Terms of Service

1. Who we are

The Services are provided by e-tailize B.V., trading as e-tailize, a company established in the Netherlands with registered office at Vanadiumweg 25, 3812 PX Amersfoort, Netherlands, Chamber of Commerce number 83219412 and VAT number NL862775930B01.

These Terms apply only to business customers. The Services are not intended for consumers.

These Terms apply to all offers and agreements for the Services. The applicability of any purchase terms or other general terms of the Customer is expressly excluded.

In the event of a conflict between documents, the following order of precedence applies: first the signed quote or order form, then the data processing agreement, then these Terms.

For customers who contracted under the previously applicable NLdigital terms or earlier e-tailize user terms, these Terms replace those terms from acceptance or from the first renewal after publication, unless an order form states otherwise.

2. Definitions

• Customer means the business entity that signs an order form or otherwise uses the Services.
• Services means the marketplace exploration call, the Marketplace Scan, marketplace onboarding support, the e-tailize platform, the AI chat interface, integrations, support and related services.
• Marketplace exploration call means the free introductory call in which e-tailize gives the Customer a first estimate of its marketplace potential.
• Marketplace Scan means the list of marketplaces that fit the Customer business, each linking to the integration page of that marketplace on e-tailize.com, provided free of charge unless an order form states otherwise. From that list the Customer can apply itself; applying through e-tailize is part of the Expansion and Takeover packages.
• Package means the Toolkit, the Expansion or the Takeover, as named and described in the Customer's quote or order form.
• Platform means the e-tailize software environment used to manage catalogue data, stock, orders, analytics, ads and connected marketplace workflows.
• MCP means the product for developers that allows builders to access selected e-tailize integrations through a model context protocol interface.
• Customer Data means data provided by or for the Customer, including product catalogue data, order data, marketplace credentials, business data and personal data.
• Subscription means paid access to the Services under a signed order form, from the start set out in section 5 for the package in that order form.

3. Services

e-tailize helps business sellers identify suitable marketplaces, get onboarded to selected marketplaces and operate marketplace work through the Platform.

The Services may include AI chat workflows, marketplace integrations, product catalogue processing, order and stock synchronisation, analytics, advertising tooling and developer access through the MCP.

Marketplaces are independent third parties. Their admission rules, seller terms, outages and decisions are outside e-tailize control.

e-tailize performs the Services to a best efforts standard. e-tailize does not warrant uninterrupted or error free operation, marketplace admission outcomes or specific revenue results, except where an order form expressly states a guarantee.

After the onboarding call the Customer itself puts its products live on each new marketplace through the Platform (product data, content, prices and stock). e-tailize provides the software, the guidance and the support; it does not perform the listing work for the Customer unless agreed separately in writing. Any timeline e-tailize mentions for KYC or activation is an indication only, never a commitment: KYC and activation are decided by the marketplace and the parties involved, such as bol, outside e-tailize control.

Calls between e-tailize and the Customer, including the marketplace exploration call, demos, onboarding calls and support calls, may be recorded and transcribed with AI note-taking tools for notes, follow-up and an accurate record of what was agreed. Participants are informed in advance and the Privacy Policy describes the processing. A participant may object at the start of a call, in which case e-tailize takes notes by hand.

4. Account creation and access

• The Customer must provide accurate business information and keep account details current.
• Only authorised users acting for the Customer may access the Services.
• The Customer is responsible for user activity, credentials and connected marketplace accounts.
• e-tailize may suspend access where reasonably necessary to protect the Services, comply with law or prevent misuse.

5. Commercial model

• The marketplace exploration call and the Marketplace Scan are free of charge unless an order form states otherwise.
• No payment is due for the Scan itself.
• Pricing depends on the package in the Customer's quote: Toolkit, Expansion or Takeover. The exact fees, term and any guarantee are stated in the quote or order form the Customer receives; where this section summarises them, the signed quote or order form prevails.
• The start of the paid Services depends on the package. Toolkit: after signing, e-tailize plans an onboarding call with the Customer; in that call the Customer pays the first month, or the first 12 months with a prepay, and the subscription starts at that payment, on the revenue band at signing. Expansion: the paid program starts when the Customer signs the order form and pays the first month of €349 through the checkout; the monthly cycle runs from that payment. Takeover: month 1 and monthly billing run from signing; the Customer plans the kick-off and pays the fixed fee of €1,500 for the first month before or in that kick-off, and at the latest by the due date on its invoice; software access and the start-up work begin only once it is paid, and paying after the kick-off counts as a delay of the Customer for the Slow Start Guarantee.
• Quotes signed before 27 August 2026 keep the ladder and start payment stated in their own order form.
• A standard quote covers up to 5,000 products; above that e-tailize may charge an additional fee, always discussed with the Customer first and applied only once confirmed in writing, never silently. AI features in the Platform include a free allowance shown in the software. Text AI features run on a monthly token allowance sized for normal use of the product count stated in the order form; unused tokens do not carry over and the Customer may buy additional tokens at the then-current rate. For AI image editing the allowance is 25 generated images per customer account per calendar month, shared by all users of that account; unused images do not carry over. Additional images are bought in the software in packs at the pack prices shown at the time of purchase (between €0.65 and €1.00 per image excl. VAT at the date of these Terms, depending on pack size). A purchase is invoiced immediately and paid with the Customer's usual payment method; the purchase in the software is the Customer's order. Purchased images do not expire while the Subscription runs and are not refundable, except that amounts paid for image packs count as amounts paid for the purpose of any cancellation right or money back guarantee stated in the order form and are refunded on the same basis, and that where e-tailize terminates or suspends the agreement other than for the Customer's breach or non-payment, or stops offering AI image editing, unused purchased images are refunded at the price paid; on any other end of the Subscription unused images lapse. An image counts once it has been generated, whether or not the Customer keeps it; failed generations do not count. e-tailize may refuse a purchase while an invoice of the Customer is overdue. AI output can contain errors; the Customer reviews AI-generated images before publishing them. Nothing is charged without the Customer's order. The Fair Use Policy published on e-tailize.com applies and forms part of the agreement.
• On quotes made from 5 October 2026, each package can have its own guarantee. It applies only where the order form includes it, on the conditions stated there:
• Up and Running Guarantee (Toolkit): if, because of e-tailize, the Customer's shop and its first marketplace are not connected to the Platform and syncing within 10 working days after the Customer's onboarding input is complete (the logins of an approved marketplace account and its product file), the Customer's next month is free. It applies once, is never paid out in cash, and covers the connection and the sync only, never a marketplace's approval, listings or orders.
• 90 day money back guarantee (Expansion): if nothing is live 90 days after the Customer's input is complete, because of e-tailize, all subscription fees paid are refunded, including the €349 first month, and the agreement ends; if the combined revenue of the new marketplaces opened under the agreement in the 90 days after half of the launch assortment is live is below the subscription fees paid from signing through the end of that period, those fees are refunded. Each case applies once, for the first marketplace, while the agreement runs and the Customer meets its duties stated in the order form. The Customer claims a refund in writing within 30 days after the relevant period; e-tailize pays within 14 days after acknowledging the claim.
• First Order Guarantee (Expansion), only on an order form that includes it by that name: if nothing is live 90 days after the Customer's input is complete, because of e-tailize, all subscription fees paid are refunded and the agreement ends; if no order is placed on any new marketplace under the agreement within 60 days after half of the launch assortment is live, e-tailize stops invoicing from the next billing month until the billing month after the first order, for at most 3 months, and sends the Customer a fix list every week. Each case applies once, for the first marketplace, while the agreement runs and the Customer meets its duties stated in the order form. The Customer claims a refund in writing within 30 days after the period.
• Slow Start Guarantee (Takeover): if new marketplace revenue in months 1 to 6 together totals below €10,000, the Customer chooses: e-tailize keeps working and months 7 to 9 carry no fixed fee, with the revenue share as usual; or the Customer ends the Takeover by email within 30 days after month 6 and owes nothing for the months after month 6, keeping every account, free. Nothing is paid out in cash. It applies once per Customer, and only if the Customer kept to the advertising budget and delivered KYC, data and approvals on time; paying the first month after the kick-off counts as a delay of the Customer.
• Advertising budget (Takeover), where the order form includes it: each month the Customer spends on advertising on each live managed marketplace at least €450 or 10% of its revenue on that marketplace in that month, whichever is higher, or the marketplace's own minimum if that is higher still, paid directly to the marketplace on top of the fee. e-tailize does not guarantee any advertising result.
• Quotes made before 5 October 2026: where the order form includes the standard guarantee terms, these comprise: a 90 day money back guarantee with two clocks: the nothing-live clock runs 90 days from the moment the Customer's input is complete, and where no new marketplace has gone live in that period, all amounts paid are refunded, including the €349 start fee, but only when the cause lies with e-tailize, meaning that no marketplace account was obtained through e-tailize, or that the account was obtained but the e-tailize software did not work so the Customer could not put its products live, and not when the Customer had account access and working software but did not put its products live itself; the revenue clock runs 90 days from the moment half of the agreed assortment is live, and where the new marketplace revenue in that period does not cover the e-tailize fees, the e-tailize fees paid since signing are refunded; both refunds require that the agreement is still running and that the Customer has cooperated, and a claim is assessed after the period has ended; termination in any month by email; and a start fee of €349 that constitutes the first subscription month, with the monthly cycle running from that payment.
• Prepay, where the quote offers it. Toolkit: the Customer can pay 12 months upfront and get 14, with months 13 and 14 free; that prepaid period of 14 months is non-refundable. The band paid in advance is the Customer's minimum for that period: if a month's revenue sets a higher band, the next invoice charges only the difference between the two band fees. Expansion: after the guarantee period, where the quote includes a guarantee, the Customer can prepay its base: €4,188 (12 x €349). That prepayment is non-refundable and covers the first €349 of the monthly fee for the 14 billing months after it is paid; the rest of each monthly fee follows the price table and is invoiced monthly. Quotes made before 5 October 2026 keep the prepay of their own order form.
• The Customer's cancellation rights are those stated in its signed quote or order form.
• On termination, closing marketplace accounts opened by e-tailize is free of charge. On quotes made from 5 October 2026 the rules per package are these. Toolkit: the Customer makes its own applications, and the order form sets no account fee. Expansion: an account that e-tailize opened, or on which it did launch, listing, KYC, admission or onboarding work, cannot run outside e-tailize or be handed over before its paid month 7, a bol.com account included; until then the Customer can close it free or keep selling through e-tailize. From its paid month 7 the Customer can keep it for a one-time fee of 12 times the reference monthly fee in paid months 7 to 12, 8 times in paid months 13 to 24, 4 times in paid months 25 to 36 and zero from paid month 37; each account has its own clock. Running such an account outside e-tailize, leaving without evidence of closure, or reopening it or applying again on the same marketplace within 6 months after closure counts as keeping it; before its paid month 7 the fee the order form sets for that case is then due at once. An account the Customer opened and set up itself, without such work, can be kept or closed at any time, free; while it runs through e-tailize it counts toward the tier. Takeover: every marketplace account e-tailize opens during the Takeover is the Customer's to keep, free of charge, and so are the accounts the Customer opened itself and handed to e-tailize; the one exception is a bol.com account in its first 6 months when e-tailize ends the agreement for cause.
• Quotes made before 5 October 2026: if the Customer keeps such an account to operate itself, a one-time account buyout fee may apply as stated in the order form. On a standard order form that fee is 18 times the reference monthly fee in paid months 1 to 6, 12 times in paid months 7 to 12, 8 times in paid months 13 to 24, 4 times in paid months 25 to 36 and zero after 36 paid months; in the first 6 paid months the reference monthly fee is the average of the monthly fees invoiced so far, and it is never below the minimum reference fee stated in the order form. Leaving without evidence of closure, operating the account outside e-tailize or reopening it within 12 months counts as keeping it. Where the order form includes the Loyalty bonus, an account that completes 36 paid months converts to the software plans and terms printed in that order form, measured month by month on that month's revenue and never more than 5 times the Scale price, in 12-month terms; the Customer can decline the first term before it starts and cancel a later term in writing at least 60 days before it renews, unless the order form states another notice period.
• Any revenue guarantee, refund, credit or no payment promise applies only as written in the quote or order form.
• A guarantee, including a money back guarantee, applies only if the order form includes it, on the conditions stated there or, where the order form of a quote made before 5 October 2026 includes the standard guarantee terms, on those terms as described above.

6. Billing and payment

• All fees are in EUR unless the order form states otherwise.
• Fees are exclusive of VAT and other applicable taxes unless stated otherwise.
• Invoices are payable within 14 days from invoice date.
• Late payments may lead to interest, collection costs and suspension after reasonable notice.
• Revenue based fees are calculated from the revenue definition and data sources in the order form. On quotes made from 5 October 2026, revenue counts excluding VAT and after returns: the returns and refunds of a calendar month come off the revenue of the next calendar month, and a month never counts below €0; marketplace costs never come off.
• The Customer may not suspend payment or set off amounts against e-tailize invoices.
• If a direct debit fails or is reversed, e-tailize may charge reasonable administration costs and require another payment method.
• Fixed fees in a signed order form are indexed once a year on 1 January by the Dutch consumer price index (CBS CPI), capped at 5% per year and never below 0%, automatically and as set out in that order form; revenue tier mechanics and percentages are not affected. Outside that, e-tailize may revise list prices with reasonable written notice.
• The e-tailize records of usage and created revenue serve as evidence for fee calculation, subject to proof to the contrary by the Customer.
• Where several Customer group entities use one account or order form, each entity is jointly and severally liable for the fees.

7. Term, renewal and termination

• The term starts on the effective date in the order form or when the Customer first uses the paid Services.
• Renewal and notice periods are stated in the quote or order form, which prevails over this summary. The Toolkit and the Expansion run month to month: the Customer can cancel by email, effective at the end of the billing month. The Takeover runs for a minimum term of 24 months from signing, then month to month with 3 months notice; the Customer may give that notice during the minimum term, and the Takeover then ends at the end of month 24 at the earliest. If new marketplace revenue in months 7 to 12 averaged below €10,000 a month, either party may end the Takeover by email within 30 days after month 12. In month 18, unless either party has given notice, e-tailize offers to renew the Takeover for months 25 to 36. When a Takeover ends, nothing continues by itself: unless e-tailize ends it for cause, e-tailize offers the Expansion or the Toolkit under a new quote. Loyalty bonus terms of 12 months and their notice period apply only where an order form made before 5 October 2026 includes the Loyalty bonus.
• Either party may terminate for material breach if the breach is not cured within a reasonable written cure period.
• Either party may terminate with immediate effect if the other party is declared bankrupt, is granted suspension of payments or ceases its business.
• Termination does not unwind what has already been performed; amounts due for Services performed before termination remain payable.
• On termination, Customer access ends and e-tailize will return or delete Customer Data in line with the DPA and retention policy.

8. Customer obligations

• Provide accurate product, company, credential and marketplace information.
• Comply with connected marketplace terms and applicable laws.
• Do not upload unlawful, misleading, infringing or unsafe product content.
• Do not misuse the AI interface, integrations, MCP or connected marketplaces.
• Maintain all rights needed for e-tailize to process Customer Data and perform the Services.
• Provide timely cooperation, information and decisions. Agreed timelines are indicative and depend on Customer cooperation and marketplace processing times.
• Inform colleagues and other participants the Customer invites to a call that e-tailize may record and transcribe calls.

9. Availability and maintenance

e-tailize aims to keep the Services available and secure, but does not commit to a specific uptime percentage or service level unless an order form expressly states one.

Scheduled maintenance, emergency maintenance, marketplace outages and interruptions of external services may affect availability.

e-tailize may improve, modify or discontinue features of the Services. Where a change materially reduces core functionality, e-tailize will give reasonable advance notice. Where a discontinued feature was prepaid, section 5 applies to the unused part.

10. Intellectual property

• e-tailize and its licensors own the Platform, MCP, integrations, software, workflows, documentation and related intellectual property.
• The Customer receives a non exclusive, non transferable right to use the Platform for its own business during the term. The Customer may not copy, modify, reverse engineer, rent out or make the Platform available to third parties, except as agreed in writing or allowed by mandatory law.
• The Customer owns Customer Data, including its catalogue, product content and business data.
• The Customer grants e-tailize the rights needed to process Customer Data and provide the Services.
• Feedback may be used by e-tailize without restriction, provided it does not disclose Customer confidential information.

11. Publicity: name, logo and results

Once the Customer becomes a paying customer, the Customer grants e-tailize permission to use the Customer name and logo, and the results the Customer achieves with e-tailize (such as revenue and growth figures), on the e-tailize website, in customer lists, case studies, sales materials and other marketing and promotional materials, to identify the Customer as an e-tailize customer and to show what e-tailize achieves. Section 12 does not limit this permission.

The Customer can stop this use at any time by email to support@e-tailize.com; e-tailize then stops it within a reasonable time. For a Customer that accepted an earlier version of these Terms, e-tailize uses results only with the Customer's separate written consent.

e-tailize will use the Customer name, logo and results in a reasonable, professional and accurate way and will follow written brand guidelines provided by the Customer where practical.

12. Confidentiality

Each party must protect the other party confidential information with reasonable care and may use it only to perform or receive the Services.

Confidentiality does not apply to information that is public, independently developed, lawfully received from another source or required to be disclosed by law.

13. Liability

To the maximum extent permitted under Dutch law, e-tailize is not liable for indirect damages, lost profits, lost revenue, loss of goodwill, loss of data, marketplace rejection or decisions taken by marketplaces.

The total liability of e-tailize for all claims is capped at the fees paid by the Customer to e-tailize in the 12 months before the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for intent or deliberate recklessness where Dutch law does not allow exclusion.

Liability for an attributable failure only arises after the Customer has given e-tailize written notice of default with a reasonable cure period and the failure remains uncured, except where performance is permanently impossible.

Claims for damages must be reported to e-tailize in writing without undue delay after discovery and lapse 12 months after the event giving rise to the claim, unless mandatory law provides otherwise.

These limitations also apply for the benefit of e-tailize directors, staff and subcontractors.

14. Indemnification

The Customer will indemnify e-tailize against claims arising from Customer Data, product content, marketplace violations, unlawful use of the Services or breach of these Terms.

15. Force majeure

Neither party is liable for delay or failure caused by events outside reasonable control, including internet failures, marketplace outages, cloud provider incidents, strikes, war, government action and natural disasters.

If force majeure lasts longer than 60 days, either party may terminate the affected Services in writing. Services already performed remain payable on a pro rata basis.

16. Changes to these Terms

e-tailize may update these Terms with reasonable notice. Material changes will not apply retroactively unless required by law or necessary for security, compliance or changes in external services.

Changes to these Terms do not apply to a running signed order form during its current term without the Customer's consent.

17. Governing law, courts and general provisions

These Terms are governed by Dutch law. Disputes will be submitted to the competent court of the Midden-Nederland District Court, location Utrecht, unless mandatory law requires another venue.

If a provision of these Terms is void or voidable, the remaining provisions stay in force and the affected provision is replaced by a valid provision that matches its purpose as closely as possible.

The Customer may not assign or pledge rights or obligations under these Terms without prior written consent of e-tailize. e-tailize may assign these Terms within its group or in the context of a merger, acquisition or asset transfer.

18. Contact

Questions about these Terms can be sent to support@e-tailize.com.