These Terms of Service (“Terms”) govern your access to and use of the MyShopie platform, website, and related services (the “Service”) provided by ZAHA Global GmbH, Adolfstraße 32, 52134 Herzogenrath, Germany (“MyShopie”, “we”, “us”). By creating an account, starting a trial, or otherwise using the Service, you (“Customer”, “you”) agree to these Terms.
1. Scope and parties
The Service is offered to businesses and self-employed persons acting in the course of their trade, business, or profession (entrepreneurs within the meaning of § 14 BGB). It is not directed at consumers. By using the Service you confirm that you are acting in a commercial or professional capacity.
2. The Service
MyShopie provides an all-in-one commerce platform that may include an online store builder, point of sale, in-store pickup, inventory management, loyalty and promotions, and Flexible Commerce capabilities (selling tickets, digital goods, subscriptions, gift cards, and bookable services). The specific features available to you depend on your chosen plan. We continuously develop the Service and may add, modify, or discontinue features, provided the core functionality of your plan is not materially reduced during a paid term.
3. Accounts and registration
You must provide accurate, complete registration information and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly of any unauthorised use.
4. Free trial
We may offer a free trial for a stated period. At the end of the trial, unless you subscribe to a paid plan, your store is gracefully paused and your data is retained for a limited grace window before deletion. We make no warranty regarding trial availability and may modify or withdraw trials at any time.
5. Plans, fees, and billing
- Fees are charged per store according to your selected plan and billing cycle (monthly or annual), as shown at the time of purchase. Prices are exclusive of statutory VAT unless stated otherwise.
- Subscription fees are billed in advance and are, except where mandatory law provides otherwise, non-refundable for the period already commenced.
- Payment is processed via Stripe. You authorise us (or Stripe on our behalf) to charge your chosen payment method for all fees due.
- Card processing: where you sell to your own customers, you connect your own Stripe account and receive funds directly. Standard Stripe processing fees are payable by you to Stripe; MyShopie does not take a percentage of your sales.
- We may adjust fees for future billing periods. We will give you reasonable advance notice; continued use after the change takes effect constitutes acceptance.
6. Customer responsibilities and acceptable use
You are responsible for your store, your products, and your content. You agree not to use the Service to:
- violate any applicable law or third-party right;
- sell prohibited, counterfeit, or illegal goods or services;
- upload malicious code or attempt to disrupt or gain unauthorised access to the Service;
- infringe intellectual property or send unlawful, misleading, or infringing communications.
You are responsible for complying with all laws applicable to your business, including consumer protection, tax, fiscalisation, and product-safety rules.
7. Customer data and data protection
You retain all rights to the data you and your customers submit through the Service (“Customer Data”). To the extent we process personal data on your behalf, we act as a processor under Art. 28 GDPR and the parties will conclude a Data Processing Agreement (DPA), which forms part of these Terms. You are the controller for your customers’ personal data and are responsible for providing them with an appropriate privacy notice and lawful basis. Our own processing as controller is described in our Privacy Policy.
8. Intellectual property
The Service, including its software, design, and trademarks, is and remains the property of MyShopie and its licensors. We grant you a non-exclusive, non-transferable right to use the Service during your subscription. You grant us a limited licence to host and process your Customer Data solely to provide and support the Service.
9. Availability
We aim for high availability but do not warrant that the Service will be uninterrupted or error-free. Maintenance, updates, and factors beyond our reasonable control (including force majeure) may temporarily affect availability. Any agreed service levels, if applicable to your plan, are set out separately.
10. Warranty and liability
We are liable without limitation for damages arising from injury to life, body, or health, from intent or gross negligence, and under the German Product Liability Act (Produkthaftungsgesetz), as well as to the extent we have assumed a guarantee.
For slight negligence, we are liable only in the event of a breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on whose observance you may regularly rely). In such cases our liability is limited to the foreseeable damage typical for this type of contract. Any further liability for slight negligence is excluded. The above limitations also apply in favour of our legal representatives and vicarious agents.
You are responsible for maintaining your own backups of Customer Data to the extent an export function is provided.
11. Term and termination
The contract runs for the billing period you select and renews for equal periods unless cancelled before the end of the current period. Either party may terminate for good cause (aus wichtigem Grund) without notice. On termination, your right to use the Service ends; we will make Customer Data available for export for a limited period, after which it may be deleted in line with our retention practices and statutory obligations.
12. Changes to these Terms
We may amend these Terms where necessary, for example to reflect changes in the Service or the law. We will notify you of material changes with reasonable notice. If you do not agree, you may terminate before the changes take effect; continued use after that date constitutes acceptance.
13. Governing law and jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Where you are a merchant (Kaufmann), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the registered seat of ZAHA Global GmbH (Herzogenrath, Germany), to the extent permitted by law. Mandatory statutory provisions remain unaffected.
14. Final provisions
Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes closest to its economic purpose.
15. Contact
Questions about these Terms can be sent to hello@myshopie.com. Full company details are available in our Impressum.