Merchant Terms (B2B)
Terms and conditions for Merchants using my-order.download
Provider: my-order.download – sole proprietorship – Peter Faust, Schmittstr. 4, 53123 Bonn, Germany
Support: support@my-order.download
VAT ID: DE450534991
Table of contents
- 0. Definitions
- 1. Scope, B2B-only
- 2. Subject matter and service description
- 3. Contract formation, registration, click-through
0. Definitions
- Provider / we: my-order.download
- Merchant / customer / seller: a business using the Service to deliver digital content to end customers
- Buyer: the Merchant’s end customer
- Service: my-order.download’s technical infrastructure (hosting/delivery/download security/download pages)
- Third-party platforms: e.g. Etsy, Shopify, payment providers, CDN/mail/hosting providers
1. Scope, B2B-only
- These Terms & Conditions apply to all contracts regarding the use of my-order.download (“Service”) between us and the Merchant.
- The Service is intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). By registering, the Merchant confirms that they act as a business (including small businesses/side businesses, provided the activity is commercial).
- Conflicting or deviating terms of the Merchant do not apply unless we expressly agree to them in text form.
2. Subject matter and service description
- We provide a technical infrastructure to deliver the Merchant’s digital content to Buyers after a successful purchase/payment at the respective shop/marketplace.
- Depending on plan and configuration, Service components may include:
- file hosting on EU infrastructure and delivery via CDN/edge services
- generation of private download pages per order/Buyer
- time-limited links/tokens/sessions and download limits
- email verification and/or access protection
- display of product information (name/thumbnail/description) from the shop/marketplace or Merchant input
- monitoring/import of orders via connected platforms and automated sending of download links by email
- No payment processing / not a party to the purchase contract: We do not handle payment processes and are not a party to the purchase contract between Merchant and Buyer.
3. Contract formation, registration, click-through
- The contract is concluded when the Merchant registers for the Service online and accepts these Terms (and, if applicable, other documents such as privacy information/DPA) via click-through.
- We may reject registrations or deactivate accounts if required for technical, legal, security, or compliance reasons.
4. Merchant cooperation obligations
The Merchant is responsible for:
- Configuration & data quality: correctness of the connected shop/marketplace configuration and the information provided.
- Content/assets: provision, maintenance and up-to-date status of the digital content/assets.
- Rights/licenses: ensuring that the Merchant holds all rights/licenses required to store, reproduce and deliver the content to Buyers.
- Legal compliance: no unlawful content (in particular copyright infringement, malware, criminal/prohibited content).
- Platform rules: compliance with applicable laws (Germany, Merchant location, Buyer location) and platform rules.
- Buyer notice before purchase (mandatory): The Merchant must clearly inform Buyers before completing the purchase that the digital delivery is handled via my-order.download (e.g. in listing text, checkout text, FAQ or order confirmation, where possible).
The notice must include at least:- that delivery/download is provided via my-order.download,
- that download links may be time-limited and/or limited in number,
- that content-related support (content/license/withdrawal/refund) is handled by the Merchant.
- Backups: The Merchant remains responsible for their own backups of content and data; the Service is not a backup guarantee.
5. End customer support (separation of responsibilities)
- Content-related complaints (wrong product/defect, license, withdrawal, refund, invoice, etc.) are handled exclusively by the Merchant.
- Buyers may report technical issues with a download link/download page to the Merchant; the Merchant can contact us for technical support.
- Optional (plan-dependent), technical Buyer support may be offered by us.
6. Acceptable use / abuse
- The Merchant must not misuse the Service, in particular not to distribute unlawful content or to circumvent security mechanisms.
- If we suspect abuse, security incidents or legal violations, we may, among other things, (a) temporarily block downloads, (b) reset links/tokens, (c) deactivate content, (d) restrict or terminate accounts.
- Statutory reporting/disclosure obligations remain unaffected.
7. Security features / link rules
- Download links/tokens are, depending on plan/configuration, time-limited and/or limited in number.
- Security mechanisms (e.g. rate limiting, bot protection) may be implemented by us or by providers (e.g. CDN).
- Optional IP/device binding may be offered; if enabled, this can make recovery (e.g. switching devices) more difficult.
8. Availability / maintenance / support (“best effort”)
- We provide the Service to the best of our knowledge and with economically reasonable means (“best effort”). No SLA is promised unless explicitly agreed.
- Maintenance may lead to limitations; planned maintenance will be announced in advance where possible.
- Support: “best effort” on business days Mon–Fri via support@my-order.download.
9. Fees / billing / pricing reference
- The current prices/plans published on our pricing page apply: Pricing page (or the conditions shown during checkout).
- Billing is handled via Stripe or a comparable payment service provider.
- The Merchant is responsible for keeping their billing/payment details up to date and for any applicable taxes.
10. Term / termination / consequences
- Depending on the selected plan, the contract runs monthly or yearly.
- Termination is possible at the end of the paid billing period. A paid period will not be refunded pro rata unless mandatory law requires otherwise.
- After termination, downloads may remain active—depending on Merchant settings/retention—until the configured periods expire.
- If offered, the Merchant can trigger “Delete now”; links/downloads will be deactivated and data deleted in accordance with privacy/DPA (note technical deletion timelines/backups).
11. Rights in content / licenses
- The Merchant remains the owner of all rights to their content.
- For the term of the contract, the Merchant grants us a non-exclusive right to reproduce and transmit the content solely for the purpose of technical storage, processing and delivery.
- The Merchant’s trademarks/logos may only be used for display in the Merchant account or on download pages insofar as required to provide the Service.
12. Liability (B2B – maximum limitation)
- To the extent permitted by law, we are not liable for slightly negligent breaches of duty unless this concerns a breach of essential contractual obligations (cardinal duties).
In this case, liability is limited to the typically foreseeable damage. - Liability remains unaffected:
- in cases of intent and gross negligence,
- in cases of injury to life, body or health,
- under mandatory statutory liability provisions, insofar as applicable.
- To the extent permitted by law, we are not liable for loss of profit, indirect damages, consequential damages or data loss.
- We are not liable for disruptions attributable to third-party providers (e.g. CDN/hosting/mail/platform APIs) unless we are responsible for them.
13. Indemnification
The Merchant indemnifies us against all third-party claims (including Buyers, rights holders, authorities) arising from the Merchant’s content, legal violations or breaches of contract, including reasonable legal defense costs.
14. Data protection / processing on behalf (short)
- We process personal data for contract performance (incl. Merchant account data, order data, Buyer email address, IP/user agent/download events).
- Where we process data on behalf of the Merchant (especially Buyer data), we conclude a data processing agreement (DPA) under Art. 28 GDPR (see Annex 1).
- Sub-processors (as of today): Cloudflare (incl. R2), Supabase, Mailersend, Brevo, Stripe.
15. Third-party platforms / Etsy notes
- When connecting marketplaces (e.g. Etsy), their terms also apply. The Merchant is responsible for ensuring that the use and configuration comply with platform rules.
- Etsy disclaimer (must be displayed prominently):
“The term ‘Etsy’ is a trademark of Etsy, Inc. This Application uses Etsy’s API, but is not endorsed or certified by Etsy.”
16. Cookies (technical only)
- The Service currently uses only technically required cookies/storage mechanisms necessary for operation, security and the download process (e.g. session/token-related functions, abuse protection).
- No tracking/marketing cookies requiring consent are used at this time. Therefore, no cookie banner is currently planned.
(If this changes, we will implement the required consent mechanisms.)
17. Changes to these Terms
- We may change these Terms if required for legal/technical reasons.
- Material changes will be communicated before they take effect via email or in-app notice. If the Merchant does not object within a reasonable period, the changes are deemed accepted.
18. Final provisions
- German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- Place of jurisdiction for merchants/entrepreneurs is Bonn or our registered office.
- If individual provisions are invalid, the remainder of the contract remains effective.
Annex 1 – DPA (Data Processing Agreement) (Draft)
A1. Parties
- Controller: Merchant (Seller)
- Processor: my-order.download (Provider)
A2. Subject matter and duration
The subject matter is the processing of personal data to provide hosting/delivery/download security for digital products. Duration: term of the Merchant contract + deletion periods/backups.
A3. Nature and purpose of processing
- capturing/processing orders, assigning assets, generating download links/tokens
- sending emails to Buyers (download link, optional verification)
- logging download events (security, abuse detection, evidence)
A4. Categories of data subjects / data
- Data subjects: Merchant users, Buyers
- Data: account/shop data; Buyer email address, order/product IDs; IP address, user agent, timestamps, download events.
A5. Instructions
We process data only according to the Merchant’s documented instructions (configurable settings, retention, delete-now, etc.). Statutory obligations take precedence.
A6. Confidentiality
All persons authorized to process data are bound to confidentiality.
A7. TOMs (short list)
- access control (role-based), least privilege
- transport encryption (TLS)
- logging of security-relevant access/events
- tenant separation
- backup/recovery according to provider standards (no backup guarantee)
- incident process for security incidents
A8. Sub-processors
Currently: Cloudflare (incl. R2), Supabase, Mailersend, Brevo, Stripe. Changes will be announced; the Merchant may object for good cause.
A9. Assistance obligations
Assistance with data subject requests, deletions, information requests and security incidents within a reasonable scope.
A10. Notification of personal data breaches
We will inform the Merchant without undue delay as soon as we become aware of a personal data breach.
A11. Deletion/return
After the end of the contract, we delete data according to Merchant settings and technical deletion timelines; backups are overwritten according to usual cycles.
A12. Controls/audits
Audits to a reasonable extent after prior notice, while protecting trade secrets and security.