FoxPay

Terms of Service

§ 1 Scope

(1) These General Terms and Conditions (hereinafter "Terms") apply to all business relationships between FoxPay UG (limited liability) (hereinafter "FoxPay", "we" or "us") and our customers (hereinafter "Merchant", "you" or "your") regarding our payment services.

(2) The version of these Terms valid at the time of contract conclusion shall apply.

(3) Deviating, conflicting or supplementary General Terms and Conditions of the Merchant shall only become part of the contract if and to the extent that we have expressly agreed to their validity.

§ 2 Service Object

(1) FoxPay provides online payment services for e-commerce merchants. Our services include the processing of payment transactions between merchants and their customers.

(2) The specific services, their scope and conditions are set out in the respective service description, contractual agreements and these Terms.

(3) FoxPay is entitled to have the services provided by third parties.

§ 3 Contract Conclusion

(1) The presentation of our services on the website does not constitute a legally binding offer, but an invitation to make an offer.

(2) The merchant makes a binding offer to conclude a contract by completing and submitting the registration form.

(3) We may accept the merchant's offer within 14 days of receipt. Acceptance is made by sending a confirmation of acceptance by email or by activating the merchant account.

(4) The contract text is stored by us and sent to the merchant after contract conclusion together with the Terms in text form (e.g. email).

§ 4 Merchant Obligations

(1) The merchant undertakes to provide all information required for the use of FoxPay services completely and truthfully.

(2) The merchant is obliged to keep their access data secret and protect it from access by unauthorized third parties.

(3) The merchant undertakes to inform FoxPay immediately of all changes to their data.

(4) The merchant may only use FoxPay services for lawful business and must comply with all applicable laws and regulations.

§ 5 Fees and Payment Conditions

(1) The amount of fees for using FoxPay services is set out in the current price list, which can be viewed on our website.

(2) Fees are billed monthly and are due within 14 days of invoicing.

(3) FoxPay is entitled to change the fees with 30 days' notice to the end of the month. The change will be communicated to the merchant by email.

(4) All prices are exclusive of the applicable statutory VAT.

§ 6 Service Availability

(1) FoxPay strives for the most uninterrupted availability of services possible. However, 100% availability cannot be guaranteed.

(2) Maintenance work will, where possible, be carried out outside normal business hours and announced in advance.

(3) FoxPay is not liable for outages caused by force majeure, strikes or other circumstances beyond FoxPay's control.

§ 7 Liability

(1) FoxPay has unlimited liability for damages caused intentionally or through gross negligence, for injury to life, body or health, and under the provisions of the Product Liability Act.

(2) In case of slight negligent breach of essential contractual obligations, liability is limited to foreseeable, contract-typical damage.

(3) Otherwise, FoxPay's liability is excluded.

(4) The above liability limitations also apply in favor of FoxPay's employees, representatives and agents.

§ 8 Data Protection

(1) FoxPay processes personal data of the merchant and their customers within the framework of applicable data protection regulations, in particular the GDPR.

(2) Further information on data processing can be found in our privacy policy.

(3) The merchant undertakes to inform their customers about data processing by FoxPay and obtain necessary consents.

§ 9 Contract Term and Termination

(1) The contract is concluded for an indefinite period.

(2) Both parties may terminate the contract with 30 days' notice to the end of the month.

(3) The right to extraordinary termination for good cause remains unaffected.

(4) Termination requires text form (e.g. email).

§ 10 Changes to Terms

(1) FoxPay reserves the right to change these Terms at any time.

(2) Changes will be communicated to the merchant by email at least 6 weeks before they take effect.

(3) The merchant may object to the changes within 6 weeks of receipt of the change notification. In case of objection, both parties have a special right of termination.

(4) If the merchant does not object within the deadline, the changes are deemed accepted.

§ 11 Dispute Resolution

(1) The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr

(2) We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 12 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) The place of performance is FoxPay's registered office.

(3) The place of jurisdiction for all disputes arising from this contract is, insofar as the merchant is a businessman, legal person under public law or special fund under public law, FoxPay's registered office.

(4) Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

Last updated: November 2025

AGB | FoxPay