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Terms and Conditions

Last updated: 3 November 2025

This English translation of the Terms and Conditions is provided for convenience. The German version prevails.

Preamble

These General Terms and Conditions (GTC) govern the use of the services provided on resailer.de in their current version. The operator of the platform is ResAiler, Heidkamp 5, 27321 Emtinghausen, Germany (hereinafter: "ResAiler" or "we"). The GTC apply to all users of the website and web app resailer.de.

§ 1 Scope and Subject Matter

(1) These GTC apply to the use of the online platform offered at www.resailer.de, in particular the AI-assisted web app for valuing and supporting the resale of used items.

(2) Via resailer.de, private individuals can have used items valued using AI analysis and receive individual recommendations and text suggestions for marketing. The valuations and recommendations generated by the platform are non-binding and do not constitute a binding purchase or sales offer.

(3) ResAiler does not offer its own purchase or sale of items and does not act as an intermediary or contractual partner in any subsequent sales activities.

§ 2 Registration and User Account

(1) The use of certain functions (e.g., saving valuations, personal history, payment functions) requires registration and creation of a user account. Registration requires a minimum age of 18 years and private use.

(2) Registration is done either by entering an email address and personal password or via Google OAuth integration.

(3) User information must be complete and correct. Changes must be updated promptly.

(4) Access data must be kept secret by the user and protected from unauthorized access.

§ 3 Scope of Services and Availability

(1) ResAiler provides valuation and text generation services within existing technical and operational capabilities. There is no entitlement to continuous and uninterrupted availability.

(2) Maintenance work, platform development, and unforeseen technical disruptions may temporarily limit usability. No claims for damages or compensation arise from this.

(3) The results and recommendations provided by AI are based on machine analyses. They may contain errors or biases and do not replace your own examination and evaluation of the respective item.

(4) ResAiler expressly points out that texts and valuations generated by AI require human control and plausibility checking by the user. We assume no responsibility for decisions made solely on the basis of AI results.

§ 4 User Obligations

(1) Users undertake to submit only their own, lawful photos and information and not to violate third-party rights (e.g., copyright, personal rights).

(2) Uploading photos or data showing criminal, offensive, discriminatory, sexist, violence-glorifying, extremist, or otherwise unlawful content is prohibited.

(3) The user account is non-transferable and may only be used by the respective user.

(4) Users are obliged to make sensitive or particularly protected data (e.g., health information, political opinions, biometric information) unrecognizable or redact them if not necessary for the intended purpose.

§ 5 Payment Processing and Paid Services

(1) Certain platform functions (e.g., additional text generation, premium offers, prioritizations) are subject to charges and are processed via Stripe Payments.

(2) The prices and scope of services of the paid offers are indicated on the website and apply at the time of contract conclusion.

(3) Payment is made exclusively via the payment services offered and connected in the ordering process. The user is obliged to provide valid and correct payment information.

(4) Invoices are provided digitally. Data processing within the framework of payment processing is carried out in accordance with the privacy policy.

§ 6 Copyright and Rights of Use

(1) All content of the platform, in particular the design, software, AI-generated texts and valuations, as well as trademarks and logos, are protected by copyright or subject to other industrial property rights.

(2) Users receive a simple, non-transferable right of use for the duration of the contractual relationship to the valuations and texts provided by the web app for their own private sales activities.

(3) Commercial use beyond the platform or directed at third parties (e.g., machine reuse, copying of valuation layouts, downloading and distributing training data) is not permitted without the express consent of ResAiler.

§ 7 Liability and Warranty

(1) ResAiler strives for the correctness, availability, and timeliness of AI-generated analyses and texts. However, no guarantee or warranty is given for the correctness, completeness, or actual value of the valuations.

(2) ResAiler's liability for simple negligence is excluded unless essential contractual obligations (cardinal obligations) are violated and no damages from injury to life, body, or health are affected.

(3) In case of violation of essential contractual obligations, liability is limited to the typical, foreseeable damage.

(4) Liability for intent, gross negligence, damages from injury to life, physical integrity or health, and under the Product Liability Act remains unaffected.

(5) ResAiler is not liable for data loss, unauthorized access to user accounts or data, disruptions in data transmission between users and third-party providers (Cloudflare, Stripe, Google OAuth, Neon/Prisma), unless there is its own grossly negligent or intentional behavior.

(6) ResAiler expressly distances itself from all content and offers of third parties that may be referred to via links.

§ 8 Right of Withdrawal

(1) For paid services provided as digital content, the right of withdrawal expires at the beginning of the execution of the service, provided that the user has given their separate consent to this in the ordering process and has acknowledged that the right of withdrawal expires with the beginning of execution.

(2) Otherwise, the statutory rights of withdrawal for consumers apply accordingly, unless an exception to the right of withdrawal is provided by law.

§ 9 Data Protection and Data Security

(1) The collection, processing, and use of personal data is carried out exclusively in accordance with the applicable data protection regulations and the privacy policy published on resailer.de.

(2) Users expressly agree that photos, valuation data, and usage information are processed for the provision of services. Use of inputs for AI training purposes is carried out exclusively in anonymized or non-personal form. Further details can be found in the privacy policy.

(3) Users are informed that when uploading images, metadata (e.g., EXIF data) may be included and sensitive information may be visible. ResAiler recommends checking such data before uploading and removing it if necessary.

§ 10 Amendments to the GTC

(1) ResAiler reserves the right to amend these GTC insofar as this is necessary to adapt to changed legal situations or to improve the functionality of the platform and users are not unreasonably disadvantaged thereby.

(2) Changes will be displayed by email or at the next login. If a registered user does not object to a change within 4 weeks of receiving the notification, the changed conditions are deemed accepted.

§ 11 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(2) Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.

(3) The place of jurisdiction for all disputes arising from the contractual relationship is Verden, insofar as legally permissible.

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