Creator Terms – Botnexio (convenience translation; German prevails)

1. Subject: Aramac GmbH provides the Botnexio marketplace for creators to sell digital products in their own name and for their own account. Terms & Conditions apply additionally.
2. Seller information/trader status (Art. 30 DSA, § 312k BGB): Creators declare whether they are traders. Traders provide name/company, address, email, phone, register and VAT ID where applicable, ID and a self-certification to offer only lawful products; shown to buyers. False declarations may lead to suspension.
3. Contract with buyer; payment processing, receipt authority: The contract is between creator and buyer; the creator is responsible for product, rights, warranty and withdrawal. The creator authorises Aramac to process buyer payments via Stripe as direct charges on the creator's Stripe account (retaining the platform fee), receive withdrawal/defect notices, issue refunds via Stripe and send contract confirmations on the creator's behalf. No off-platform refunds without informing support@aramac.me. The creator processes buyer data only to perform the contract and meet legal obligations, as an independent controller, and provides the information required by Art. 13 GDPR (e.g. via a privacy notice or a note in the order confirmation); use for advertising only within legal limits (§ 7(3) UWG).
4. Licence: Default buyer licence: simple, perpetual, non-transferable, own use. Creator grants Aramac rights needed for display and promotion.
5. Remuneration, fees: Stripe Connect Express account required. Creator remuneration: For VAT purposes the Operator is treated as the supplier to the buyer (§ 3(11a) UStG, Art. 9a Reg. 282/2011); the creator supplies to the Operator. The Operator owes VAT on the sale price. For each sale the creator receives 85% of the net sale price (sale price less the VAT owed by the Operator), plus VAT on that amount where the creator owes it (standard-rated in Germany). The difference (platform share plus VAT payable by the Operator) is retained via Stripe as the Operator's application fee. Example (EUR 119 gross, German buyer, 19%): net 100, remuneration 85; a standard-rated German creator retains 85 + 16.15 VAT = 101.15 on its Stripe account, a small business, private individual or creator established outside Germany retains 85, in each case less Stripe fees. Stripe calculates its fees on the full gross amount paid by the buyer (here 119) and deducts them from the creator's balance (no. 3). Stripe fees: All Stripe fees (in particular processing, dispute and payout fees) are borne by the creator. Stripe charges them directly to the creator's Stripe account and deducts them from its balance; the Operator charges nothing for this. Stripe's pricing and terms for the creator's account apply. Stripe fees are also calculated on the share contained in the application fee (platform share and VAT). The creator disables Stripe customer email receipts for Botnexio sales or does not present them as invoices; invoices/receipts to buyers are issued exclusively by the Operator. Refunds and chargebacks: (a) on a justified withdrawal or defect the price is refunded from the creator's Stripe account and the Operator simultaneously refunds the application fee (platform share and VAT) proportionally to the creator's Stripe account. The Operator corrects the VAT, cancels the buyer receipt and corrects the creator's self-billed invoice. Stripe generally does not return the fees charged on the original payment; they remain with the creator unless the Operator is responsible for the refund; (b) chargebacks including Stripe chargeback fees are debited to the creator's Stripe account to the extent the chargeback is not attributable to the Operator (e.g. technical errors of the platform); the creator may contest chargebacks via Stripe and the Operator supports it with the order data it holds; (c) If the Operator exceptionally has to cover a negative balance on the creator's Stripe account, or refunds, chargebacks or fees arising from the creator's sales, the creator shall reimburse the Operator unless the Operator is responsible for the cause. The Operator notifies amount, reason and calculation in text form and allows 14 days for a response. (d) After that period, unless the creator has objected with reasons or the claim is undisputed or established by final judgment, the Operator may recover the amount (1) by increasing the platform share on the creator's future sales by up to 50% of the respective sale price until settled, or (2) if sales within 60 days are insufficient, by invoice payable within 14 days. Each deduction is shown in the fee statement. The creator's statutory rights, in particular objections to the claim, remain unaffected. Taxes, self-billing, cooperation: (a) The Operator settles the creator's supplies by self-billing (§ 14(2) sentence 2 UStG); the creator agrees and may object to an individual self-billed invoice within 14 days; the creator issues no own invoices for the same sales. (b) The creator correctly states and keeps updated: legal form, business or private activity, country and address, tax number and VAT ID if any, and whether the small-business scheme (§ 19 UStG or equivalent) applies. Self-billed invoices to small businesses and private individuals contain no VAT; for creators in other EU states or third countries the reverse charge applies. (c) The creator is liable for tax disadvantages caused by culpably incorrect information; the Operator may correct the remuneration (procedure under (c)/(d) above). (d) The tax classification has not been confirmed by the authorities; if it changes, the Operator adjusts remuneration and invoicing for future sales after at least 15 days' notice in text form. (e) The Operator reports seller data under DAC7.
6. Prohibited content, AI transparency: No infringing, harmful, misleading products, malware, prohibited AI practices (Art. 5 AI Act). Chatbots/generative products must meet Art. 50 AI Act transparency duties. Aramac may restrict content under Art. 16/17 DSA with reasons; complaints to support@aramac.me.
7. Indemnity: The creator indemnifies Aramac against third-party claims based on a culpable infringement of third-party rights or statutory obligations by the creator, including reasonable defence costs. Aramac informs the creator without delay of any claims asserted and, where legally possible, leaves the defence to the creator.
8. Term: Indefinite; termination with 30 days' notice, immediate for cause. German law, CISG excluded; jurisdiction Bonn for merchants. Changes announced 30 days in advance.