Terms and conditions
These terms and conditions ("Terms") apply to the services offered under the name "Qante Assist". The provider is:
- 1337 Werk UG (haftungsbeschränkt)
- Obere Wöhrstraße 29, 73431 Aalen, Germany
- Commercial register: Amtsgericht Ulm, HRB 746887
- VAT ID: DE364139083
- E-mail: care@qante.ai
(the "Provider")
1. Scope; offer for businesses only
1.1 These Terms apply to all contracts for Qante Assist between the Provider and its customers. Customers are brands and store operators as well as agencies (each a "Customer").
1.2 The offer is addressed exclusively to businesses: entrepreneurs within the meaning of section 14 of the German Civil Code (Bürgerliches Gesetzbuch, BGB), legal persons under public law and special funds under public law; under Turkish law, merchants, tradespeople and self-employed professionals, sole traders included. The Provider does not conclude contracts with consumers (section 13 BGB; Turkish Law No. 6502 on Consumer Protection). By submitting an enquiry and by making payment, the Customer confirms that it is acting in the course of its trade, business or profession. The Provider may ask for suitable evidence, such as a VAT ID or a register extract.
1.3 These Terms apply exclusively. Deviating, conflicting or supplementary terms of the Customer form part of the contract only if the Provider expressly agrees to them in text form (for example by e-mail). This also applies where the Provider performs without reservation while aware of such terms.
1.4 Individual arrangements in the Plan (clause 3) take precedence over these Terms. The order of precedence is: Plan, Pricing, Terms.
2. Services: free store review, plan, extra-work budget and pricing
2.1 Qante Assist is an execution service for online retail: an e-commerce team for one fixed monthly price. The Provider takes on tasks for the Customer that would otherwise be handled by an in-house e-commerce team, in particular store setup, products, Google, e-mail, marketplaces and legal pages. The scope is set out in the Plan.
2.2 Free store review. On request via the "Get a free store review" form on the website, the Provider prepares a written review of the store (the "Review") free of charge and without obligation; if the Customer has no store yet, it is based on what the Customer says it sells and where. It is based on the information provided by the Customer and on publicly available information. There is no entitlement to a Review.
2.3 Plan. From the Review the Provider derives a written plan (the "Plan"). The Review determines the services the store needs, with their prices from Pricing; the plan tier follows the scope of these services and is tailored to the store. The Plan names one of the Provider's plan tiers (clause 4.2) and states the services included in the plan price, the services included each month up to a set number (calls, bulk price and stock updates, small jobs) and those numbers, the monthly extra-work budget (clause 5.5), the delivery times of the services, the term, the price and the payment method. The parties may agree in text form to swap planned services for other services in Pricing at the same price.
2.4 Extra-work budget. Each plan tier includes a monthly budget for work outside the Plan; its amount in euros (net) is stated in the Plan. The budget is purely an amount of account for the Provider's services. It is not a means of payment, is not transferable and is not paid out; clause 6 remains unaffected.
2.5 Pricing. Each service has a fixed price in euros (net), set out on the Pricing page of the Provider's website ("Pricing"). The Plan states the delivery times. Pricing as in force when the contract is concluded forms part of the contract. Later changes to Pricing do not apply to the current contract term.
2.6 Unless the Plan expressly provides for a work product that is subject to acceptance, the Provider's obligation is to render services, not to produce a specific result. The Provider works professionally and in line with recognised good practice. No particular commercial result is owed (clause 7.7).
2.7 The Provider may use employees, subcontractors and software tools, including automated and AI-assisted tools. Every work result is reviewed and approved by a qualified person before delivery. The Provider is responsible for its subcontractors as for its own acts.
3. Conclusion of the contract
3.1 The presentation of the services on the website is not a binding offer. Submitting the form is a non-binding enquiry.
3.2 The Provider sends the Customer the written Plan by e-mail, together with the price and a payment link. This is the Provider's binding offer. It remains valid for 14 days from receipt unless the Plan states otherwise.
3.3 The Customer accepts the offer by initiating payment through the payment link (card payment or granting a SEPA direct debit mandate). No signature is required. The contract is concluded as soon as the payment process has been completed. The Provider confirms the conclusion of the contract by e-mail and issues an invoice.
3.4 The contract consists of the Plan, Pricing as in force when the contract is concluded, and these Terms.
3.5 Anyone who initiates payment on behalf of a business warrants that they are authorised to represent it.
4. Term, prices, payment and discounts
4.1 The minimum term is three months. It begins on the day the contract is concluded, unless the Plan states a different start date (the "Start Date"). Contract months are counted from the Start Date.
4.2 The Provider offers three plan tiers at EUR 299, EUR 499 and EUR 999 per month. Each plan tier includes the services stated for it, some of them up to a set number each month, and a monthly extra-work budget. The price and the scope stated in the Plan are decisive.
4.3 The fee for the chosen term – for the minimum term, three months – is due in advance when the contract is concluded. The payment methods are card (credit or debit card) and SEPA direct debit. The pre-notification period for a SEPA direct debit is shortened to one day.
4.4 Term discounts: for a term of six months the Provider grants a discount of 10%, and for a term of twelve months a discount of 20%, on the Plan price. Discounts apply only to the extent shown in the Plan.
4.5 All prices are net prices and exclude statutory value added tax at the applicable rate. Where the Customer is liable for the VAT under the applicable tax law (reverse charge), the invoice says so. For this purpose the Customer provides the Provider with its valid VAT ID.
4.6 Customers established in Turkey pay via a payment link. Invoices to these Customers are issued in Turkish lira, indexed to the EUR price. To the extent permitted by the applicable foreign-exchange rules, the amount is converted from the EUR price at the foreign-exchange selling rate of the Central Bank of the Republic of Turkey on the invoice date.
4.7 In the event of late payment, the statutory provisions apply. If a direct debit or card payment fails, or if the Customer is in default with a payment, the Provider may, after a reminder in text form, suspend the services until payment is received. This does not extend the term. The Customer bears the costs of any returned direct debit for which it is responsible.
5. No automatic renewal, carry-over of the extra-work budget and extra work
5.1 The contract ends when the term expires, without any notice of termination being required. It does not renew automatically.
5.2 Before the term expires, the Provider makes offers for a new term of three, six or twelve months. A new term comes about only in accordance with clause 3, that is, through a new Plan and a new payment. It is governed by Pricing and the Terms in force at that time.
5.3 Ordinary termination during the term is excluded. Clause 6 and the right of either party to terminate for good cause remain unaffected.
5.4 Carry-over. The extra-work budget is allocated to the respective contract month. Any amount the Customer does not use in a contract month is carried over to the following contract month; carried-over amounts not used by the end of that month expire. The carry-over does not reduce the price of the following month, and unused amounts are not refunded. This does not apply to the extent that the Provider is responsible for the service not having been rendered; in that case the Provider makes up the service or refunds the amount concerned.
5.5 Extra work. Requests by the Customer outside the scope of the Plan (extra work) are paid from the Customer's monthly extra-work budget at the price in Pricing. The Provider states the amount in writing in advance; no extra work is carried out without the Customer's consent in text form. The Provider is not obliged to offer additional services. [Open: what applies if a piece of extra work costs more than the budget available in the current contract month has not been decided by the owner yet; once it is, this clause and clause 6.4 are to be adapted.]
6. Mutual right to exit in the first 30 days; refund
6.1 During the first 30 days from the Start Date, either party may terminate the contract in text form without giving reasons; e-mail suffices. The decisive moment is receipt of the notice.
6.2 The termination ends the contract at the end of the first contract month. Until then the Provider renders the services planned for the first month, unless the Customer waives them.
6.3 The Provider retains the fee that the Plan attributes to the first contract month. It refunds in full the fee paid in advance for the remaining months, within 14 days, using the original payment method.
6.4 Extra work that has been paid for (clause 5.5) is refunded to the extent it has not yet been carried out.
6.5 Work results delivered and paid for by the end of the contract remain with the Customer (clause 12).
6.6 The right to exit applies only to a Customer's first term, not to subsequent terms.
7. Delivery times and process commitments; no revenue guarantee
7.1 The Provider commits to the following processes:
- a reply to the Customer's enquiries within one working day;
- a check of the store on every working day;
- delivery of each service within the delivery time the Plan states for it;
- first delivery within ten working days of the Start Date;
- a short summary each week;
- a one-page report for each contract month;
- a joint review at the end of the minimum term.
7.2 Each plan tier includes calls up to the number per contract month stated in the Plan (clause 4.2); within that number, calls are held as needed. At the Customer's request a call is replaced by a video summary.
7.3 Working days within the meaning of these Terms are Monday to Friday, excluding public holidays in Baden-Württemberg, Germany.
7.4 Delivery periods begin as soon as the access, information and approvals required from the Customer for the task are available (clause 8). They are extended by the duration of any delay for which the Customer is responsible, and in the event of force majeure or disruptions of third-party platforms and services that are beyond the Provider's control. The periods are not fixed dates; time is not of the essence.
7.5 If the Provider exceeds a period, the Customer may set a reasonable additional period in text form. The Customer's statutory rights remain unaffected within the limits of clause 14.
7.6 The Customer reviews delivered work results and reports any complaints in text form, where possible within ten working days. The Provider remedies justified complaints without charging any further fee.
7.7 No revenue guarantee. The Provider owes the professional performance of the agreed services, not a particular commercial result. In particular, it does not promise any particular revenue, conversion rates, rankings in search engines or on marketplaces, reach or advertising results. Forecasts and sample calculations are non-binding. The process commitments under clause 7.1 are not a guarantee in the legal sense.
8. Customer cooperation; access to store and accounts
8.1 The Customer names a contact person who provides information and gives approvals.
8.2 The Customer provides the Provider in good time with the access needed for the services, for example to the store system, analytics and tag management tools, product data feeds, and merchant and marketplace accounts. Wherever possible, access is set up as separate user or staff accounts with the necessary permissions, not by sharing master passwords. The Customer may withdraw access at any time; clause 8.7 applies accordingly.
8.3 The Customer supplies the necessary content and information completely and in good time, for example product data, images, texts, and company and legal details. It gives approvals within a reasonable period.
8.4 The Customer warrants that it holds the necessary rights to the content, trade marks and data it provides and that it is entitled to grant the Provider the access. It indemnifies the Provider against third-party claims based on a breach of this warranty, to the extent the Customer is responsible for the breach.
8.5 The Customer remains the operator of its store and its accounts. It is responsible for products, prices, legal texts and its contracts with platforms, payment providers and shipping providers. Third-party costs and licence fees (for example store system, themes, apps, marketplace fees) are borne by the Customer; they are included neither in the plan price nor in the extra-work budget.
8.6 The Customer ensures appropriate data backups to the extent the platform used allows. The Provider agrees higher-risk interventions with the Customer beforehand.
8.7 If the Customer fails to cooperate, the periods are postponed (clause 7.4). If planned services cannot be rendered in a contract month for that reason, clause 5.4 applies. The Provider notifies the Customer of the missing cooperation in text form beforehand.
8.8 After the contract ends, the Provider no longer uses the access. The Customer withdraws it; the Provider deletes any credentials provided to it.
9. No media buying
9.1 The Provider does not plan, book, buy or manage paid advertising. It does not manage advertising accounts or advertising budgets and does not accept advertising funds.
9.2 Campaigns are run by the Customer itself or by an agency it has engaged. On request, the Provider sets up the foundations that advertising needs: measurement, product data feeds and landing pages.
9.3 The Provider is not responsible for advertising spend, campaign results or decisions made in advertising accounts. If the Provider needs access to an advertising account for measurement or feeds, it confines itself to those tasks.
10. Work on legal pages and new rules is not legal advice
10.1 Work on legal pages and the tracking of new rules ("rules work") is an audit-and-implementation service. The Provider checks the store against generally known requirements for online retail (for example mandatory information, consent management, price and product information), points out irregularities and implements corrections at the technical and editorial level.
10.2 Rules work is not legal advice and not a legal service, in particular not within the meaning of the German Legal Services Act (RDG) or the Turkish Attorneys' Act No. 1136. The Provider does not examine legal questions of the individual case, does not issue legal opinions and does not represent the Customer before authorities, courts or parties issuing warning letters.
10.3 The Provider gives no guarantee and no assurance that the Customer's store, content or business model is legally compliant or will remain free from warning letters, fines or complaints.
10.4 Legal texts (for example imprint, privacy policy, terms and conditions, withdrawal information) are provided by the Customer or its legal adviser; the Provider integrates them. For the legal assessment the Customer engages a lawyer. Legal responsibility for the store remains with the Customer.
11. Working under the agency's brand, agency pool; client protection
11.1 Agencies may obtain the services for the stores of their own clients ("End Clients"). The Provider's sole contracting party is the agency. No contractual relationship arises between the Provider and the End Clients.
11.2 The agency's brand. The Provider delivers work results and reports without its own branding, so that the agency can pass them on under its own brand. The Provider appears towards End Clients only if the agency so wishes.
11.3 Pool. The agency books at least the EUR 999 per month plan tier. It may share that tier's extra-work budget and monthly allowances among its managed stores. The Provider grants a discount of 10% from five managed stores and of 15% from ten managed stores. There is one contract and one invoice per agency. In all other respects clauses 4 to 6 apply.
11.4 If the agency reports a measurement (tracking) outage in a managed store, the Provider starts work on it within four hours (Monday to Friday, 9:00 to 18:00 German time).
11.5 The agency is responsible for ensuring that its End Clients provide the cooperation under clause 8 and that it is entitled to give the Provider access to the End Clients' accounts and data. Commitments made by the agency to its End Clients do not bind the Provider.
11.6 Client protection. The Provider does not offer advertising services (clause 9). It undertakes not to offer or sell advertising services to End Clients of the agency whose stores it serves under the contract or who become known to it through the contract. Advertising services are media buying, campaign management and the management of advertising accounts. This undertaking applies during the contract term and without limit in time thereafter.
12. Rights of use in work results
12.1 Upon full payment of the relevant fee, the Customer receives the exclusive right, unlimited in time and territory, to use, modify and pass on for its business purposes the work results created for it. Work results include, for example, texts, product data, designs, theme customisations, configurations and reports.
12.2 This excludes tools, templates, scripts, methods and know-how that the Provider developed independently of the engagement or uses generally. Where these are incorporated into work results, the Customer receives a non-exclusive right, unlimited in time, to use them as part of the work result.
12.3 Third-party components (for example themes, apps, fonts, stock image libraries, open-source software) are subject to their own licence terms. The Customer acquires licences in its own name.
12.4 To the extent that no intellectual property rights arise in work results, the Customer may use them to the same extent.
12.5 Agencies may pass on the rights under clauses 12.1 and 12.2 to their End Clients.
12.6 The Provider names the Customer as a reference only with the Customer's consent in text form. It does not name End Clients of agencies.
13. Confidentiality, data protection and data processing agreement
13.1 Each party treats all non-public information of the other party as confidential and uses it only for the purposes of the contract. This includes in particular credentials, business figures, customer data, plans and prices. The obligation continues for three years after the end of the contract. It does not apply to information that is publicly known, was already known to the receiving party, was developed independently by it or must be disclosed under a statutory obligation.
13.2 The Provider places its employees and subcontractors under corresponding obligations. In the case of agencies, confidentiality also extends to the cooperation itself and to all information about the End Clients.
13.3 The Provider processes personal data in accordance with the applicable data protection laws, in particular the GDPR and, where applicable, Turkish Law No. 6698 on the Protection of Personal Data (KVKK). Details are set out in the Privacy policy and, for persons in Turkey, in the Notice under the Turkish Data Protection Law (KVKK).
13.4 To the extent that the Provider, in rendering the services, processes personal data on behalf of the Customer or is able to access such data (for example order or customer data in the store system), the parties conclude a data processing agreement under Article 28 GDPR before such processing begins. The Provider supplies a template for this purpose. The Customer remains the controller. In the case of agencies, the agency ensures that engaging the Provider as a sub-processor is permitted in relation to the End Client.
13.5 The Provider accesses personal data only to the extent the task at hand requires.
14. Liability
14.1 The Provider's liability is unlimited in cases of intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), for fraudulent concealment of a defect, and to the extent of any guarantee expressly given.
14.2 In the case of a slightly negligent breach of a material contractual obligation, liability is limited to the damage that is typical for this type of contract and was foreseeable when the contract was concluded. Material contractual obligations are obligations whose performance makes the proper execution of the contract possible in the first place and on whose observance the Customer may regularly rely.
14.3 The parties assume that the typical, foreseeable damage does not exceed the net fees paid by the Customer in the twelve months preceding the event giving rise to the damage.
14.4 In all other respects, liability for slight negligence is excluded.
14.5 In the event of data loss, the Provider is liable, within the limits of clauses 14.2 to 14.4, only for the effort that would have been required to restore the data had the Customer kept proper backups.
14.6 The Provider is not liable for outages, changes or decisions of third-party platforms and services (for example store systems, marketplaces, payment services, search engines, advertising networks), to the extent it is not responsible for them. Clause 14.1 remains unaffected.
14.7 The limitations of liability also apply in favour of the Provider's legal representatives, employees and vicarious agents.
14.8 Claims of the Customer become time-barred twelve months after the statutory commencement of the limitation period. This does not apply in the cases of clause 14.1.
15. Governing law and place of jurisdiction
15.1 The contract is governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law.
15.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with the contract is Aalen, provided that the Customer is a merchant (Kaufmann), a legal person under public law or a special fund under public law, or has no general place of jurisdiction in the Provider's country. The Provider may also sue the Customer at the Customer's registered office.
16. Final provisions
16.1 Amendments and additions to the contract, as well as notices of termination, must be made in text form; e-mail suffices. Notices to the Provider are sent to the e-mail address stated above; notices to the Customer are sent to the e-mail address it last provided.
16.2 The version of these Terms in force when the contract is concluded applies for the entire paid term. An amended version applies only to a new term (clause 5.2).
16.3 The Customer may set off only claims that are undisputed, have been finally determined by a court, or stand in a reciprocal relationship to the Provider's claim.
16.4 The Customer may transfer rights and obligations under the contract to third parties only with the Provider's consent in text form. Section 354a of the German Commercial Code (HGB) remains unaffected.
16.5 These Terms are available in German, Turkish and English. In the event of discrepancies, the German version prevails.
16.6 If any provision is or becomes invalid, the remainder of the contract remains valid. The invalid provision is replaced by the statutory rule.
Last updated: 16 October 2026
