IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES WITH US RATHER THAN RESOLVE DISPUTES THROUGH A JUDGE OR JURY TRIAL, OR ANY COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. BY ACCESSING OR USING THE PLATFORM, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM. PLEASE READ CAREFULLY.
THIS AGREEMENT CONTAINS A SPECIFIC TAX AND FISCAL COMPLIANCE CLAUSE. You acknowledge that you are solely responsible for ensuring that your use of DreamDiner complies with all applicable tax, fiscal, accounting, and regulatory requirements in the jurisdictions where you operate. If the applicable laws require functionality or certification not provided by DreamDiner, you will not use the Services for those activities. Read more arrow_forward
Welcome to Shifts Planner. This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER contained herein, governs your access to, use of, and participation in the platform and services made available by Sellera GmbH ("Sellera," "we," "us," or "our"), including all of its imprints, brands, and DBAs (doing business as), including without limitation: DreamDiner.io, Plannera.app, Trigo.work, BookingsPlanner.com, and ShiftsPlanner.com. All such imprints and DBAs are owned and operated by Sellera GmbH and are fully subject to these Terms.
By accessing or using our Service, you, on behalf of yourself and any entity or other individual you represent (collectively, "You" or "Your") agree to be bound by these Terms, our Privacy Policy, and any documents, policies or other terms incorporated by reference or linked herein. These Terms form a legally binding agreement between You and Sellera. If You do not agree with these Terms, do not access or use the Platform.
All references to "you" or "your" mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity or other individual, you represent and warrant that you have the authority to bind that entity or individual to these Terms.
These Terms incorporate by reference the following policies and terms:
- Sellera's Privacy Policy, which describes how Sellera processes or controls data
- SMS Terms and Conditions, which describes the provision and delivery of text messages by Sellera or its service providers
- Sellera Guarantee Terms and Conditions, which describes Sellera's Money-Back Guarantee and Property Damage Guarantee
- Additional Sellera Guidelines, Policies, and Terms
Certain areas of and/or products on the Platform may require You to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter takes precedence with respect to Your use of that area or product.
- "Account" refers to your registered profile on our Service.
- "Collective Content" means User Content and Sellera Content together.
- "Consumer" means a registered User on the Platform who seeks, books, pays for, or receives Pro Services. A Consumer may also be referred to as a "customer."
- "Content" means any information, content and materials, including text, graphics, images, music, software, audio, video, profile information, Pro Services requests, photographs, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
- "Fee" means any amount charged by Sellera to a User in connection with the Platform.
- "Feedback" means any feedback, comments, questions, or suggestions provided by a User concerning Sellera or our services, including our Platform.
- "Platform" means all Sellera websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through Sellera, including all imprints and DBAs.
- "Privacy Policy" means the Sellera Privacy Policy located at https://www.sellera.tech/privacy/, including any amendments or modifications thereto.
- "Pro Services" means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Professionals, or sought, scheduled, paid for, or received by Consumers, through the Platform.
- "Sellera Content" means all Content Sellera makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
- "Service" refers to Shifts Planner's digital services, websites, and applications.
- "Service Professional" means a registered User on the Platform who offers, provides, receives payment for, or facilitates the provision of Pro Services. Service Professionals are often referred to as "pros."
- "User" means a person or entity who uses the Platform, completes Sellera's account registration process, agrees to these Terms, or utilizes any services offered by or through the Platform.
- "User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User, including but not limited to photographs, voice or audio recordings, videos, profile information, reviews, requests, messages, and payments made through the Platform, but excluding Sellera Content and Feedback.
Your continued use of the Service after any updated Terms become effective constitutes your acceptance of the revised Terms.
The Platform is an online web-and app-based marketplace that enables Service Professionals and Consumers to connect. Sellera does not sell or otherwise provide Pro Services. Consumers understand that any facilitation does not constitute a warranty, guarantee, or endorsement in relation to the Pro Services. Those who choose to access the Platform do so of their own initiative and at their own risk and are responsible for compliance with applicable laws. Service Professionals understand and agree that using the Platform does not guarantee that anyone will engage them for Pro Services.
Service Professionals are customers of Sellera, and are not Sellera employees, contractors, consultants, joint venturers, partners, or agents. Service Professionals provide their own equipment, select their own jobs, develop their own expertise, are free to work through other platforms, and determine their own work schedule. Sellera does not control or direct the services a Service Professional provides if engaged by a Consumer or any other person.
4.1 Customer Verification Responsibility
You are solely responsible for personally verifying with each customer, in connection with each order, any sensitivities, allergies, dietary restrictions, or other special requests relating to dishes or ingredients. Any information presented in the digital menu is provided for general informational and recommendation purposes only and does not replace your obligation to directly and clearly question the customer regarding allergens, sensitivities, and other relevant dietary concerns before fulfilling the order.
4.2 AI Assistance Disclaimer
Any AI-based feature, recommendation, or digital assistant made available through the Service is provided on a beta basis only and for recommendation purposes only. Such AI functionality does not replace your obligation to thoroughly monitor, review, and verify any order, invoice, or related output after using it. We shall not be responsible or liable for any errors, disruptions, inaccuracies, or other issues arising out of or related to your use of the AI digital assistant.
4.3 Third-Party Services and Integrations
The Service may rely on, interoperate with, or provide access to third-party services, integrations, payment processors, hosting providers, messaging tools, AI providers, or other external systems. We do not control and are not responsible for the availability, accuracy, performance, security, legality, or failure of any third-party service or integration, and your use of such third-party services may also be subject to their own terms and policies.
4.4 No Employment Relationship
Your use of the Service and any relationship between you and Sellera GmbH is solely a contractual service relationship. Nothing in these Terms, the Service, or the parties' interactions shall be construed to create any employer-employee relationship, partnership, joint venture, agency, fiduciary, or similar relationship between you and us in any form.
5.1 Account Creation
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, You will need to create a password-protected account ("Account"). You may register using certain third-party credentials (e.g., Facebook or Google) ("Third-Party Site Password"). Please note that Your Third-Party Site Password may be subject to such third party's terms and conditions and privacy policy. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
5.2 Account Security
You are solely responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account, even if not authorized by you
- Notifying us immediately of any unauthorized use of your account
Sellera is not liable for any losses caused by any unauthorized use of your Account. Your Account is non-transferable except with Sellera's written permission and in accordance with Sellera policies and procedures.
5.3 Data Retention
We retain account information, transaction records, and other data related to your use of the Service only for as long as reasonably necessary to provide the Service, fulfill our contractual and legal obligations, resolve disputes, enforce these Terms, and protect our legitimate business interests. When data is no longer required for these purposes, we will delete it or anonymize it in accordance with applicable law and our Privacy Policy.
5.4 Relationship to Privacy Policy
Our collection, use, storage, and protection of personal data are also governed by our Privacy Policy. In the event of a conflict between these Terms and the Privacy Policy with respect to the processing of personal data, the Privacy Policy will govern to the extent of that conflict.
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements. We do not knowingly allow individuals under 18 to engage in any transactions involving purchases or payments. If we become aware that a user under 18 has made an order or payment, we reserve the right to cancel such transactions and take appropriate action, including account suspension or termination.
Subject to Your compliance with these Terms, Sellera grants You a limited, non-exclusive, revocable, non-transferable, non-assignable, and non-sublicensable license to (i) access and use the Platform, and (ii) access and view any Content, information and materials made available on the Platform, in all cases for Your personal and non-commercial use and only in connection with the intended purpose of the Platform.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are only for personal or internal business use. You may not use the Platform or Collective Content in any way that is unlawful, that violates these Terms, or that harms us or any other person or entity. Any rights not expressly granted by Sellera are reserved.
By registering and using the Platform to offer Pro Services, Service Professionals represent and warrant that they, and the employees, agents, suppliers, contractors, and subcontractors who may perform work for them:
- Are properly and fully qualified, experienced, licensed, certified, bonded, and insured, as required by applicable laws or regulations in the jurisdiction(s) in which they offer Pro Services
- Will comply and will continue to comply with all applicable laws, including applicable privacy and marketing laws
- Will perform the Pro Service as outlined in their agreement with the Consumer and work to remedy any material deviations from such agreement
- Will perform Pro Services in a professional, workmanlike manner in accordance with industry standards and in accordance with these Terms
- Will promptly inform Sellera of any criminal convictions that occur during use of the Platform involving fraud, theft, violence, sexual misconduct, or any offense related to the nature of services performed
We may, in our sole discretion, permit You to post, upload, publish, submit or transmit User Content. You are and remain solely responsible for all Your User Content. By making available any User Content on or through the Platform, You hereby grant to Sellera a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, or by means of the Platform or to promote, market, or advertise the Platform or Pro Services, or for any other purpose in our sole discretion and in accordance with applicable law, without any approval by, or compensation to, You. The contents of private messaging through the Platform will not be used by Sellera in public advertising. The license granted to Sellera will survive termination or expiration of these Terms.
You represent and warrant that:
- You have all rights, licenses, consents and releases necessary to grant Sellera the rights in such User Content
- Your User Content will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights ("IP Rights"), or rights of publicity or privacy, or result in the violation of any applicable law or regulation
- Any User Content depicting Pro Services that could reasonably be perceived as representing actual work product or completed projects are authentic and not generated using artificial intelligence tools or systems
Sellera reserves the right, at any time and without prior notice, to remove or disable access to User Content that we consider to be in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason in our sole discretion. If You believe that any User Content infringes any copyright that You own or control, please see our Copyright & DMCA Policy for more information.
9.1 Ownership of Uploaded Content & Copyright Indemnification
Regarding copyright and any other intellectual property, including all images, photographs, graphics, logos, menu items and descriptions, and other texts that You upload to or make available through the Platform, it is Your sole responsibility to ensure that You own such content or have obtained all rights, licenses, permissions and consents necessary to use it. You represent and warrant that such content does not and will not infringe, misappropriate or violate the copyright, trademark or other intellectual property or proprietary rights of any third party.
You agree to indemnify, defend and hold harmless Sellera and its affiliates, officers, directors, employees and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to any actual or alleged copyright infringement or other intellectual-property violation in connection with content You uploaded or provided. Should any such claim be filed against us in this regard, You will bear full responsibility for it.
Sellera does not review, vet, endorse, warrant or make any representation concerning any User, or any Pro Services. No agency, partnership, joint venture, or employment is created as a result of the Terms or any User's use of any part of the Platform.
Any designations applied to a Service Professional's account, such as "badged," "vetted," "top rated," "best of," "background checked" (or similar language), indicate only that that account has completed a specific process or met certain review standards at a point in time. Any such designations do not constitute an endorsement, warranty, certification or guarantee by Sellera, and are not a representation that the Service Professional is licensed, insured, safe or suitable for any particular project. Sellera does not conduct background checks on every individual Service Professional.
You are solely responsible for all of Your communications and interactions with other Users. You should always exercise due diligence and care before hiring any Service Professional. Sellera explicitly disclaims all liability for any act or omission of any Users or third parties. By using the Platform, You understand and agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against those particular Users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Sellera with respect to such actions or omissions.
As a User of the Platform, You may not, and represent and warrant that You will not, engage or attempt to engage in any of the following activities, directly or indirectly:
- Misrepresentation: Using another person's Account; misrepresenting Your identity, qualifications, Pro Services, projects, or quotes; posting Content in inappropriate categories; or otherwise committing fraud
- Unauthorized Scraping: Using automated tools (including robots, spiders, or scrapers) to access the Platform without Sellera's prior written consent, or collecting, harvesting, publishing, selling or using personal information for unauthorized purposes, including targeted advertising or commercial solicitation
- Misuse of Content: Copying, misusing, or misappropriating Platform information or Content in any manner, including for use on a mirrored, competitive, or third-party site
- Interference & Security Breach: Taking any action that (a) disrupts the Platform's operations; (b) circumvents, disables or interferes with security measures; (c) introduces viruses, harmful code, malware, ransomware, or any other technologies that may harm Sellera or our Users; or (d) violates IP Rights or other rights of any third party, including privacy or publicity rights
- Circumvent Payment: Attempting to circumvent or manipulate Your payment obligations to Sellera, or using the Platform in any manner that circumvents your obligation to pay Sellera for access to services
- Violate Laws & Policies: Violating any applicable laws, regulations, or Sellera Policies, including in connection with Your receipt or provision of Pro Services
- Fail to Honor Opt-Out Requests: Failing to comply with a User's requests to no longer receive phone calls, text messages, e-mails or any other communications from You
- Recruitment & Solicitation: Recruiting, soliciting, or contacting Users for employment or any other use not specifically intended by the Platform
- Inappropriate or Unlawful Content: Submitting, posting, or transmitting Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law
- Advertise Unrelated Services: Advertising or soliciting a Pro Service not related to the Platform, including any service that (a) is not in supported categories or provides only products; (b) competes with Sellera; (c) promotes Ponzi schemes, spam, pyramid schemes, or unsolicited commercial content, discount cards, credit counseling, contests, raffles, prizes, or giveaways; or (d) offers a Pro Service not reasonably available in the location advertised
- Undermine Reviews: Undermining the efficacy or integrity of reviews or ratings systems, including exchanging money in return for a review or otherwise facilitating a review that is not accurate or based on a real experience
- Fail to Deliver: Failing to perform Pro Services purchased from You as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement
- Double-Charge: Seeking to charge a Consumer for Pro Services when payment has already been, or is scheduled to be, initiated
- Fraudulent Conduct: Engaging in fraudulent conduct, including offering to make money transfers with intent to request a refund or soliciting Users to mail cash or use payment methods prohibited by Sellera
- Account Misuse: Creating more than one Consumer or more than one Service Professional Sellera account without our written permission
- Circumvent On-Platform Payment: Circumventing, or seeking to circumvent, payment through the Platform where payment through the Platform is mandatory or initiated by a Consumer
- Spam: Sending, posting, or transmitting any unsolicited messages, chain letters, spam, or junk mail using the Platform or information collected therefrom; or using information obtained through the Platform to profile or contact individuals off of the Platform
- Undertaking any activity or engaging in any conduct that is inconsistent with the business or purpose of the Platform, or attempting to indirectly undertake any of the foregoing
12.1 Our Rights
Sellera Content is protected by IP Rights and other proprietary and intellectual property rights under the laws of Germany, other countries, and international conventions. Except as expressly provided in these Terms, Sellera and our licensors exclusively own all right, title, and interest in and to the Platform and Sellera Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Sellera used herein are trademarks or registered trademarks of Sellera. No licenses, express or implied, are granted by Sellera to You under any IP Rights, trade secret, or other intellectual property right of Sellera, and all such rights are reserved and retained by Sellera. ALL RIGHTS RESERVED.
Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
12.2 User Content License
You retain rights to content you submit but grant us the worldwide license described in Section 9 above to use, reproduce, modify, and distribute such content.
12.3 Copyright Policy
We expect Users to respect copyright law. We may, in our sole discretion, suspend or terminate the Account of any User who infringes or is believed to be infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.
13.1 Fees and Charges
- All fees are in euros unless otherwise stated
- Sellera charges Fees in connection with the use of the Platform, which may change or be updated at any time in Sellera's sole discretion
- You are responsible for checking the relevant pricing or billing areas of the website for current fees and updates
- Except as otherwise expressly described herein or in our Refund Policy, all sales on the Sellera Platform and Fees paid by you to Sellera are final and non-refundable
13.2 Billing
- Payment is required in advance for subscription services
- Refunds are provided in accordance with applicable law and our Refund Policy
- Failed payments may result in service suspension
- In order to use Sellera, you must have at least one valid payment method stored on file
13.3 Budget for Service Professionals
As a Service Professional, Sellera may require you to set one or more spending limits ("Budgets") for how much you are willing to spend on certain Fees over a specific period ("Budget Period"). You will not be charged the Budget amount upfront or automatically — your Budget is not a subscription. Sellera may limit the number of times you can change your Budget during a given Budget Period in its sole and absolute discretion. If you do not change your Budget in advance of a subsequent Budget Period, your Budget from the then-current Budget Period will automatically be used for that subsequent Budget Period.
13.4 Prepaid Packages & Credits
- Sellera may provide Service Professionals the opportunity to purchase packages of prepaid lead generation fee credits ("Credits")
- All sales of Prepaid Packages are final; unused portions are not refundable and not redeemable for cash
- Purchased credits remain valid for one year from the date of purchase, unless otherwise required by applicable law
- Purchased credits are non-refundable once purchased, except where refunds are required by applicable law
- All unused credits will no longer be redeemable if your Account is closed for any reason
13.5 Penalty Fees
Sellera may charge penalty Fees for fraud, misconduct, late payment or other violations of these Terms, as determined in our sole discretion. Sellera may also charge certain penalty Fees disclosed directly in the Platform, including cancellation Fees.
13.6 Invoice Review Responsibility
You are responsible for thoroughly reviewing each invoice and verifying that the calculated amount received matches the prices of the products or services sold under that invoice. Any discrepancy, error, or concern must be reported to us without undue delay.
13.7 Cancellation Policy
You may cancel your subscription or recurring service at any time through your account settings or by contacting us using the contact details provided in these Terms. Unless otherwise stated in a separate agreement, cancellation will take effect at the end of the current billing period, and you will continue to have access to the Service until that period ends. Fees already paid are non-refundable except where refunds are required by applicable law or expressly stated by us in writing.
13.8 Taxes and Reporting Responsibility
You are solely responsible for determining, charging, collecting, reporting, and remitting any taxes, VAT, duties, levies, or other governmental charges arising out of your products, services, sales, invoices, or business activities conducted through the Service. You are also responsible for maintaining all legally required accounting, tax, and business records.
13.9 Data Backup Responsibility
You acknowledge and agree that we are not responsible for maintaining, storing, or backing up your business data on your behalf. It is your sole responsibility to periodically create and maintain complete backups of all data, content, and information that you provide to or process through the Service.
You are responsible for reviewing the current fees, commissions, rates, and other charges applicable to your use of the Services. Current information is available in your account reports and in our documentation.
Fees and commissions may change from time to time. We may update the applicable rates, reports, and documentation without sending a separate email notice for each change, subject to applicable law. Your continued use of the Services after an updated rate becomes effective constitutes acceptance of the updated fees and commissions.
We encourage you to review your reports and our documentation regularly. If you do not agree with an updated fee or commission, you may stop using the affected Service before the change takes effect.
The Sellera platform may facilitate payments between Consumers and Service Professionals ("Marketplace Payments") through our authorized payment processing partners, which may include Stripe, PayPal, and Grow (collectively, "Payment Processors"), but Sellera is not a party to any such Marketplace Payments or any Pro Services related thereto. Unless otherwise indicated, Marketplace Payments may be made for services only; Marketplace Payments for tangible personal property is prohibited. By agreeing to these terms or continuing to operate as a Service Professional on the Platform, you hereby appoint Sellera to act as your agent for the limited purpose of facilitating and receiving Marketplace Payments on your behalf through the applicable Payment Processor.
Service Professionals who receive Marketplace Payments must agree to the applicable terms and agreements of the relevant Payment Processor (e.g., the Stripe Connected Account Agreement including the Stripe Services Agreement, PayPal's User Agreement, or Grow's applicable terms). As a condition of receiving payment processing services, you agree to provide Sellera with accurate and complete information about you and your business. Service Professionals also agree that Sellera may debit their payment processor account in connection with disputes with Consumers. Sellera reserves the right to process such debits and to withhold final payments until Sellera has investigated disputes.
All requests for Marketplace Payment chargebacks, errors, claims, refunds and disputes ("Payment Disputes") will be subject to review by Sellera in accordance with the rules applicable to the payment method you used and will be in Sellera's absolute discretion. You may file a Payment Dispute by emailing it to Sellera support at info@sellera.tech. We will normally process a valid written Payment Dispute request within 30 days after we receive it, unless a shorter period is required by law.
15.1 Subscription Services
Sellera may offer additional, subscription-based, online services ("Subscription Services"). Such Subscription Services, if applicable and made available to you by Sellera, will be subject to additional terms and conditions. Where applicable, at the end of your subscription, your subscription will automatically renew for periods of the same length as your original subscription. You can opt-out pursuant to the methods and procedures set forth in the applicable Subscription Service terms and conditions.
15.2 Promotions
You may receive certain offers from Sellera ("Promotions"), including discounts, credits, or free services. Any Promotions are offered at Sellera's discretion, expire in accordance with the stated terms of the particular Promotion, and may be revoked at any time and for any reason. Promotions are not redeemable for cash unless otherwise required by law. Any attempt to abuse, defraud, or circumvent terms of a Promotion, including providing false information or utilizing multiple User accounts, is grounds for revocation of the Promotion. You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Sellera offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an Account in good standing with Sellera.
In order to provide customer support, ensure appropriate charging of Fees and monitor compliance with these Terms, Sellera may use a third-party service provider to monitor, record, or transcribe communications between Consumers and Service Professionals that occur off of the Platform but through features and services provided by Sellera (e.g., via Sellera Messenger, Sellera's masked telephone number feature, or any other means), at all times to the extent permitted by applicable law. We monitor, record, or transcribe these communications for lawful purposes and those purposes set forth in our Privacy Policy. By using the communication features provided by Sellera, You consent to Sellera's monitoring, recording, and transcribing of such communications.
By creating an account or using our Services, you agree that we may send you emails relating to your use of the Services. These emails may include important service updates, security notices, account information, feature announcements, product guidance, and recommendations intended to help you use and benefit from the Services.
We aim to send only relevant and necessary communications that support the operation, improvement, and effective use of our Services. We do not send unrelated or excessive advertising emails.
You may opt out of non-essential product and promotional emails at any time by contacting us at info@sellera.tech. Please note that you may still receive essential service, security, legal, or account-related communications where permitted or required.
Sellera may publicly display advertisements, paid content, and other sponsored information. Service Professionals may compensate Sellera to highlight themselves in search results and therefore rank higher. Any such Service Professionals will be clearly designated in applicable search results. Our provision of advertisements, paid content, or other sponsored information does not imply that we monitor or endorse any such product, service, or website being promoted.
The Platform may provide links to third-party websites for Your convenience only. The inclusion of these links does not imply that Sellera monitors or endorses these websites or their respective practices. Sellera does not accept any responsibility for such websites. Sellera shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms and our Privacy Policy do not apply to your use of any third-party websites.
"Consumer Personal Information" means information that identifies, relates to, describes, or is reasonably capable of being linked, directly or indirectly, to an identifiable Consumer that Sellera discloses to You in connection with a service request. Any Consumer Personal Information that Sellera discloses to You may be used only for the limited purpose of evaluating, communicating about, and performing that specific service request. You may not sell, share, or disclose that information to any third party, and You may not use it for any purpose other than the specific service request for which it was disclosed.
You agree to comply with all applicable data protection laws and to provide the same level of privacy and security protections for Consumer Personal Information as required under applicable law. You must notify Sellera promptly at info@sellera.tech if you determine You can no longer meet these obligations. In the event of any conflict between this section and any other provision of these Terms, this section controls with respect to the handling of Consumer Personal Information.
If You send us any Feedback, You represent and warrant that You have the right to disclose the Feedback and that Your Feedback does not infringe or violate any third-party rights or include any third-party, confidential or proprietary information. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, transferable, worldwide license to use, disclose, reproduce, modify, prepare derivative works, publish, distribute and otherwise exploit the Feedback for any purpose, without any restriction, attribution, or compensation to You, and without any obligation of confidentiality, and irrevocably waive, and cause to be waived, against Sellera and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination or expiration of these Terms, your Account, or the Platform.
By using the Platform, you grant Sellera a non-exclusive, worldwide, royalty-free right to use your business name, trade name, logo, trademarks, and other publicly available business information (including your city or general location) for marketing, promotional, advertising, public relations, customer reference, and similar business purposes.
Such use may include, without limitation, displaying your business as a customer or platform user on our websites, mobile applications, social media channels, presentations, case studies, promotional materials, and other marketing communications.
Businesses featured for these purposes are generally selected automatically and at random. No endorsement or affiliation beyond your use of the Platform is implied.
If you do not wish for your business to be included in such materials, you may opt out at any time by contacting us at info@sellera.tech. Upon receiving your request, we will make commercially reasonable efforts to remove your business from future marketing and promotional materials within a reasonable period. This opt-out does not require you to stop using the Platform and does not affect your rights or obligations under these Terms.
Sellera values our Service Professionals and Consumers, and we understand that disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute cannot be resolved independently, You agree, at Sellera's request, to participate in good faith, to the extent You are reasonably able to do so, in a neutral resolution or mediation conducted by Sellera or a neutral third-party mediator or arbitrator selected by Sellera. Notwithstanding the foregoing, You acknowledge and agree that Sellera is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.
22.1 Termination by Sellera
We may, in our sole discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel Your Sellera Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur:
- Your Account will be deactivated or suspended, Your password will be disabled, and You will not be able to access the Platform or Your User Content, or receive assistance from Sellera support teams
- We may communicate to other Users that Your Account has been terminated and why, if appropriate in our sole discretion
- You will not be entitled to any compensation for Platform services or Pro Services canceled or delayed as a result of Account termination
- You will not be entitled to a refund of any Fees
- You will no longer be entitled to redeem any Prepaid Packages or credits received from a Promotion
22.2 Inactive Businesses
We reserve the right to delete or remove businesses that have been inactive for a period of three consecutive months. Notice of such removal will be sent to the business email address listed in the business details maintained in the Service. For purposes of this section, "inactive" means that there has been no meaningful business activity, account access, order management, invoice management, or other operational use of the Service during that period.
22.3 Termination by You
You may cancel Your use of the Platform and/or terminate Your Account at any time through your account settings. If Your Account is canceled, we do not have an obligation to delete or return any Content You have posted to the Platform. Please see our Privacy Policy for information regarding data deletion requests. Any unused credits, prepaid fees, or subscriptions will be forfeited and are non-refundable unless otherwise required by applicable law or expressly agreed by us in writing.
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
You and Sellera agree that these Terms affect interstate commerce and that the substantive and procedural law of the Federal Arbitration Act, and not the arbitration laws of any particular state, shall govern the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between You and Sellera, including but not limited to claims arising out of or relating to any aspect of the relationship between You and Sellera, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small claims court claims, or where You have opted out pursuant to the 30-Day Right to Opt Out paragraph as provided below.
23.1 Initial Dispute Resolution & Mediation
Most disputes can be resolved without resort to litigation. You can reach Sellera's support department at info@sellera.tech. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Sellera support department, and good faith negotiations will be a condition to either party initiating a lawsuit or arbitration.
You or Sellera must first send a written notice to the other party providing: (a) a detailed description of the dispute; (b) your name and contact information (address, telephone number, email address, and account number if applicable); (c) sufficient information to identify any transaction at issue; and (d) a detailed description of the nature and basis of the dispute, any claims, and the relief sought (including a calculation of any damages). Your notice must be sent via certified mail to: Sellera GmbH, 83075 Bad Feilnbach, Germany, ATTN: Legal. For a period of 60 days from the date of receipt of a completed notice, You and we will work together using reasonable efforts to try to resolve the dispute. Any applicable limitations period shall be tolled while the parties engage in this informal dispute resolution process. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration.
23.2 Confidential Binding Arbitration
If the parties do not reach an agreed-upon solution within sixty (60) days from the time informal dispute resolution is initiated, then either party may initiate confidential binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform will be finally settled by binding arbitration, as described below.
Where the relief sought is $10,000.99 or less and the party bringing the claim does not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable arbitration rules and procedures effective at the time a claim is made. Each party is responsible for its own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
Where the relief sought is $10,001.00 or more, resolution will be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000.00 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000.00 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Without limiting the foregoing, the parties agree that this agreement contains a class preclusion clause and JAMS Class Action Procedures shall not apply. The parties agree that JAMS Mass Arbitration Procedures and Guidelines shall apply to 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The prevailing party in an arbitration proceeding may be awarded the costs of the arbitration and reasonable attorney fees in an amount determined by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party.
23.3 Class Action Waiver
THE PARTIES AGREE THAT THE ARBITRATION WILL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND SELLERA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.
23.4 Exception: Intellectual Property and Small Claims Court
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
23.5 Arbitrator's Decision / Award / Appeal
Within thirty (30) days of the arbitrator rendering and issuing their written opinion and decision (the "Award"), either party can reject the Award and appeal the dispute de novo by serving notice of the appeal to the opposing party within fourteen (14) days after the Award is final pursuant to the JAMS Optional Arbitration Appeal Procedures. In the event of an appeal, the prevailing party in an arbitration proceeding shall be awarded the costs of the appeal and reasonable attorney fees in an amount determined by the court or arbitrator.
23.6 30-Day Right to Opt Out
You have the right to opt out and not be bound by this Arbitration and Class Action Waiver Section. To opt out, You must notify Sellera in writing from the email address You use on Sellera of Your decision to opt out. Your notice should be sent to info@sellera.tech with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT," and include your name, address, email, and a clear statement that you want to opt out of this Arbitration and Class Action Waiver section. The notice must be sent within thirty (30) days of Your first use of the Platform or within 30 days of receiving notice of any modifications to these Terms; otherwise, You will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt out of these arbitration provisions, Sellera will also not be bound by them. Any opt out will apply only on a prospective basis and will not affect the validity or enforceability of this section with respect to any claims or disputes arising out of or relating to events occurring before the effective date of Your opt out.
23.7 Changes to This Section
Sellera will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Sellera Terms of Use page, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted or sent to you. The 30-day right to opt out described above shall re-set and apply to any changes upon our notice of any changes to you. Please note, however, that any opt out pursuant to the 30-day opt out right is prospective, and the arbitration agreement shall survive and apply to any claims that arose prior to your opt out.
23.8 Survival
This Arbitration and Class Action Waiver section will survive any termination or expiration of these Terms, Your Account, or the Platform.
23.9 Third-Party Beneficiary
You and Sellera acknowledge that the Sellera Parties and any third-party vendors, service providers, and business partners that Sellera uses for billing, sales, marketing, advertising, market research, website management, hosting, ad networks and analytics, fulfillment, data storage, analysis and processing, communication monitoring, identity verifications, background checks, fraud and safety protection and legal services, are express and intended third-party beneficiaries of this arbitration provision. Accordingly, You agree that any dispute that arises between You and any Sellera Parties or Sellera vendor, service provider, or business partner, that relates to or arises out of this Agreement or any aspect of Your relationship with Sellera will be resolved by binding arbitration.
YOUR USE OF THE PLATFORM, PRO SERVICES (OR PROVISION THEREOF), OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SELLERA AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "SELLERA PARTIES") EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM. SELLERA MAKES NO WARRANTY THAT THE PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SELLERA ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. SELLERA WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SELLERA OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not guarantee that the Service will be uninterrupted, error-free, secure, or available at all times. The Service may be suspended, delayed, limited, or unavailable from time to time due to maintenance, updates, technical issues, third-party failures, force majeure events, or other reasons beyond our reasonable control.
NEITHER SELLERA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR SELLERA CONTENT WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SELLERA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM.
IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE SELLERA PARTIES, FOR ALL CLAIMS AND DAMAGES ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PRO SERVICES, COLLECTIVE CONTENT, OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES ACTUALLY PAID OR PAYABLE TO SELLERA BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO WHEN THE CLAIM FIRST AROSE, OR ONE HUNDRED U.S. DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, we shall not be responsible for and no compensation shall be owed for any loss, damage, costs, lost profits, lost revenue, business interruption, or other harm suffered by your business arising from any technical malfunction, system failure, service interruption, defect, bug, error, or other issue affecting the Service. This section of the Terms will survive any termination or expiration of these Terms, Your Account, or the Platform.
You agree to release, defend, indemnify, and hold harmless the Sellera Parties from and against any claims, fines, penalties, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with:
- Your violation of these Terms
- Your User Content or use of the Platform
- Your interaction with any User
- Your violation of applicable law or Your violation, infringement, or misappropriation of the rights of any third party, including any IP Rights, proprietary, privacy or other rights of such party
- The request, receipt, offer, or provision of Pro Services by You, including but not limited to any injuries, losses, or damages of any kind arising in connection with such Pro Services
- Any actual or alleged fraud, intentional misconduct, gross negligence, or criminal acts committed by You, Your employees, or agents
- Your business operations, your menu content or pricing, your handling of allergens or customer requests, your invoices or tax obligations
Sellera reserves the right, at Your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder. You shall not in any event settle any such matter without the prior written consent of Sellera. This section of the Terms will survive any termination or expiration of these Terms, Your Account, or the Platform.
The Business acknowledges and agrees that it is solely responsible for ensuring that its use of the Services complies with all applicable laws, regulations, tax requirements, accounting standards, fiscalization rules, cash register requirements, invoicing and receipt issuance obligations, point-of-sale (POS) regulations, and any other legal or regulatory requirements applicable in the jurisdictions in which it operates.
DreamDiner provides software as a technology platform only and does not provide legal, tax, accounting, or regulatory advice. DreamDiner does not represent or warrant that the Services comply with, satisfy, or are certified under the laws or regulatory requirements of any particular country, state, province, municipality, or other jurisdiction.
Before using the Services, the Business must independently determine, or obtain appropriate professional legal, tax, or accounting advice regarding, whether the Services are suitable for its intended use and comply with all applicable legal and regulatory requirements.
If the laws or regulations applicable to the Business require any functionality, certification, audit trail, fiscalization mechanism, electronic recordkeeping, reporting capability, receipt or invoice generation, POS certification, or any other feature that is not provided by the Services, the Business must not use the Services for activities requiring such compliance unless and until the Business has implemented a legally compliant solution.
The Business further acknowledges that DreamDiner is not responsible for determining whether the Services are legally suitable for the Business’s operations in any jurisdiction. The decision to use the Services rests solely with the Business.
To the fullest extent permitted by applicable law, DreamDiner shall not be liable for any taxes, penalties, fines, assessments, interest, regulatory actions, audits, investigations, losses, damages, or other liabilities arising from or related to the Business’s failure to comply with applicable tax, fiscal, accounting, or other legal or regulatory requirements, or from the Business’s use of the Services in circumstances where such use is not legally permitted or requires functionality not provided by the Services.
By accessing or using the Services, the Business represents and warrants that it has reviewed its legal and regulatory obligations, has determined that the Services are suitable for its intended use, and accepts full responsibility for maintaining ongoing compliance with all applicable laws and regulations.
You agree that Your insurer, subrogee, or assignee, shall be bound by these Terms to the same extent as You, including any applicable liability limitations, disclaimers, dispute resolution, arbitration, and indemnification provisions herein. No insurer, subrogee, or assignee shall have greater rights against Sellera than the User from whom such rights are derived. Without limiting the foregoing, any insurer who has paid a claim, in part or in full, on behalf of a User for losses arising out of use of the Platform shall be deemed to have waived any right of subrogation against Sellera Parties arising from or related to such claim.
If any insurer or subrogee brings a claim in violation of the above prohibition, such claim shall be subject to binding individual arbitration under the Arbitration and Class Action Waiver, and Sellera reserves all rights to seek dismissal, fees, and any other available relief.
29.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Germany.
29.2 Dispute Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not subject to arbitration, the parties agree to first attempt to resolve the matter in good faith through informal discussions. If the dispute cannot be resolved amicably, it shall be submitted to the competent courts in Tel Aviv, Israel, which shall have exclusive jurisdiction over the matter. You hereby waive any and all jurisdictional and venue defenses otherwise available. This section of the Terms will survive any termination or expiration of these Terms, Your Account, or the Platform.
Sellera reserves the right to modify these Terms at any time. If we make material changes to the Terms, we will provide notice by sending an email to the address associated with Your account, a communication on the Platform, or by such other method as we may designate, and the changes will become effective 30 days after the notice. For non-material changes, the modified Terms will become effective 30 days after the earliest of (a) the date the modified Terms are posted on the Platform; or (b) the date the notice is sent to You about the changes. If You continue to use the Platform after the modified Terms become effective, You agree to the modified Terms. If You do not agree, You may not access or use the Platform.
YOUR CONTINUED USE OF OR ACCESS TO THE PLATFORM AFTER SUCH EFFECTIVE DATE OF ANY SUCH MODIFICATION OR AMENDMENT INDICATES YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS.
Force Majeure
Other than payment obligations, neither Sellera nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and not otherwise due to your or our breach of these Terms, fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.
No Third-Party Beneficiaries; Assignment
Except as expressly provided in these Terms, there will be no third-party beneficiaries to these Terms. These Terms are not assignable, transferable, or sublicensable by You without Sellera's prior written consent.
Contacting You and E-SIGN Consent
With Your consent, Sellera, Consumers, Service Professionals, or other individuals may contact You by telephone (including video or audio calls) or through text messages. You have the right to withdraw Your consent to receive electronic communications at any time by sending an email to info@sellera.tech with "Revoke Electronic Consent" in the subject line.
Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Sellera on the Platform or otherwise referenced herein, will constitute the entire agreement between you and Sellera concerning the Platform or Pro Services obtained through the Platform.
Waiver
Sellera's delay or failure to enforce a provision under these Terms is not a waiver of our right to enforce the provision later. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such term or any other term.
Statute of Limitations
To the extent permitted by law, You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform, or the Pro Services offered therein, must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
Interpretation
In these Terms, the words "including," "include," and "includes" are to be read as followed by the words "without limitation." Section headings in these Terms are for convenience only and have no legal or contractual effect.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary while preserving the remaining provisions. The invalidity of such provision will not affect the validity or enforceability of the remaining provisions of the Terms, which will remain in full force and effect.
For questions about these Terms, please contact us at:
- Email: info@sellera.tech
- Address: 83075 Bad Feilnbach, Germany
- Phone: +491723701018
The original English version of these Terms may have been translated into other languages. In case of conflict between versions, the English version shall prevail.
