Terms Of Service

General Terms of Use and User Information    
for the Bytex Market platform

I. General Terms of Use

1. Basic provisions

1.1 The following terms of use apply to the use of the Internet presence operated under the domain https://bytex.market (hereinafter referred to as "Bytex Market") by Bytex Digital UG (haftungsbeschränkt) (hereinafter referred to as "Operator") by registered users (hereinafter referred to as "User").

1.2 The possibility of registering on Bytex Market and/or offering services and/or enquiring and/or selling or purchasing products is directed both at entrepreneurs and consumers. A consumer in the sense of the following regulations is any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business, craft or profession. A trader is any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession.

1.3 Unless otherwise agreed, the inclusion of any own conditions used by the user shall be contradicted.

2. Object of the contract

2.1 Bytex Market is an Internet platform on which sellers (hereinafter referred to as "sellers") can offer IT products as digital goods (e.g. software, tools, templates, plug-ins, scripts, graphics and images as well as software as a service) and sell them to buyers (hereinafter referred to as "buyers").

2.2 Service providers, interested parties, sellers and buyers are hereinafter jointly referred to as "Users".

2.3 The operator only provides the technical possibility for the use of the platform by the users. The conclusion of a contract for services to be rendered or the sale of digital goods shall be concluded directly between the service provider and the interested party or the seller and buyer. The operator expressly does not become a party to the agreements made. For the fulfillment of the obligations resulting from these agreements the users involved are exclusively responsible.

3. Setup of a user account - contract conclusion user account

3.1 The prerequisite for the use of Bytex Market is the registration on the platform and the creation of a user account. The setup of the user account is free of charge.

3.2 The Operator's offer to establish a user contract for a user account on Bytex Market is binding. After accessing the registration page, the user must enter his company and contact data and define his user name and password. Before submitting his contractual statement, the user has the possibility at any time to correct or delete his entries or to cancel the registration by closing the browser window or selecting the "back" function of the browser. By sending his data by confirming the "Register” button, the user accepts the contractual offer of the operator to create a user account.

3.3 The processing of all information required in connection with the conclusion of the contract is carried out by e-mail and is partly automated. The user must therefore ensure that the e-mail address given by him is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent it.

4. Costs

4.1 The use of Bytex Market is generally free of charge for users.

4.2 Insofar as the operator offers services subject to a charge, these services are subject to separate contractual conditions or agreements.

5. Availability

5.1 The Operator shall provide Bytex Market with an availability of 98% on a monthly average.

5.2 Excluded from this are times which serve the maintenance of Bytex Market's servers as well as all downtimes for which the Operator is not responsible. The regular maintenance windows of Bytex Market's servers are every Saturday from 00:00 to 08:00.

5.3 The provisions of Section 13. of these Terms of Use shall not be affected thereby.

6. Restrictions on the provision of services and products

6.1 The platform Bytex Market serves exclusively to distribute or acquire IT products as digital goods (e.g. software, tools, templates, plug-ins, scripts, graphics and images as well as software as a service).

6.2 In particular, the provision of services or products with references to pornographic or youth-endangering content, e.g. through corresponding symbols or representations that violate religious feelings, criminal law norms, personal rights or other rights of third parties or are suitable for this purpose, is prohibited.

6.3 If services or products in relation to the aforementioned product groups are offered or requested by users, the Operator is entitled in particular to the rights according to Section 8 of these Terms of Use.

7. Rights of use of contents

7.1 The contents available on the platform are predominantly protected by copyright or other industrial property rights and are the property of the operator, the other users or other third parties who have provided the respective contents. The compilation of the contents as such may be protected as a database or database work within the meaning of §§ 4 para. 2, 87a para. 1 German Copyright Act. Users may only use this content in accordance with these Terms of Use and the conditions specified on the platform.

7.2 By uploading content, the user grants the operator a free and transferable right of use to the respective content, in particular

7.2.1 to store the contents on the Operator's server and to publish them, in particular to make them publicly accessible (for example by displaying the contents on the platform), whereby this also includes publication in newsletters, blogs and social media channels used by the Operator,

7.2.2 for processing and duplication, as far as this is necessary for the provision or publication of the respective contents, whereby this also includes publication in newsletters, blogs and social media channels used by the operator.

7.3 As far as the user removes the contents uploaded by him from the platform again, the right of use and exploitation granted to the operator above expires. However, the Operator remains entitled to retain copies made for backup and/or verification purposes. The rights of use granted to the Operator, other users of the Platform or third parties shall remain unaffected insofar as the Operator continues to be entitled to use published newsletters, blog posts or entries on social media channels.

8. Responsibility for contents, release from liability

8.1 Users may publish their own content on Bytex Market. They undertake not to transmit any data whose contents infringe the rights of third parties (in particular copyrights, name rights, trademark rights) or violate existing laws.

8.2 The content published by users on Bytex Market shall not be checked by the Operator for infringements of rights. The respective user is solely responsible for their correctness, completeness and legality. In particular, the operator has no influence on the correctness, completeness and quality of the offers.

8.3 The operator may (temporarily) block or delete individual users or contents of a user if the user publishes illegal contents or contents that violate the terms of use or if there are concrete indications of repeated illegal publication.

8.4 The operator will consider the legitimate interests of the user, in particular the fault, when selecting the measure and justify the blocking or deletion of the user or the content to the user in text form.

8.5 In the event of a temporary blocking of a user or content, the Operator shall immediately release the user or content again as soon as the suspicion of a violation of a statutory provision or a provision of these Terms of Use is excluded.

8.6 The Users shall indemnify the Operator against all claims by third parties which they may assert due to the violation of their rights through the orderly publication of content on Bytex Market, in the newsletter or other advertising materials. In addition to claims for damages, the indemnification also includes the reimbursement of reasonable costs for legal defence arising from the illegal or improper use of Bytex Market's services. The indemnification presupposes that a settlement or an acknowledgement of claims by third parties only takes place with the prior written consent of the user.

9. Regulations for offering digital products - contract conclusion purchase

9.1 The operator's offer to the seller to be able to sell a product via Bytex Market is binding. Via the input fields in Bytex Market's backend, the Seller can enter all necessary product information or upload product images. Before submitting his contractual declaration, the Seller may at any time correct or delete his entries or cancel the setting of the product by closing the browser window or selecting the "back" function of the browser. With the release of the product data by confirmation of the button "Submit Product” the seller accepts the contract offer of the operator for the sale of the product.

9.2 The Seller may terminate the sale of the Product at any time by deactivating or deleting the Product from the Account. Purchase contracts for the Product that have already been concluded up to this point in time shall not be affected by this and must be fulfilled.

9.3 If a seller uploads a digital product to Bytex Market and activates it for sale, the seller makes a binding offer to purchase the product.

9.4 The purchase contract shall come into effect as soon as a user accepts the offer by confirming the button "Purchase now”.

9.5 Notwithstanding the provisions in Section 2.3, the purchase price for the product shall be paid via the Bytex Market platform. In this respect, the Operator accepts the purchase price on behalf of the Seller.

9.6 The use of Bytex Market is free of charge for the purchaser.

10. Obligations of the seller

10.1 The Seller is obliged to provide the necessary information for the distribution and presentation of the products on Bytex Market. In particular, the Seller is obliged to describe the functionalities and system requirements as well as the essential features of the products completely and truthfully. If instructions for the installation of the products or operating instructions for their intended use are required, the Seller undertakes to make them available in text form (e.g. by e-mail).

10.2 The Seller undertakes to make available only products which comply with the current IT programming and security standards. The Seller shall ensure that the products offered are subjected to quality assurance measures.

10.3 If the seller violates the above obligations or if there are concrete indications of repeated publication in breach of duty, the operator is free to temporarily block or delete both the seller and individual products of the seller.

10.4 The operator will consider the legitimate interests of the seller, especially the fault, when selecting the measure and justify the blocking or deletion in text form.

10.5 In the event of a temporary blocking of a seller or a product, the operator can release the seller or the product again as soon as the seller has demonstrated to the operator that he fulfills his obligations with regard to the product to be discontinued.

11. Commercial agency

11.1 The Operator shall act for the Seller as a representative with final power of attorney with regard to the products put on Bytex Market for sale by the Seller. The Seller expressly agrees that the Operator may also represent other sellers on Bytex Market. There is no non-competition clause in this respect.

11.2 The Operator collects the remuneration claims of the Vendor against the Purchaser from the product sales effected via Bytex Market (collection). In this respect, the Operator accepts the payments on behalf of the Seller.

11.3 The activity of the Operator according to Clause 11 is covered and settled by the commission regulated in Clause 12.1.

11.4 The Operator shall invoice the purchase prices received by him on behalf of the Seller by the 15th of each month for the preceding month and shall pay the resulting amount minus the commission claims according to Clause 12.1 to the Seller by the 25th of each month.

11.5 The Operator shall invoice any additional fees to the Seller that are related to the purchase and or order process. These costs explicitly include creditcard chargeback fees. If any of the fees are refunded the Seller shall receive the previously invoiced fees back within 30 days or with the next scheduled payout.

12. Prices and billing modalities

12.1 The Operator shall receive a commission for each paid product of the Seller sold via Bytex Market. The commission amount results from the separate agreements between operator and seller. The commission claim has arisen as soon as the contract between buyer and seller has been concluded. If the seller offers a product which cannot be purchased by the buyer within the scope of a one-time payment, the operator receives a commission on the remuneration to be paid by the buyer in the following 12 months.

12.2 The Operator charges the seller the commission to which he is entitled for the previous month until the 15th of the following month. The commission plus the statutory sales tax is due for payment on the 25th of the month, see Section 11.4.

13. Marketing services

13.1 Users of Bytex Market shall receive regular notifications on current topics of the platform in electronic form.

13.2 Users shall also be entitled to information on new products and special conditions by e-mail or telephone.

14. Warranty

14.1 Subject to the following provisions agreed in clauses 14.2 and 14.3, the statutory provisions shall apply.

14.2 The strict liability of the operator for initial defects according to § 536a BGB is excluded. The operator is otherwise liable according to the principles set out in clause 15.

14.3 If the user is an entrepreneur, the warranty period is one year. This does not apply to defects fraudulently concealed by the operator, the assumption of guarantees or for damages according to the Product Liability Act as well as from injury to life, body or health.

15. Liability

15.1 The operator is liable without limitation for damages resulting from injury to life, body or health. Furthermore, the Operator shall be liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee and in all other cases regulated by law.

15.2 If essential contractual obligations of the Operator are affected, the liability of the Operator in case of slight negligence is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations which result from the nature of the contract and the violation of which would endanger the achievement of the purpose of the contract as well as obligations which the contract imposes on the Operator in accordance with its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the User may regularly rely.

15.3 In the event of a breach of insignificant contractual obligations, the Operator's liability for slightly negligent breaches of duty shall be excluded.

16. Assignment, right of retention and set-off

16.1 The assignment of claims against the operator to third parties is only possible with written consent. This applies in particular to a transfer of the user account to a third party.

16.2 The user can only exercise a right of retention if it concerns claims from the same contractual relationship. Users are only entitled to a right of retention against legally established or undisputed counterclaims.

17. Termination and deletion

17.1 The contract for the use of the platform is concluded for an indefinite period of time.

17.2 The user has the possibility at any time to have his user account deleted by notifying the Operator in text form (e.g. e-mail) and thus to terminate the contract.

17.3 The Operator may terminate the user contract without giving reasons by giving 14 days' notice.

17.4 The right to extraordinary termination by both parties remains unaffected. The operator is entitled to an extraordinary right of termination in particular in the event of violations of these terms of use.

18. Choice of law, place of performance, place of jurisdiction

18.1 German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn (principle of favorability).

18.2 The place of performance for all services arising from the business relations existing with the Operator and the place of jurisdiction shall be the registered office of the Operator, insofar as the Operator is a merchant, a legal entity under public law or a special fund under public law. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or if the place of residence or usual abode is not known at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.

II. User information

1. Identity of the platform operator

Bytex Digital UG (haftungsbeschränkt)
vertreten durch den Geschäftsführer Paul-Eric Lange
Teichkoppel 10
25746 Heide Deutschland

Tel: +49 (0)176 36327203
E-Mail: contact@bytex.digital

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS-platform), available at https://ec.europa.eu/odr.

We are not legally obligated or willing to participate in dispute resolution proceedings before consumer arbitration bodies.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction shall be in accordance with the provisions of our General Terms and Conditions (Part I., clauses 3 and 9).

3. Contract language, contract text storage

3.1 The contract language is English.

3.2 The complete contract text is not stored by the operator. Before sending the registration, the contract data can be printed out or electronically saved using the print function of the browser/e-mail program. After receipt of the registration request by the operator, the order data, the legally prescribed information for distance selling contracts and the General Terms of Use are sent to the user again by e-mail.

4. Essential characteristics of the goods or services

The essential features of the operator's services can be found in the respective offer.

5. Legal liability for defects

The liability for defects for the operator's services is governed by the "Warranty" provision in the General Terms of Use (Part I).

6. Contract duration and termination

The term of the contract and the options for termination are set out in the General Terms of Use (Part I).