inventory, orders, shipments, returns, reimbursements, fees, account status and other supported data;
- creating, updating, partially updating, deactivating or deleting offers or listings where supported and instructed;
- submitting product content, media, quantities, prices, minimum or maximum prices and other offer attributes;
- creating, preparing, updating or transmitting FBA or other fulfillment shipment information;
- retrieving and synchronizing operational, fulfillment and order information;
- performing Automated Actions based on Customer-selected rules, schedules, thresholds, workflows or AI-assisted settings; and
- using subprocessors and infrastructure providers to the extent necessary to provide the relevant feature and permitted by applicable law and third-party platform rules.
6.3 Scope of authority. This authorization is limited to the technical provision of the Services and the functionality you have enabled. It does not create a general power of attorney, commercial agency, partnership, joint venture, fiduciary relationship or authority for FourByte to enter into unrelated commercial transactions on your behalf.
6.4 Revocation. You may revoke a Connected Account authorization through the applicable Marketplace or the Services where supported. Revocation may immediately disable features that depend on that connection. We may also revoke or disable integrations where required by law, security requirements, the applicable Marketplace or these Legal Terms.
7. MARKETPLACE RULES AND CUSTOMER RESPONSIBILITIES
The Customer remains the seller, account holder and commercial decision-maker in relation to its Marketplace activity. The Customer is responsible for complying with the agreements, policies, program rules and technical requirements of each Marketplace it uses, including Amazon's Business Solutions Agreement, Solution Provider or API rules where applicable, listing and product policies, pricing policies, restricted-products rules, intellectual-property rules, fulfillment requirements and account-health requirements.
The Customer is responsible for determining whether its products and activities may lawfully be offered in each jurisdiction and Marketplace. This includes, where applicable, product safety, labeling, packaging, environmental, customs, import/export, tax, VAT, OSS/IOSS, EPR, CE, GPSR, dangerous-goods, trademark, copyright, design, advertising, consumer-protection and sector-specific requirements.
The Customer must monitor Marketplace notices, warnings, errors, account-health messages, deactivations, suppressed listings and other compliance communications and take appropriate action. Use of the Services does not transfer this responsibility to FourByte.
7.1 Suspected Marketplace violations. If we reasonably suspect that a Customer is using the Services to violate a binding Marketplace agreement or policy, or where a Marketplace requires us to act, we may investigate and may restrict or block the affected Connected Account, integration, feature or account. Where required by applicable law or binding Marketplace rules, we may report suspected misuse and relevant information to the applicable Marketplace operator or competent authority.
8. PROFITDESK AND OPERATIONAL MARKETPLACE FEATURES
ProfitDesk and related operational features may assist with purchasing records, inventory management, listings, prep and shipment workflows, FBA operations, returns, reimbursements, order and fulfillment tracking, analytics, virtual-assistant workflows and other operational tasks.
ProfitDesk is a software layer that can store, display, calculate, transform or transmit information and, where enabled, submit operational actions to a Marketplace. Unless expressly agreed otherwise, ProfitDesk does not physically inspect, possess, pack, label, ship, warehouse or insure the Customer's goods.
The Customer remains responsible for the factual accuracy of purchase, supplier, origin, cost, quantity, condition, invoice and operational information entered into or connected to ProfitDesk and for retaining legally required source documents.
9. LISTINGS, CATALOG CONTENT AND PRODUCT INFORMATION
9.1 Listing functionality. Where listing functionality is enabled, the Services may create drafts, validate data, submit, create, fully update, partially update, merge, deactivate or delete listing or offer information through supported Marketplace interfaces.
9.2 Customer responsibility for listing content. The Customer is responsible for the accuracy, completeness, legality and Marketplace compliance of all listing and product information submitted through the Services, including titles, bullet points, descriptions, product attributes, variation relationships, brands, manufacturer information, GTIN/EAN/UPC identifiers, condition, images, media, claims, safety warnings, certifications and other content.
The Customer represents that it has all rights, licenses, authorizations and permissions necessary to use and submit such content and that doing so does not infringe intellectual-property, privacy, publicity or other third-party rights.
9.3 Offer data and shared catalog data. The Customer acknowledges that a Marketplace may distinguish between seller-specific offer information and shared catalog or product-detail information. Where the Services allow submission of data that may affect shared catalog content, the Customer must ensure that it is permitted by the Marketplace and legally authorized to submit or change that information.
9.4 Processing status. A successful technical submission or an "accepted" API response does not necessarily mean that the Marketplace has finally approved, published or fully processed the requested change. Marketplace processing may be asynchronous, and errors or policy issues may arise after initial acceptance.
10. INVENTORY, ORDERS, FBA SHIPMENTS AND LOGISTICS DATA
10.1 Inventory and order information. Inventory, order, return, reimbursement, fulfillment and shipment data displayed by the Services may be received from third parties and may differ temporarily from the live state of a Marketplace. The Customer must use commercially reasonable checks for business-critical decisions and should not rely on the Services as its sole permanent accounting, tax, legal or inventory record.
10.2 FBA and shipment workflows. Where the Services prepare, create, announce, update or transmit shipment information, the Customer remains responsible for the actual goods and for all physical and legal shipment requirements, including SKU and quantity accuracy, carton contents, measurements, weight, packaging, labels, prep requirements, dangerous-goods classification, customs information, transport arrangements, destination requirements and physical handover to the carrier or fulfillment network.
Unless expressly agreed in a separate contract, FourByte is not a carrier, freight forwarder, warehouse operator, customs broker, importer of record or shipment guarantor and does not guarantee check-in times, receiving quantities, reimbursement outcomes or other fulfillment-network results.
11. AUTOMATED ACTIONS AND WORKFLOW AUTOMATIONS
11.1 Express activation. Certain Services may allow the Customer to enable Automated Actions. By enabling such functionality, the Customer expressly instructs the Services to execute eligible actions without an individual manual confirmation immediately before each action, based on the rules, parameters, thresholds, schedules, workflows, data sources or AI-assisted settings selected or approved by the Customer.
11.2 Economic and operational consequences. The Customer acknowledges that Automated Actions can have immediate commercial and operational effects, including changing prices or quantities, modifying listings, creating shipment records, changing statuses, sending data to a Marketplace or performing other actions that may affect sales, inventory, fees, account health or fulfillment workflows.
11.3 Configuration and review. The Customer is responsible for configuring Automated Actions appropriately for its business, keeping relevant input data current and reviewing settings, alerts and results at reasonable intervals. The Customer must promptly disable or adjust an automation if it becomes unsuitable for the Customer's business or legal obligations.
11.4 Protective controls. We may implement technical limits, validation checks, thresholds, cooldown periods, rate limits, anomaly detection, staged execution, confirmation requirements or other protective measures. Such measures may delay, reject, modify the execution path of or pause an Automated Action where reasonably necessary for security, data integrity, Marketplace compliance, abuse prevention or risk control. Protective controls do not eliminate the Customer's responsibilities under the Agreement.
12. PROFITGUARD AND AUTOMATED PRICING / REPRICING
This Section applies only when the Customer uses ProfitGuard or any other automated pricing or repricing functionality.
12.1 Authorization to change prices. By activating an automated pricing feature for a SKU, offer, account or Marketplace, the Customer expressly instructs and authorizes FourByte to submit price changes automatically to the relevant Marketplace based on the applicable strategy, parameters, limits and data sources.
12.2 Customer pricing parameters. The Customer is responsible for the commercial suitability and accuracy of all pricing-related inputs and settings, including purchase cost, taxes, VAT assumptions, Marketplace and fulfillment fees, shipping and prep costs, currency, minimum price, maximum price, margin targets, SKU selection, strategy selection, exclusions and any other thresholds or constraints used by the feature.
Where the product requires minimum and/or maximum price guardrails or other required inputs, repricing will not operate until the required parameters are provided and accepted. FourByte may introduce or change safety requirements where reasonably necessary for security, Marketplace rules or risk control.
12.3 No Buy Box or outcome guarantee. Automated pricing is intended to optimize pricing based on selected strategies and available data. FourByte does not guarantee Featured Offer or Buy Box eligibility or placement, any Buy Box share, sales volume, revenue, profit, margin, ranking, conversion rate, inventory turnover, seller performance, competitive position or any specific selling price.
12.4 Price movements and monitoring. Automated prices may move quickly within configured constraints in response to data changes, competitor activity, Marketplace conditions, inventory signals or strategy rules. The Customer must use commercially reasonable monitoring and must respond to alerts, obviously incorrect results or materially changed business conditions.
12.5 Pricing errors and source allocation. Where an incorrect or commercially undesirable price results from inaccurate or outdated Customer inputs, Customer-selected rules, Customer-authorized settings or Customer data, the Customer bears responsibility for those inputs and settings. Where an issue is caused by Marketplace data latency, third-party API errors or other external systems, Section 15 applies. Where loss is caused by a breach attributable to FourByte, liability is governed exclusively by Section 28 and mandatory law.
12.6 Emergency repricing controls. We may pause or disable repricing for individual SKUs, Marketplaces or accounts where we detect abnormal price changes, stale or inconsistent data, missing critical inputs, API instability, security concerns, suspected policy violations or other conditions that could create material harm. We may also require re-confirmation of pricing settings after significant configuration changes or prolonged inactivity.
13. COMPETITION LAW AND PRICING INTEGRITY
The Services may not be used to enter into, implement, facilitate, monitor or enforce an unlawful agreement, concerted practice or understanding with a competitor concerning prices, discounts, margins, minimum or maximum prices, output, customers, territories, bids, inventory allocation or other competitively sensitive trading conditions.
Without limiting the foregoing, the Customer must not use the Services to implement a competitor agreement not to undercut another seller, to coordinate a common price floor or discount limit, or to exchange non-public competitively sensitive information in violation of applicable competition or antitrust law.
FourByte may design pricing functionality to use the Customer's own data together with lawfully available Marketplace or market data. We may restrict the use or cross-customer sharing of non-public pricing, cost, sales or strategy data where required by Marketplace rules, data-protection law, confidentiality obligations or competition law.
We may suspend or disable functionality where we reasonably believe the Customer is using the Services in a manner that creates a material competition-law or Marketplace-compliance risk.
14. ARTIFICIAL INTELLIGENCE FEATURES
14.1 Nature of AI output. AI Features may generate, classify, summarize, recommend, transform or predict information. AI output may be inaccurate, incomplete, outdated, misleading, unsuitable for a specific purpose or legally non-compliant. AI output is not a substitute for appropriate business review or professional advice.
14.2 Customer responsibility. The Customer is responsible for the lawfulness and accuracy of inputs provided to AI Features and for determining whether AI output may lawfully and appropriately be used, published, submitted to a Marketplace or relied upon for a business decision.
14.3 Manual approval and automated publication. Where an AI Feature provides a draft for manual review, the Customer is responsible for reviewing it before publication or submission. Where the Customer expressly enables automated generation and publication or another AI-driven Automated Action, the Customer instructs the Services to proceed without a separate manual approval for each output, subject to applicable safety controls.
14.4 Transparency, labels and metadata. We may add, preserve or transmit notices, labels, provenance information, metadata or machine-readable information where required by applicable law, Marketplace rules or technical standards. The Customer must not intentionally remove, suppress or circumvent disclosures that are legally or contractually required.
14.5 Model providers. AI Features may rely on third-party model or infrastructure providers. Their availability and output may change. Where personal data is processed on behalf of the Customer through an AI Feature, the applicable Data Processing Agreement and Privacy Policy govern the processing relationship.
15. THIRD-PARTY APIS, MARKETPLACE DATA AND DATA FRESHNESS
15.1 Third-party dependency. Many Services depend on Amazon, other Marketplaces, retailers, carriers, payment providers, analytics providers, browsers, operating systems, cloud infrastructure and other third-party systems that FourByte does not control.
15.2 Delays and discrepancies. Third-party data may be delayed, incomplete, unavailable, inconsistent, corrected after receipt or subject to rate limits. An API may accept a request for processing and later reject, suppress or modify the resulting state. The Services therefore may temporarily display information that differs from the live status shown by the relevant third party.
15.3 API and policy changes. Third parties may change APIs, permissions, schemas, rate limits, data fields, technical requirements, platform rules, access rights or available functionality. We may adapt, limit, suspend or discontinue affected functionality where reasonably necessary to remain compliant or technically operable.
15.4 No circumvention. We are not required to circumvent a Marketplace restriction or access data or functionality through unauthorized methods in order to continue a feature. If a supported API or permission is removed, the affected feature may be reduced or discontinued in accordance with Section 24.
16. CUSTOMER DATA, MARKETPLACE DATA, USAGE DATA AND FEEDBACK
16.1 Customer Data rights. As between FourByte and the Customer, and subject to third-party rights, the Customer retains its rights in Customer Data. The Customer grants FourByte a non-exclusive, worldwide right during the Agreement, and for any limited retention period permitted by this Agreement, to host, copy, transmit, format, transform and otherwise process Customer Data only to the extent reasonably necessary to provide, secure, maintain and support the Services, comply with law, enforce the Agreement and exercise rights expressly granted by the Customer.
16.2 Marketplace Data. Marketplace Data is subject to the rights and restrictions of the relevant Marketplace and applicable law. Nothing in these Legal Terms grants the Customer or FourByte broader rights in Marketplace Data than either party is permitted to exercise under the applicable Marketplace rules or law. We may restrict storage, use, export, disclosure, aggregation or retention of Marketplace Data where required by those rules.
16.3 Usage Data. We may collect and use Usage Data to operate, secure, troubleshoot, measure, analyze and improve the Services, perform capacity planning, prevent abuse and develop features, provided that our use complies with applicable law and binding Marketplace restrictions. We will not provide or sell cross-customer Amazon API data or private Customer business information to competing customers in a manner prohibited by applicable Marketplace rules.
16.4 No hidden transfer into Contributions. Customer Data and Marketplace Data are expressly excluded from the definitions of Contributions and Feedback. Uploading operational data to ProfitDesk or connecting an Amazon account does not grant FourByte the public-content license described in Section 17.
17. USER GENERATED CONTRIBUTIONS
The Services may include public or community-facing areas where users can post Contributions. Contributions may be visible to other users or the public. You are responsible for Contributions you post and represent that you have the rights and permissions required to post them and that they do not violate law, third-party rights or these Legal Terms.
By posting a Contribution in a public or community-facing area, you grant FourByte a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, reproduce, display, distribute, format and technically adapt that Contribution as reasonably necessary to operate, moderate and promote the relevant community or Service. This license does not apply to Customer Data or Marketplace Data.
We may remove, restrict or moderate Contributions that we reasonably believe violate law, third-party rights, Marketplace rules or these Legal Terms. We have no general obligation to monitor all Contributions. If you believe that material available on or through the Services infringes a copyright or other right you own or control, please notify us using the contact details in Section 35.
18. PURCHASES AND PAYMENT
We accept the payment methods displayed at checkout. Card and other payments are processed by Stripe or another payment service provider. You must provide accurate billing and tax information and keep it updated. Invoices are issued electronically via our payment service provider.
Subscription fees are generally charged in advance for the applicable monthly or annual billing period. Unless otherwise stated at checkout, billing is in EUR. VAT or other taxes will be added where required by law. Display of a reference price in another currency (for example, GBP) does not change the billing currency unless expressly stated at checkout.
You authorize recurring charges until the relevant subscription is cancelled in accordance with Section 19. If payment fails, we or our payment provider may retry the payment and we may restrict access after reasonable notice or immediately where continued access would create material credit risk. Reactivation may be made conditional upon full payment of all outstanding amounts. Statutory default rights remain unaffected.
We may correct obvious pricing or billing errors and may refuse an order. Material subscription price changes for renewals will be communicated in advance as required by applicable law and Section 24.
19. TRIALS, CANCELLATION, UPGRADES, DOWNGRADES AND REFUNDS
19.1 Free trial. New subscriptions include a 14-day free trial unless a different period is stated at checkout. Customers referred through our partner program may receive a trial of up to 28 days. Trial availability and duration may vary by product, promotion or region.
19.2 Trial eligibility. As a rule, each natural person and each contracting company is eligible for one free trial only, including entities under common ownership or control where trial use is effectively shared or coordinated. Creating multiple accounts, using different emails, payment methods, devices, browsers or affiliated entities to circumvent trial limits is prohibited. We may grant exceptions at our discretion without creating a right to future exceptions. In the event of concrete indications of trial abuse, we may suspend the affected accounts and accounts reasonably attributable to the same person or company in accordance with Section 25.
19.3 Cancellation. You may cancel a subscription through the account interface or another cancellation method made available by us. Ordinary cancellation takes effect at the end of the current paid term and prevents the next automatic renewal; you retain access until then. If you cancel during the trial period, access ends no later than the end of the trial period and no conversion into a paid subscription takes place.
19.4 Upgrades and downgrades. Upgrades may take effect immediately and may be billed on a prorated basis. Downgrades generally take effect at the end of the current billing period. Features, seats, devices, saved data, integrations, quotas or automations exceeding the new plan limits may be restricted or disabled when the downgrade takes effect.
19.5 Refunds. Unless required by mandatory law or expressly agreed otherwise, prepaid fees are not refundable solely because of non-use, low use, ordinary cancellation or downgrade during an already commenced billing period. We may grant refunds, credits or extensions as goodwill without creating an obligation to do so in future cases.
19.6 Account deletion and active subscriptions. Deleting your account is separate from cancelling your subscription. If you request the deletion of your account while a paid subscription is still active, your account will generally be deleted within 7 to 14 days of your request, but may be deleted earlier. Upon deletion, your access to the Services ends and any running subscription is cancelled automatically; no refund, credit or other compensation is granted for the unused portion of the subscription period. If you only wish to prevent renewal, please cancel your subscription instead of requesting account deletion. Mandatory statutory rights remain unaffected.
20. PROHIBITED ACTIVITIES AND FAIR USE
You may use the Services only for lawful internal business purposes and in accordance with plan limits, technical restrictions, Marketplace rules and these Legal Terms. In particular, you may not:
- use the Services for unlawful, fraudulent, deceptive or unauthorized activity;
- access, scrape, crawl, mirror or systematically extract the Services or our databases through unauthorized automated means, including headless browsers, browser automations or AI agents;
- circumvent security controls, authentication, usage limits, rate limits, device limits, seat limits, trial limits or other technical restrictions;
- introduce malware, malicious code, denial-of-service traffic or other harmful material;
- attempt to gain unauthorized access to another user, Customer, Connected Account, system or data set;
- resell, sublicense, redistribute or commercially exploit the Services for unrelated third parties without written permission;
- copy, aggregate or publish bulk data from the Services except through official export functionality and within applicable rights and plan limits;
- use the Services or our protected content to train or fine-tune a competing AI model or materially reproduce our proprietary product logic without written permission;
- use Customer or Marketplace data obtained through the Services in violation of privacy, confidentiality, competition, data-protection or Marketplace restrictions;
- use the Services for price fixing, bid rigging, market allocation or another unlawful anticompetitive arrangement;
- impersonate another person or entity, submit false information, or connect an account without authorization;
- use the Services in a manner that materially harms stability, security, performance or other customers.
The foregoing does not prohibit normal manual use of the Services or the use of export functions, APIs or integrations officially provided or expressly authorized by us, in each case within the applicable plan limits. We may monitor technical usage to enforce these rules and may apply reasonable quotas, rate limits or protective restrictions necessary to maintain system integrity and fair access.
21. THIRD-PARTY WEBSITES, SERVICES AND INTEGRATIONS
The Services may link to or integrate with third-party websites, applications, data providers, Marketplaces, retailers, carriers, payment processors, analytics providers or other services. Those third parties are independent from FourByte and may apply their own terms and privacy practices.
Unless expressly stated otherwise, FourByte does not control or endorse third-party services and is not responsible for their independent acts, content, policies, availability or commercial transactions. This does not limit FourByte's liability where mandatory law provides otherwise or where loss is attributable to a breach by FourByte under Section 28.
22. PRIVACY, DATA PROCESSING AND MARKETPLACE DATA PROTECTION
Our Privacy Policy describes how FourByte processes personal data for its own purposes. Where FourByte processes personal data on behalf of a Customer as a processor, the applicable Data Processing Agreement ("DPA") forms part of the Agreement and governs that processing.
The Customer is responsible for determining its own lawful basis, transparency obligations and other data-protection responsibilities in relation to personal data it uploads, connects or instructs us to process, except for obligations allocated to FourByte by applicable law or the DPA.
Marketplace Data may be subject to additional contractual security, access, retention, sharing and deletion requirements imposed by the Marketplace. We may apply stricter technical and retention controls to such data than to ordinary Customer Data where necessary to comply with those requirements.
If a Marketplace requires us to delete data following authorization revocation, account disconnection, termination or a Marketplace request, we may delete the affected Marketplace Data within the required period even if a longer general retention period would otherwise apply.
23. SECURITY, MONITORING, AUDIT LOGS AND EMERGENCY CONTROLS
23.1 Security measures. We maintain technical and organizational measures appropriate to the nature of the Services and the data processed, subject to the DPA, Privacy Policy and binding Marketplace security requirements.
23.2 Operational and security logging. We may maintain logs of access, configuration changes, API calls, system events and Automated Actions for security, troubleshooting, compliance, auditability and dispute resolution, subject to applicable data-protection and Marketplace restrictions.
23.3 Automated-action audit trails. For business-critical automated features, we may record relevant execution information such as time, account, SKU or object, old value, new value, triggering rule, user configuration, status, error response and other information reasonably necessary to understand what occurred.
23.4 Emergency controls. We may immediately pause, restrict or disable a session, token, Connected Account, integration, automation, SKU, Marketplace or other affected function where we reasonably believe this is necessary to address a security incident, suspected abuse, material data-integrity problem, abnormal Automated Action, legal requirement, Marketplace instruction or material risk of harm. We will use reasonable efforts to limit the restriction to what is necessary and to restore functionality once the issue is resolved where appropriate.
24. SERVICE MANAGEMENT, CHANGES AND INTERRUPTIONS
24.1 Service evolution. We may modify, improve, replace, rename or discontinue features where reasonably necessary for technical, security, legal, Marketplace, product or commercial reasons. We may also change plan limits and service descriptions for future billing periods.
24.2 Material adverse changes. Where we make a material adverse change to core paid functionality during a prepaid term and the change is not reasonably required by law, security, abuse prevention or a third-party platform change outside our control, we will provide reasonable advance notice where practicable. If the change materially deprives the Customer of the principal paid use of the affected Service, the Customer may contact us within 30 days of the change to request termination of the affected subscription and a pro-rata refund of prepaid fees for the unused portion, unless an equivalent replacement functionality is provided.
24.3 Interruptions. The Services may experience maintenance, outages, delays, errors, third-party incidents or force-majeure events. We do not guarantee uninterrupted or error-free availability. We will use commercially reasonable efforts appropriate to the Service to maintain availability and address material incidents, but no service-level commitment applies unless expressly agreed in writing.
24.4 Third-party changes. If a Marketplace or other third party changes or withdraws an API, permission, data field, program or rule, we may change or discontinue affected functionality without liability for the third party's act itself. Our obligations regarding our own implementation remain subject to Section 28.
25. TERM, SUSPENSION AND TERMINATION
These Legal Terms remain in effect while you use the Services or maintain an active account or subscription.
25.1 Suspension. We may temporarily restrict or suspend access where there are concrete indications of payment default, security risk, trial abuse, scraping, bot usage, automated data extraction, reverse engineering, credential compromise, unauthorized or cross-company account sharing, unlawful activity, Marketplace-policy violations, misuse of Automated Actions, data-exfiltration risk or another material breach. In the event of acute security, abuse or data-exfiltration risks, this may occur without prior notice; to the extent technically necessary and legally permissible, we may terminate sessions and block tokens, devices, IP connections, API access or integrations. Where practicable and consistent with security and Marketplace obligations, we will provide notice and an opportunity to remedy before permanent termination. If the indications are not confirmed, access will be restored. Connected accounts may be reviewed and suspended if they are demonstrably part of the same abuse. A suspension does not release you from payment obligations already incurred.
25.2 Termination for cause. Either party may terminate the Agreement for compelling reason in accordance with applicable law. We may terminate immediately for a confirmed intentional or serious violation, repeated material breach after notice, unlawful use, material security abuse, conduct that could cause loss of Marketplace/API access, or where a Marketplace or competent authority requires termination of the relevant access. A mere unconfirmed suspicion alone does not result in a final termination. If we terminate your account for cause, you may not register a new account under your name, another name or the name of a third party without our prior consent.
25.3 Ordinary termination by FourByte. If the Customer has a paid subscription and is not in breach, an ordinary termination by FourByte will generally take effect at the end of the paid subscription term already invoiced, unless a product is discontinued under Section 24.2.
25.4 Effect of termination. Upon termination or expiry, the license ends and the Customer must stop using the affected Services. Connected Account tokens may be revoked. Outstanding payment obligations and provisions that by their nature should survive termination, including intellectual-property, confidentiality, liability, indemnification, data-retention, dispute and audit provisions, remain effective. Statutory claims, in particular for injunctive relief, information and damages, remain unaffected.
26. DATA EXPORT, RETURN AND DELETION
26.1 Export. During an active subscription, the Customer may use export functionality made available for the relevant Service, subject to plan limits, security restrictions, third-party rights and Marketplace rules. We do not guarantee that every data field or derived value is exportable in every format.
26.2 Post-termination access. Where reasonably practicable and legally permitted, we may provide a limited period after termination for export of supported Customer Data. Marketplace Data may be unavailable or deleted earlier where required by Marketplace rules, authorization revocation or law. The Customer should maintain independent copies of business-critical records where reasonably practicable.
26.3 Deletion. After termination or when data is no longer required, we may delete Customer Data according to our retention schedule and the DPA. Marketplace Data will be deleted within any shorter period required by the applicable Marketplace. Backup copies may persist temporarily until overwritten in the ordinary backup lifecycle, unless Marketplace or legal requirements require earlier secure deletion.
26.4 Legal retention. We may retain limited information where required by tax, accounting, security, fraud-prevention, litigation-hold or other legal obligations, subject to appropriate access restrictions.
27. DISCLAIMERS AND NO OUTCOME GUARANTEES
To the fullest extent permitted by applicable law and subject always to Section 28, the Services are provided on an "as available" basis. We do not guarantee that every feature will be uninterrupted, error-free, complete, current or compatible with every third-party account, product type, Marketplace or business model.
We do not guarantee the accuracy or completeness of third-party data, sales estimates, fee estimates, profit calculations, historical data, forecasts, recommendations, AI output or Marketplace status information. The Customer should validate information that is material to its business before acting where commercially reasonable.
FourByte does not guarantee any sourcing opportunity, approval, ungating result, product eligibility, listing approval, Featured Offer or Buy Box placement, sales, revenue, profit, margin, reimbursement, return outcome, account-health result, ranking, competitive position or other business outcome.
Nothing in this Section excludes warranties, remedies or liabilities that cannot be excluded under mandatory law.
28. LIMITATIONS OF LIABILITY
FourByte shall have unlimited liability for damages caused by intent or gross negligence, in the event of injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), to the extent a guarantee has been given, and in any other case in which liability cannot lawfully be excluded or limited.
In the event of a slightly negligent breach of a material contractual obligation (an obligation whose performance is essential for the proper execution of the Agreement and on whose performance the Customer may regularly rely), FourByte's liability is limited to the foreseeable damage typical for this type of contract. Any further liability for slight negligence is excluded.
These limitations apply accordingly to FourByte's directors, employees, representatives, agents and vicarious agents.
Where and to the extent liability is validly limited under this Section, claims for loss of profit, indirect loss, consequential loss, business interruption or data reconstruction are recoverable only to the extent such loss constitutes foreseeable damage typical for the contract and is otherwise recoverable under applicable law.
Nothing in Sections 6 to 27 creates a broader exclusion of liability than is permitted by this Section 28 or mandatory applicable law. In particular, disclaimers concerning Marketplace data, Automated Actions, AI output or third-party systems allocate responsibility for external or Customer-controlled risks but do not exclude liability for a breach attributable to FourByte where liability exists under this Section.
29. INDEMNIFICATION
To the extent the Customer is responsible for the underlying conduct, the Customer shall indemnify and hold FourByte harmless from third-party claims, reasonable external legal fees and direct costs arising from:
- Customer Data, Contributions, product content, images, trademarks, product claims or other materials supplied or authorized by the Customer that infringe third-party rights;
- illegal, unsafe, restricted, counterfeit or non-compliant products offered by the Customer;
- Customer violations of Marketplace agreements, product-safety, labeling, tax, customs, sanctions, data-protection, advertising, intellectual-property or competition laws;
- unauthorized use of a Connected Account or instructions given by the Customer or its Authorized Users;
- an unlawful pricing agreement, collusive conduct or other anticompetitive activity implemented or facilitated at the Customer's direction; or
- a material breach of the Agreement by the Customer that causes a third-party claim.
FourByte will provide reasonable notice of a covered claim and permit the Customer to participate in the defense, provided that FourByte may retain control where necessary to protect its own legal or regulatory interests. No settlement imposing liability, admission or non-monetary obligation on FourByte may be entered into without FourByte's prior written consent, not to be unreasonably withheld where the settlement fully releases FourByte.
30. EXPORT CONTROLS, SANCTIONS AND RESTRICTED JURISDICTIONS
The Customer may not access, export, re-export, provide or use the Services in a manner that would violate applicable sanctions, export-control, trade-control or embargo laws binding on FourByte, the Customer or the relevant transaction.
The Customer represents that it is not prohibited from receiving the Services under applicable sanctions or export-control laws. We may refuse, restrict, suspend or terminate access where reasonably necessary to comply with such laws, banking restrictions, payment-provider requirements or binding governmental orders.
31. GOVERNING LAW, JURISDICTION AND MANDATORY LAW
31.1 Governing law. The Agreement is governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules to the extent permitted and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
31.2 Jurisdiction. The exclusive place of jurisdiction for disputes arising from or in connection with the Agreement is Cologne, Germany, provided the Customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or where another jurisdiction agreement is validly permitted. Before initiating proceedings, we ask that you first contact us at support@profitpath.com so that we can attempt to resolve the matter amicably.
31.3 Mandatory law. Nothing in the Agreement excludes, restricts or modifies a right, remedy, liability or statutory protection that cannot lawfully be excluded, restricted or modified. If mandatory provisions of the Customer's jurisdiction apply notwithstanding the choice of German law, those mandatory provisions remain unaffected to that extent.
31.4 International use. The Services are not intended to subject FourByte to a licensing, registration or regulatory requirement in a jurisdiction solely because a Customer accesses the Services from that jurisdiction. Customers choosing to use the Services internationally remain responsible for local laws applicable to their own business, products and Marketplace activity.
32. ELECTRONIC COMMUNICATIONS AND SIGNATURES
You consent to receive contractual notices and other communications electronically, including by email and in-product notices. Electronic communications satisfy written-form requirements to the extent permitted by applicable law.
You agree to electronic contracts, records, orders and signatures where legally valid. This does not waive any mandatory form requirement that cannot lawfully be satisfied electronically.
33. MISCELLANEOUS
33.1 Entire agreement and priority. The Agreement constitutes the entire agreement concerning the Services and supersedes prior discussions concerning the same subject matter. Individually negotiated terms and signed order forms prevail over these Legal Terms to the extent of a conflict. The DPA prevails for processor obligations concerning personal data. A feature-specific written addendum prevails for the feature it expressly governs.
33.2 No waiver. Failure to enforce a provision is not a waiver of that provision or any other right.
33.3 Assignment. The Customer may not assign the Agreement without our prior written consent, which will not be unreasonably withheld in connection with a bona fide internal reorganization or transfer of substantially all relevant business assets, subject to credit, sanctions and compliance review. FourByte may assign the Agreement in connection with a merger, reorganization, sale of business, asset transfer or group restructuring, provided that the assignee assumes the relevant obligations and mandatory law is observed.
33.4 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as widespread internet or cloud failures, natural disasters, war, terrorism, civil unrest, epidemic, governmental action, labor disputes not limited to the affected party, major cyber incidents or third-party infrastructure failures, provided that the affected party uses reasonable efforts to mitigate the effects. Payment obligations for Services already provided are not excused.
33.5 Severability. If a provision is invalid or unenforceable, the remaining provisions remain effective. The invalid provision will be replaced by the applicable statutory rule or, where legally permissible, interpreted to approximate the parties' lawful commercial intent.
33.6 No agency or partnership. Except for the limited technical authorization expressly described in Section 6, no partnership, joint venture, employment, fiduciary or commercial agency relationship is created between the parties.
33.7 Language. These Legal Terms are made available in several languages. In the event of discrepancies between the language versions, the German version prevails to the extent permitted by applicable mandatory law.
33.8 Headings. Headings are for convenience only and do not limit the interpretation of the Agreement.
34. F&F AFFILIATE PROGRAM TERMS
This Section applies only to participation in the Friends & Family (F&F) Affiliate Program and supplements our separate Affiliate & Referral Program Terms. If those Program Terms conflict with this Section, the Program Terms prevail.
34.1 Review and credit cycle. Qualified commissions are reviewed periodically, generally on a 90-day cycle. Approved F&F commissions are credited as a non-cash account balance (for example, your Stripe customer balance) for eligible FourByte services and applied automatically to future billing, unless the applicable program terms state otherwise.
34.2 Eligibility. The F&F program applies to first-time customers only. Commission credit may be denied or reversed for refunded transactions, fraud, self-referrals, duplicate, existing or former customers, manipulated referrals, chargebacks or other activity that violates the program rules.
34.3 Non-cash balance. Unless expressly stated otherwise, F&F balances are non-withdrawable, non-transferable, may be used only toward eligible FourByte services and expire 12 months after issuance.
34.4 Program changes. We may modify, pause or discontinue the F&F program for future activity. Earned and valid balances will be handled in accordance with the applicable program terms and mandatory law. Fraudulent or improperly obtained balances may be withheld or revoked.
35. CONTACT US
To resolve a complaint regarding the Services or to receive further information regarding their use, please contact us at:
FourByte GmbH
Gerhart-Hauptmann-Str. 49 B
51379 Leverkusen
Germany
VAT ID: DE364316286
Phone: +4915204900745
Email: support@profitpath.com