Terms of Service (AGB)

Last updated: February 25, 2024

1. Scope and Contracting Partner

These Terms of Service ("Terms") govern the use of the SaaS application Invocast ("Service"). The contracting partner is Invocast (represented by the owner).

Full Address / Impressum:
Please refer to the Impressum (Legal Notice) link on our landing page for the full summonsable address and contact details of the operator.

By installing the App or creating an account, you ("Customer", "Merchant") agree to these Terms.

B2B Only: Our offers and services are directed exclusively at entrepreneurs (Unternehmer) within the meaning of § 14 of the German Civil Code (BGB), i.e., natural or legal persons or partnerships acting in the exercise of their commercial or independent professional activity. Consumers are excluded from using the Service.

2. Subject of Service & Availability

  1. Service Description: Invocast provides an inventory forecasting tool based on Shopify data. The specific features depend on the selected subscription plan.
  2. Access: The software is provided as "Software as a Service" (SaaS) via the internet. We do not provide the software code to the Customer.
  3. Availability: We strive for an average annual availability of 99.5%. This excludes downtimes due to maintenance (announced in advance where possible), force majeure, or technical issues outside our sphere of influence (e.g., Shopify API outages, internet provider issues).
  4. Support: Support is provided via email at support@invocast.com. We offer support on a "best effort" basis during standard German business hours. We do not owe a specific reaction time unless agreed otherwise.

3. User Accounts & Responsibilities

  1. Shopify Connection: To use Invocast, you must have an active Shopify account. You are responsible for maintaining the security of your Shopify credentials.
  2. Automated Access: Accounts registered by "bots" or other automated methods are not permitted.
  3. Data Accuracy: The quality of the inventory forecast depends on the data provided by your shop. You are responsible for the accuracy of your inventory and sales data.

4. Prices, Payment, and Small Business Status

  1. Plans & Pricing:
    • Monthly Plan: €29.00 / month
    • Early Bird (Special): €199.00 / year
  2. Small Business Status (§ 19 UStG): The contracting partner is a small business owner (Kleinunternehmer) in accordance with § 19 of the German Value Added Tax Act (UStG). Therefore, no Value Added Tax (VAT/Umsatzsteuer) is charged or displayed on invoices. All prices listed are final net amounts payable.
  3. Free Trial: New accounts (excluding Early Bird) may receive a 14-day free trial. If you do not cancel before the trial ends, it automatically converts into the paid monthly plan.
  4. Payment: Payments are processed via Stripe. You agree to Stripe's terms of service. Invocast does not store credit card details.
  5. Default: If a payment fails, we reserve the right to suspend access to the Service immediately until payment is made.

5. Cancellation & Right of Withdrawal

  1. Cancellation: You can cancel your subscription at any time via the "Settings" page in the App.
    • Monthly Plans: Cancellation takes effect at the end of the current billing cycle.
    • Yearly Plans: Cancellation prevents auto-renewal; the service remains active until the end of the paid year.
  2. No Statutory Right of Withdrawal (B2B): Since the contract is concluded between entrepreneurs (B2B), there is no statutory right of revocation/withdrawal (Widerrufsrecht) usually applicable to consumers.
  3. Voluntary Money-Back Guarantee: Notwithstanding the above, for Yearly and Early Bird plans, we voluntarily offer a 14-day money-back guarantee. If you are unhappy with the software, contact support@invocast.com within 14 days of purchase for a full refund.

6. Usage Rights & Intellectual Property

  1. License: We grant you a non-exclusive, non-transferable, time-limited right to use the Service for your own internal business purposes (inventory management).
  2. No Ownership: You do not acquire ownership of the software. All intellectual property rights (Copyright, Trademarks) regarding Invocast remain with us.
  3. Restrictions: You may not:
    • Reverse engineer, decompile, or disassemble the software.
    • Resell, rent, or lease the Service to third parties.
    • Use the Service to build a competing product.

7. Data Protection & Deletion

  1. Privacy: We process personal data in accordance with the GDPR (DSGVO). Please refer to our Privacy Policy.
  2. Data Processing Agreement (DPA): As we process data on your behalf, these Terms incorporate standard data processing obligations. We act as a "Processor" regarding your customer data.
  3. Deletion upon Termination: Upon cancellation of your account:
    • Your access is revoked immediately or at the end of the billing period.
    • We delete your operational data (forecasts, synced settings) from our active databases within 30 days.
    • Backups are deleted within 60 days.

8. Limitation of Liability (Haftung)

Since we are based in Germany, our liability is governed by German law as follows:

  1. Unlimited Liability: We are liable without limitation for damages caused by intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit), as well as for injury to life, body, or health.
  2. Limited Liability: In cases of slight negligence (leichte Fahrlässigkeit), we are only liable for the breach of essential contractual obligations (Cardinal Duties - obligations whose fulfillment is essential for the proper execution of the contract and on whose observance the customer regularly relies).
    • In such cases, liability is limited to the typically foreseeable damage at the time of contract conclusion.
    • Liability for slight negligence is capped at the total amount of fees paid by you in the 12 months preceding the damaging event.
  3. No Liability for Decisions: Invocast provides estimates and forecasts based on algorithms. We do not guarantee the accuracy of these predictions. You remain solely responsible for your purchasing and inventory decisions. We are not liable for stockouts, overstock, or lost profit.

9. Final Provisions

  1. Modifications: We reserve the right to update these Terms. Significant changes will be communicated via email or in-app notification 30 days in advance.
  2. Severability: If any provision of these Terms is found to be invalid, the remaining provisions shall remain in full force.
  3. Governing Law: These Terms are governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
  4. Jurisdiction: The exclusive place of jurisdiction for all disputes arising from this contract is our registered office in Germany, provided the Customer is a merchant (Kaufmann).

Contact:
Invocast
Email: support@invocast.com