Terms of Service (draft)

DRAFT. A lawyer must review this document before it is used. It is not legal advice and it is not in force until Amon Music OÜ publishes a reviewed version. Registry code: [registry code]. Registered address: [registered address].

These terms are a business-to-business contract. They are offered by Amon Music OÜ, a company registered in Estonia ("Amon Music OÜ", "we"), to sellers who are businesses ("you"). You are not contracting as a consumer. Mandatory consumer-protection rules that apply only to consumers do not apply to this contract.

BM-Price is the service described below. The website, the application, and these terms are operated by Amon Music OÜ.

The service

BM-Price helps a seller organisation calculate a net price and a maximum sourcing price from its own Back Market listing and price data. Each price stays at one product id (model, storage, colour, SIM variant, and RAM), condition, new-battery flag, and market. Colours are not averaged together.

We store the listing and price data you connect, including your own price, price to win, winner price, whether you are winning the buybox, currency, and the time of the fetch. We store a new price snapshot when those price fields change.

Amon Music OÜ may aggregate and analyse saved listing and price data for anonymised benchmarking. The published or internal benchmark does not name your organisation, your users, or your listings. In this version, a seller sees only its own prices. Nothing cross-seller is shown to sellers.

Accounts and organisations

A person signs in with email and password, Google, or Microsoft. The password is handled by the authentication provider. Amon Music OÜ does not store the password in the application database.

The person who creates an organisation is its owner. Owners and admins manage settings. Viewers can view and export. The owner connects the Back Market API user and API key. The key is encrypted at rest and is not shown again after it is saved.

You must keep access to the account under your control, confirm the email address, and use the service only for a real seller organisation you are allowed to represent. You must not share the account in a way that hides who is acting.

Your Back Market data

You instruct Amon Music OÜ to process your organisation's listing, price, settings, and membership data in order to provide BM-Price. For that seller data, Amon Music OÜ acts as processor and you act as controller, as described in the privacy notice. You confirm that you have a lawful basis for sharing that data with us, including any personal data inside it.

You are responsible for the accuracy of the API credentials, the markets you enable, the margin rule, and the cost lines. BM-Price calculates from those inputs. It does not place orders, change a Back Market price, or guarantee a buybox.

Plans and suspension

An organisation has a plan and a status. Amon Music OÜ may suspend an organisation that breaches these terms, that we reasonably believe is abusing the service, or that has not paid an agreed fee. A suspended organisation can still view and export its own stored prices. Disconnecting Back Market deletes the stored API secret.

Acceptable use

You must not attempt to access another seller's data, probe the service for secrets, overload it, or upload malware. You must not use BM-Price to break Back Market's rules or the law.

Intellectual property

Amon Music OÜ owns the service, the software, and the anonymised aggregates it produces. You keep your listing and price data. You grant Amon Music OÜ a licence to host, copy, and process that data to provide the service and to produce anonymised aggregates.

Availability and liability

The service is provided as available. Imports, Back Market, email delivery, and hosting can fail. Calculations follow the published formula for the engine version stored with a result. Display rounding is not the stored figure.

To the extent Estonian law allows, Amon Music OÜ is not liable for lost profit, lost buybox, sourcing decisions, or indirect loss. Our total liability arising out of the service in a contract year is limited to the fees you paid to Amon Music OÜ for BM-Price in that year, or €100 if you paid nothing. Nothing in these terms limits liability for fraud, intent, or death or personal injury caused by negligence, or any other liability that Estonian law does not allow to be limited.

Term and deletion

You may stop using the service and ask us to close the organisation. We delete seller organisation data within 30 days after closure, except where a longer period is required below. Anonymised aggregates that no longer identify a seller may be kept. API credentials are deleted when you disconnect them. The privacy notice states the other retention periods.

Governing law and courts

Estonian law governs these terms, without its conflict-of-law rules. The courts of Harju County in Tallinn (Harju Maakohus) have exclusive jurisdiction, except where Estonian law gives a non-waivable forum. The contract language is English.

Changes

We will post a reviewed version of these terms before they replace this draft. If a change is material, we will give the organisation's owner notice to the email on the account before the change applies. Continued use after that date is acceptance. If you do not accept, close the organisation before that date.

Contact

Amon Music OÜ, Estonia. Registry code: [registry code]. Registered address: [registered address]. Privacy contact: [privacy contact email].