Terms of Service

Preamble

These Terms of Service ("Terms") govern your use of myBidly, a software-as-a-service platform operated by Next Commerce GmbH, Ahornweg 5, 97990 Weikersheim, Germany ("we", "us", "our", "Next Commerce").

myBidly provides e-commerce merchants with bid-based upsell functionality on thank-you pages. By registering an account, you ("Merchant", "you") agree to be bound by these Terms and our Privacy Policy.

§1 Services

1.1 Platform Services

Next Commerce provides a software platform ("myBidly") that enables merchants to:

• Create and manage product offers with bid-based pricing
• Embed widgets on their e-commerce thank-you pages
• Accept customer bids and payments via Stripe
• Track analytics and bid performance

1.2 Business Model

myBidly operates as a SaaS platform. Merchants connect their own Stripe accounts to receive payments directly. Platform fees are automatically deducted via Stripe's application fee mechanism.

§2 Registration & Account

2.1 Eligibility

You must be at least 18 years old and legally able to enter into contracts to use myBidly.

2.2 Account Accuracy

You are responsible for maintaining accurate account information and securing your login credentials.

2.3 Stripe Account Required

To accept customer payments, you must connect a Stripe account. You agree to Stripe's terms and understand that Stripe processes all payments independently.

§3 Prohibited Products

You may NOT use myBidly to sell or promote the following products or services:

• Weapons & Ammunition: Firearms, explosives, knives, pepper spray, etc.
• Illegal Drugs & Substances: Narcotics, prescription drugs without prescription, drug paraphernalia
• Counterfeit & Pirated Goods: Fake branded items, pirated software, unauthorized replicas
• Adult Content & Services: Pornography, escort services, sexual wellness products (case-by-case)
• Tobacco & E-Cigarettes: Cigarettes, cigars, vaping products, tobacco accessories
• Gambling & Lotteries: Online casinos, betting services, lottery tickets
• Cryptocurrency & Financial Services: Crypto mining equipment, unregulated financial advice, pyramid schemes
• Stolen Goods: Items obtained illegally or without proper ownership
• Hazardous Materials: Toxic chemicals, radioactive materials, biological hazards
• Discriminatory Content: Hate speech, racist imagery, products promoting violence
• Animals & Animal Products: Live animals, ivory, endangered species products
• Medical Devices & Prescription Items: Unlicensed medical equipment, prescription medications

This list is not exhaustive. Next Commerce reserves the right to prohibit any product or service at our discretion, particularly if it violates EU law, payment processor terms, or ethical standards.

Reference: See also Next Commerce Terms of Service § 3 (Prohibited Articles).

§4 Fees & Payment

4.1 Pricing Plans

myBidly offers two pricing plans:

• Pay-As-You-Go (PAYG): A percentage-based platform fee plus a fixed fee per successful transaction. Current rates are displayed during registration and in your dashboard.
• Premium Plan: A fixed monthly subscription fee with no per-transaction platform fees. You still pay Stripe's payment processing fees (~2.3%). Current rates are displayed during registration and in your dashboard.

Note: Pricing is subject to change with 30 days' notice. All prices are shown in EUR and exclude VAT, which will be added where applicable according to EU tax regulations.

4.2 Payment Collection

Platform fees are automatically deducted from each transaction via Stripe's application_fee_amount mechanism. Premium subscription fees are billed monthly via Stripe.

4.3 Refund Fees & Chargeback Fees

Processing fees may apply for refunds and chargebacks to cover administrative and payment processor costs. Current fees are displayed in our FAQ and dashboard.

4.4 14-Day Withdrawal Right (Widerufsrecht)

In compliance with EU consumer protection law, customer payments may be held for up to 14 days to accommodate the statutory withdrawal period. You agree to fulfill orders promptly and handle customer cancellations in accordance with EU law.

§5 Liability Limitations

5.1 Platform Liability

Next Commerce provides the myBidly platform "as is" without warranties of any kind. To the maximum extent permitted by law, we exclude all liability for:

• Direct, indirect, incidental, or consequential damages
• Loss of profits, revenue, or data
• Service interruptions or technical failures
• Third-party actions (including Stripe, hosting providers, or customers)

5.2 Exceptions

Nothing in these Terms excludes liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded under German or EU law.

5.3 Cap on Liability

Where liability cannot be excluded, our total liability is limited to the fees you paid to Next Commerce in the 12 months preceding the claim.

§6 Merchant Responsibilities

6.1 Order Fulfillment

You are solely responsible for:

• Shipping products to customers promptly
• Providing accurate product descriptions and images
• Maintaining adequate stock levels
• Handling customer service inquiries
• Processing returns and refunds in accordance with EU law

6.2 Compliance

You must comply with all applicable laws, including EU consumer protection laws, GDPR, and VAT regulations. You are responsible for obtaining any necessary licenses or permits for your business.

6.3 Product Quality

You warrant that all products offered via myBidly are legal, authentic, and as described. You are solely responsible for product liability claims.

§7 Indemnification

You agree to indemnify and hold harmless Next Commerce GmbH, its officers, employees, and affiliates from any claims, damages, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Your violation of any law or regulation
• Product liability claims related to your products
• Customer disputes arising from your business practices
• Intellectual property infringement claims

§8 Data & Privacy

Our collection and use of your personal data is governed by our Privacy Policy, which forms part of these Terms. By using myBidly, you consent to our data processing practices as described therein.

§9 Termination

9.1 By You

You may terminate your account at any time by contacting us at info@next-commerce.io.

9.2 By Us

We may suspend or terminate your account if you:

• Breach these Terms
• Sell prohibited products
• Engage in fraudulent activity
• Accumulate excessive chargebacks or customer complaints

9.3 Effect of Termination

Upon termination, you will no longer be able to accept bids. Outstanding payments and fees will be processed according to Stripe's standard procedures.

§10 Governing Law & Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict of law provisions. EU regulations apply where relevant.

10.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Germany. For consumer contracts, mandatory consumer protection laws of your country of residence may apply.

10.3 EU Online Dispute Resolution

The EU provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obligated to participate in alternative dispute resolution procedures.

§11 Contact & Support

Next Commerce GmbH

Ahornweg 5
97990 Weikersheim
Germany

Email: info@next-commerce.io

For technical support, email: support@mybidly.io