Terms of Service

These Terms of Service ("Terms") govern the agreement between kwery GmbH, Lena-Christ-Str. 2, 82031 Grünwald, Germany (operating under the brand "kwery", hereinafter "kwery", "we", or "us") and the customer ("Customer", "you") that accesses or uses the Services. Customer may be a business acting in its trade, business, craft, or profession (a "Business Customer") or a natural person acting for purposes outside their trade, business, craft, or profession (a "Consumer"). Provisions that apply only to one group say so expressly; all other provisions apply to both.

By creating an account, executing an Order Form, accessing an API key, or otherwise using the Services, you agree to be bound by these Terms. At signup you state whether you are acting as a Business Customer or as a Consumer. If you act on behalf of a legal entity, you confirm that you have authority to bind that entity.

The "Services" include kwery's pricing and product-data APIs, the Source Library, dashboards, documentation, and any related software, content, or support, whether accessed directly through kwery ("Direct API") or via third-party marketplaces such as RapidAPI ("Self-Serve").

• "Customer Data" means any data, content, or material that Customer submits to or through the Services.
• "Documentation" means the technical documentation for the Services published by kwery at kwery.co/developers.
• "Order Form" means a signed or electronically accepted order document referencing these Terms that specifies the Services, fees, term, and any additional commercial terms.
• "Output Data" means the responses, datasets, and other content returned by the Services to Customer.
• "Source" means a third-party data source (e.g., a marketplace or price-comparison platform) from which kwery derives Output Data.
• "Self-Serve Plan" means a plan purchased online through kwery.co (Free, Growth S, Growth M, or Growth L) without an Order Form.
• "Credit" means the unit of account by which use of the Services is measured, as described in Section 8.
• "Included Credits" means the Credits allocated to Customer's Self-Serve Plan for each Billing Period.
• "Overage" means Credits consumed in a Billing Period in excess of the Credits available to Customer.
• "Billing Period" means the recurring monthly or annual period for which Customer's plan fee is charged.

To use the Services, Customer must register an account and keep its registration information accurate and up to date. Customer is responsible for the security of its credentials and API keys, and for all activity conducted through them. Customer must notify kwery without undue delay at security@kwery.co of any suspected unauthorized use.

The Services are only available to natural and legal persons that are at least 18 years old and have the authority to enter into binding contracts. During registration, Customer selects whether the account is used as a Business Customer or as a Consumer; this selection determines which provisions of these Terms apply.

Subject to these Terms and the applicable Order Form (or, for Self-Serve, the marketplace's plan), kwery grants Customer access to the Services during the subscription term. Access via Direct API and Self-Serve may be subject to different rate limits, response payloads, support levels, and SLAs as set out in the Documentation or the relevant Order Form.

Customer shall use the Services in accordance with fair-use principles and the published rate limits. kwery may throttle, suspend, or temporarily restrict access where Customer's usage materially exceeds the contracted volume, threatens system stability, or otherwise breaches these Terms.

Subject to Customer's compliance with these Terms and payment of all applicable fees, kwery grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to:

• access and use the Services in accordance with the Documentation; and
• use Output Data internally and within Customer's own products and services for Customer's lawful business purposes, including price monitoring, market research, and analytics.

For Consumers, the license is limited to personal, non-commercial use: a Consumer may use the Services and the Output Data for their own private purposes and may not resell, redistribute, or make Output Data available to third parties in any form.

Customer may not resell, redistribute, or make available the raw Output Data feeds to third parties as a standalone product, nor use the Services to build a directly competing pricing-data API. Aggregated, materially transformed, or visualized insights derived from the Output Data may be embedded in a Business Customer's products.

Customer is solely responsible for the security and use of its API keys and any other credentials issued by kwery. All activity carried out under Customer's keys is attributed to Customer. Customer shall not disclose its keys to third parties and shall rotate or revoke any key that is suspected to be compromised.

Customer further agrees not to:

• use the Services in violation of any applicable law or third-party right;
• reverse engineer, decompile, or attempt to derive the source code of the Services, except to the extent expressly permitted by mandatory law;
• use the Services to scrape, harvest, or otherwise extract data in a manner that violates the terms of service of any Source;
• circumvent or attempt to circumvent rate limits, quotas, authentication, or other access controls;
• resell, redistribute, or make raw Output Data available to third parties as a standalone product or feed;
• use the Services to benchmark, build, or train a directly competing pricing-data API or comparable service without kwery's prior written consent;
• interfere with or disrupt the integrity, performance, or security of the Services;
• use the Services in a manner that would subject kwery to obligations under export control or sanctions regulations, including those of the EU, Germany, or the United States; or
• share API keys across legal entities or use them outside the scope of the relevant Order Form.

Fees for Direct API are set out in the applicable Order Form. Fees for Self-Serve access purchased through a third-party marketplace are governed by that marketplace's terms. Unless otherwise stated:

• invoices are payable net thirty (30) days from the invoice date;
• for Business Customers, all fees are exclusive of VAT and other applicable taxes, which Customer shall pay in addition; for Consumers, all fees are quoted and charged gross, including VAT at the rate applicable in the Consumer's place of residence;
• fees are quoted and payable in Euro (EUR) unless otherwise agreed;
• overdue amounts bear interest at the statutory rate pursuant to § 288 BGB, without prejudice to kwery's right to claim further damages.

kwery may suspend the Services after at least seven (7) days' written notice if undisputed fees remain unpaid.

Fees, credit consumption, overage, and cancellation for Self-Serve Plans purchased directly on kwery.co are governed by Sections 8 to 10, which prevail over this Section 7 to the extent of any conflict.

Self-Serve Plans are purchased online and consist of a Free plan and the paid Growth plans. Each plan includes a fixed allocation of Credits per Billing Period: Free 1.000 Credits, Growth S 100.000 Credits, Growth M 200.000 Credits, and Growth L 400.000 Credits. The plan details published on kwery.co/pricing at the time of purchase form part of these Terms.

8.1 What consumes a Credit

• one (1) Credit is consumed for each SKU resolved from one (1) Source, matching, fetching, and returning the offers for that product in a single request, at the credit rate for that Source published in the Documentation and at kwery.co/pricing at the time of the request. Certain Sources may have a different credit rate per resolved SKU than the standard rate described above; the current rate for each Source is the one published and in effect at the time of the request, and kwery may change a Source's credit rate at any time by updating the published rate. Usage is always charged at the rate in effect at the time of the request, so a rate change has no retroactive effect on Credits already consumed;
• requesting the same identifier from multiple Sources consumes one (1) Credit per Source;
• a result where no matching product is found consumes one (1) Credit;
• each retry configured by Customer consumes one (1) Credit.

8.2 What does not consume a Credit

• responses served from kwery's cache;
• failures attributable to kwery's own infrastructure;
• automatic re-matching performed by kwery where an identifier previously resolved to an incorrect product page.

8.3 Rollover and expiry

Unused Credits roll over from one Billing Period to the next and do not expire while the subscription remains active. Credits are consumed oldest-first. Credits are not transferable between accounts and lapse without compensation when the plan is terminated, cancelled, or downgraded to the Free plan.

8.4 Nature of Credits

Credits are a prepaid entitlement to use the Services. They are not electronic money, not a stored-value or payment instrument, not a security, and are not redeemable for cash or exchangeable for any other consideration.

Consumption of Credits remains subject to the rate limits, fair-use rules, and acceptable-use obligations set out in Section 6. Credits do not entitle Customer to exceed the technical limits published in the Documentation.

9.1 Subscription fees

• monthly plans are charged in advance at the start of each Billing Period, have no minimum contract term, and renew automatically until cancelled;
• annual plans are charged upfront for twelve (12) months at the published discounted rate and renew for successive twelve-month terms unless cancelled. For Consumers, kwery sends a renewal reminder in text form in reasonable time before each renewal, and an annual plan that renews beyond its initial term continues as a monthly subscription cancellable with one month's notice;
• prices shown to Business Customers are net and exclusive of VAT; for intra-EU business customers supplying a valid VAT identification number, the reverse-charge procedure applies. Prices shown to Consumers are gross and include VAT, determined at checkout by the Consumer's place of residence;
• payments are processed by kwery's payment service provider, and Customer authorises recurring charges to the payment method stored on the account.

9.2 Overage

Usage beyond the Credits available to Customer in a Billing Period is charged as Overage at the per-1.000-Credit rate published for Customer's plan (currently €3,99 for Growth S, €3,50 for Growth M, and €2,50 for Growth L). Overage is metered by kwery's systems, which are the authoritative record of usage. Rather than accumulating unbilled for the full Billing Period, Overage is charged progressively as it is incurred: an initial charge validates the payment method at the plan's standard charge increment, and subsequent charges within the same Billing Period may be batched at a larger increment once the payment method has demonstrated reliable settlement, as further described in the Documentation.

Regardless of any spend cap set under this Section, if unpaid Overage in a Billing Period reaches €500, kwery may suspend access to the Services until the outstanding amount is collected. This limit applies to all Self-Serve Plans and is not adjustable by Customer.

Customer may configure a monthly spend cap in the dashboard in one of two modes: (i) an alert-only mode, under which Customer is notified on reaching the cap but billing and access continue (the default), or (ii) a hard-stop mode, under which requests are rejected with HTTP status 402 once the cap is reached. A spend cap, in either mode, does not limit Customer's obligation to pay for usage already incurred, nor does its failure to trigger create liability beyond Section 18.

The Free plan operates on a hard stop: once its Included Credits are exhausted, the API returns HTTP status 402 until the next Billing Period or an upgrade.

9.3 Plan changes

• upgrades take effect immediately; the difference in plan fee is charged on a prorated basis and the higher Credit allocation applies from that moment;
• downgrades take effect at the end of the current Billing Period; the lower Credit allocation applies from the next Billing Period;
• kwery may change plan pricing with at least thirty (30) days' notice before the start of the next Billing Period; continued use after that date constitutes acceptance.

9.4 Failed payments

If a charge for Customer's recurring plan fee fails, kwery may retry the payment method and will notify Customer, and may suspend API access after at least seven (7) days' notice if the amount remains unpaid, and may terminate the plan if it remains unpaid for thirty (30) days.

If a charge for Overage fails, kwery may suspend API access immediately, without the notice period in the preceding paragraph, given the shorter collection cycle and lower per-charge amounts involved in Overage billing under Section 9.2. kwery will notify Customer promptly after any such suspension and will restore access on successful payment.

10.1 Cancellation

Customer may cancel a Self-Serve Plan at any time in the dashboard. Cancellation takes effect at the end of the current Billing Period; until that date Customer keeps access to the Services and to the Credits available on the account. No cancellation notice period applies to monthly plans. For Consumers, cancellation is available online in the dashboard at all times, through a route no more burdensome than the one used to sign up.

10.2 Refunds

• fees already paid are non-refundable, and no refund or credit is given for partial Billing Periods, unused Credits, or periods of non-use;
• cancelling an annual plan stops the renewal but does not give rise to a pro-rata refund of the twelve-month term already paid;
• this Section does not limit any refund kwery is required to grant under mandatory statutory law or the German Civil Code's rules on defective performance.

10.3 Billing errors and chargebacks

Customer should report any suspected billing error within thirty (30) days of the relevant invoice date to billing@kwery.co. Verified errors are corrected by credit note or by refund to the original payment method. Customer agrees to contact kwery before initiating a chargeback; accounts with an open chargeback may be suspended until the matter is resolved.

10.4 Consumer withdrawal right

Consumers have a statutory right of withdrawal as set out in Section 11. The no-refund rules in Section 10.2 apply to Business Customers and, for Consumers, only subject to their mandatory statutory rights, including the right of withdrawal and statutory remedies for defective performance.

10.5 No service levels on Self-Serve Plans

Self-Serve Plans are provided without a contractual uptime or latency SLA and without service credits. Service level commitments are available only under a Direct API Order Form.

11.1 Who has the right

If you are a Consumer habitually resident in the European Union or the United Kingdom, you have the right to withdraw from a Self-Serve Plan contract within fourteen (14) days from the day the contract is concluded, without giving any reason.

11.2 How to exercise the right

To exercise the right, inform us (kwery GmbH, Lena-Christ-Str. 2, 82031 Grünwald, Germany, legal@kwery.co) of your decision by a clear statement, for example by email. You may use the model withdrawal form in Section 11.5, but it is not obligatory. The withdrawal period is met if you send the statement before the period expires.

11.3 Beginning of service during the withdrawal period

If you expressly request at checkout that we begin providing the Services before the end of the withdrawal period and you then withdraw, you owe a proportionate payment for the Services provided up to the time of withdrawal. If the Services have been fully performed with your prior express consent and your acknowledgement that you thereby lose the right of withdrawal, the right of withdrawal lapses.

11.4 Effects of withdrawal

If you withdraw, we reimburse all payments received from you without undue delay and no later than fourteen (14) days from the day we receive your withdrawal, using the same payment method you used, unless you expressly agree otherwise. Where a proportionate payment under Section 11.3 is due, it is deducted from the reimbursement.

11.5 Model withdrawal form

11.6 Consumers outside the EU and UK

Where mandatory consumer protection law of your country of residence grants you a withdrawal, cancellation, or cooling-off right, that right applies in addition to and ahead of anything in this Section.

Unless otherwise specified in an Order Form, the subscription term begins on the effective date and continues for the initial term stated in the Order Form. It automatically renews for successive periods of equal length unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term.

Either party may terminate for cause with immediate effect if the other party (i) materially breaches these Terms and fails to cure within thirty (30) days after written notice, or (ii) becomes insolvent, files for insolvency, or ceases to do business in the ordinary course.

Upon termination, all licenses granted to Customer cease and Customer shall stop accessing the Services. Sections that by their nature should survive termination (including Confidentiality, IP, Liability, and Governing Law) survive.

Each party (the "Receiving Party") shall keep confidential all non-public information disclosed to it by the other party (the "Disclosing Party") that is marked or reasonably understood to be confidential ("Confidential Information"), and shall use it only for the purpose of performing under these Terms. The Receiving Party shall protect Confidential Information with at least the same degree of care it uses for its own confidential information, and no less than reasonable care.

Obligations under this section survive for five (5) years after termination. Standard carve-outs apply for information that is publicly available, independently developed, received without restriction from a third party, or required to be disclosed by law or court order (subject to prompt notice to the Disclosing Party where lawful).

Each party shall comply with applicable data protection laws, including the GDPR and the German BDSG. kwery's processing of personal data is described in our Privacy Policy. Where kwery processes personal data on Customer's behalf as a processor within the meaning of Art. 4(8) GDPR, the Data Processing Agreement published at kwery.co/dpa is incorporated into these Terms by reference and applies automatically without the need for a separate signature. The current list of sub-processors is maintained at kwery.co/subprocessors. Enterprise customers who require a counter-signed DPA can request one at dsb@kwery.co.

For transfers of personal data to recipients outside the EEA, the parties shall rely on the EU Standard Contractual Clauses or another lawful transfer mechanism.

kwery and its licensors retain all right, title, and interest in and to the Services, including the underlying software, models, infrastructure, Documentation, and any aggregated or derived data. No rights are granted to Customer by implication, estoppel, or otherwise except as expressly set out in these Terms.

Customer retains all right, title, and interest in and to Customer Data. Customer grants kwery a worldwide, royalty-free license to host, process, and use Customer Data solely as necessary to provide and improve the Services.

Output Data is derived from publicly accessible commercial Sources. kwery does not control these Sources and makes no representation or warranty as to their continued availability, accuracy, completeness, or fitness for any particular purpose. Sources may change their structure, terms, or availability without notice; kwery shall use reasonable efforts to maintain coverage but is not liable for changes outside its control.

kwery warrants that it will provide the Services with reasonable skill and care and in material conformance with the Documentation. To the maximum extent permitted by mandatory German law, all other express or implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed. For Business Customers, the Services are otherwise provided on an "as is" and "as available" basis.

Consumers. Nothing in this Section limits a Consumer's mandatory statutory rights. The statutory regime for conformity and defects of digital services applies to Consumers without reduction; the disclaimers and "as is" language above do not apply to Consumers to the extent mandatory law provides otherwise.

Free, trial, and beta features. Any Services, plans, endpoints, or features designated as "free", "trial", "preview", or "beta" are provided on an "as is" basis without warranty, support commitment, or service level, subject to mandatory consumer rights. kwery may modify, suspend, or discontinue such features at any time without liability. Production use of beta features is at Customer's own risk.

kwery's liability is governed by the following rules, which apply to claims based on any legal ground (including tort, breach of contract, and pre-contractual fault):

• kwery is liable without limitation for damages arising from intent or gross negligence, for injury to life, body, or health, and under the German Product Liability Act (Produkthaftungsgesetz);
• for damages arising from slight negligence in the breach of a material contractual obligation (an obligation the fulfillment of which is essential to the proper performance of the contract and on whose observance Customer regularly relies), kwery's liability is limited to the foreseeable damage typical for this type of contract;
• in all other cases of slight negligence, kwery's liability is excluded;
• subject to the foregoing, kwery's aggregate liability under or in connection with these Terms shall not exceed the fees actually paid by Customer to kwery in the twelve (12) months preceding the event giving rise to the claim;
• kwery is in no event liable for indirect or consequential damages, loss of profits, loss of goodwill, loss of business opportunity, or loss of data, except where caused by intent or gross negligence.

If Customer is a Consumer, the limitations and exclusions in this Section apply only to the extent permitted by mandatory consumer protection law; nothing in this Section limits a Consumer's mandatory statutory rights, including rights arising from defective performance.

Customer shall indemnify and hold kwery harmless from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of Customer's (i) misuse of the Output Data, (ii) violation of any applicable law, or (iii) breach of these Terms.

Neither party shall be liable for any delay or failure to perform under these Terms (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or telecommunications failures, or pandemic.

kwery may modify the Services or these Terms from time to time. kwery shall notify Customer of material changes at least thirty (30) days in advance by email or via the kwery dashboard. Continued use of the Services after the effective date of the changes constitutes acceptance. If Customer objects to a material change, Customer may terminate the affected subscription with effect to the effective date of the change.

Customer may not assign or transfer these Terms or any rights or obligations hereunder without kwery's prior written consent. kwery may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets.

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is Munich, Germany, provided Customer is a merchant within the meaning of the German Commercial Code (HGB), a legal person under public law, or a special fund under public law.

If Customer is a Consumer, the choice of German law applies only to the extent it does not deprive the Consumer of the protection of mandatory provisions of the law of the Consumer's country of habitual residence, and the Consumer may bring proceedings in the courts of their home country where mandatory law so provides. For Consumers outside the EU and UK, mandatory local consumer protection law prevails where it applies.

The European Commission provides a platform for online dispute resolution (ODR), available at ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

• Entire agreement: These Terms, together with any applicable Order Form, DPA, and Documentation, constitute the entire agreement between the parties regarding the Services and supersede all prior or contemporaneous communications.
• Order Form precedence: These Terms govern all self-serve plans (including Starter and Growth S, M, and L). For customers who execute a separate Order Form or Master Services Agreement with kwery, the terms of that signed document prevail over these Terms only to the extent of an express conflict; all other provisions of these Terms continue to apply.
• Publicity: kwery may identify Customer as a customer of the Services and use Customer's name and logo on its website and in customer lists, unless Customer opts out by written notice to legal@kwery.co. Any other use of Customer's marks requires prior written consent.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force.
• No waiver: A failure or delay in enforcing any right under these Terms does not constitute a waiver of that right.
• Notices: Legal notices to kwery shall be sent in writing to legal@kwery.co.
• Language: The English version of these Terms is the binding version. A German translation may be provided for convenience.