1. Scope
- These terms of service (“terms”) apply to every contract for the use of the Shopify app PreorderFlow (the “app”) between Eze Solutions UG (haftungsbeschränkt) (see the imprint, “we”) and the merchant who installs the app in their Shopify store (“merchant”, “you”).
- The app is only for businesses (entrepreneurs under § 14 of the German Civil Code, BGB). By installing it, you confirm that you use the app for your trade, business, or profession.
- Other terms of the merchant apply only if we expressly agree to them in writing.
- Shopify’s own terms apply to your use of Shopify. These terms do not change them.
2. Conclusion of the contract
The contract is concluded when you install the app through the Shopify App Store. These terms apply; the App Store listing and the app refer to them. If you choose a paid plan, the contract for that plan is concluded when you approve the charge in Shopify.
3. Services
- The app lets you offer products in your Shopify store as preorders. The features are those described on this website and in the App Store listing when the contract is concluded.
- The app runs on Shopify’s platform and depends on its availability and interfaces. We do not owe a specific availability of the app. We aim to keep maintenance and outages short.
- We may develop the app further and change features, as long as the core of the service stays and the change is reasonable for you. If Shopify changes its platform or interfaces, we may adapt the app to match.
- We provide support by email to support@preorderflow.com, in English and German.
4. Plans, trial, and payment
- There is a free plan and paid plans with monthly or yearly billing. The plans differ only in the number of orders with at least one preordered item per calendar month. The prices shown in the App Store listing and in the pricing section when the contract is concluded apply.
- Paid plans start with a free trial of 14 days. If you cancel during the trial, you pay nothing.
- Plans are priced in US dollars. Shopify bills all fees through Shopify Billing in US dollars on your Shopify invoice. Shopify collects and handles taxes on the app fees.
- If you go over the allowance of your plan, your offers keep selling. If you stay over it for more than 7 days, you cannot start new offers until the next month begins or you choose a larger plan.
- We announce price changes at least 30 days in advance by email to your store’s email address. They take effect only once you approve the new charge in Shopify. If you do not approve it, the old price continues to apply until either side ends the contract under section 5.
5. Term and termination
- The contract runs for an indefinite period. Paid plans renew for the billing period you chose.
- You can change your plan at any time and end the contract at any time by uninstalling the app. We do not refund fees for billing periods that have already started, unless the law requires it.
- We can end the contract with 30 days’ notice to the end of a month. In that case, we refund fees paid in advance for the time after the contract ends, pro rata. The right to terminate for good cause is not affected. Good cause exists in particular if you use the app unlawfully or if Shopify prohibits the operation of the app.
- After the contract ends, we delete your data as described in section 7 and in the privacy policy.
6. Your obligations
- You alone are responsible towards your buyers for your offer. This includes correct ship dates, price information, distance selling information, rights of withdrawal, and the delivery of the goods.
- You check the texts that the app shows and sends to your buyers, and adapt them to your offer and the law that applies to you.
- You instruct and authorize us to send your buyers emails about their preorders on your behalf, in particular Ship Date Notices when you set a later ship date. You make sure that you may send these emails.
- You do not misuse the app, in particular not for unlawful offers, and you do not try to disrupt the app or work around its limits.
7. Data processing agreement
This section is the data processing agreement (DPA) under Art. 28 GDPR. It counts as concluded when you install the app. For the data of your buyers, you are the controller and we are your processor. We process the data of your shop and your staff, such as Shopify user IDs on API keys, as controller, as described in the privacy policy.
- Subject and duration. We process personal data of your buyers to provide the features of the app, for the term of the contract.
- Nature and purpose. We store preorders, show ship dates, count limits, send emails about preorders, and carry out cancellations in the customer account.
- Data and data subjects. The data subjects are the buyers of your store. We store order data of the preordered lines (order ID, order name, line item and variant ID, quantities, ship date, cancellation time) and data about Ship Date Notices (old and new ship dates, send time, delivery status). The buyer’s email address is processed only when a notice is sent, and the customer ID only when a buyer cancels. Server logs can contain Shopify customer and order IDs.
- Instructions. We process the data only on your documented instructions, unless the law of the EU or a member state requires us to process it. In that case, we tell you beforehand, unless that law prohibits it. Your instructions are these terms and your settings in the app. You can give further instructions by email. If we consider an instruction unlawful, we tell you.
- Confidentiality. Everyone at our end with access to the data is bound to confidentiality.
- Security. We take appropriate technical and organisational measures under Art. 32 GDPR. Connections are encrypted over HTTPS.
- Sub-processors. You authorise Cloudflare, Inc., 101 Townsend St, San Francisco, CA 94107, USA for hosting, storage, and sending emails (Cloudflare Workers, D1, Workers KV, Queues, and Email Sending). We announce a new sub-processor by email at least 30 days in advance. You can object for a valid data protection reason and then end the contract when the change takes effect. We bind sub-processors to the obligations of this section.
- Third countries. Cloudflare keeps read copies of the database in regions outside the EU, and access from the USA cannot be ruled out. This is covered by the EU-U.S. Data Privacy Framework and the European Commission’s Standard Contractual Clauses.
- Assistance. We help you with requests from buyers about their rights, in particular through Shopify’s privacy webhooks and on request by email, and with your obligations under Art. 32 to 36 GDPR.
- Data breaches. We inform you without undue delay when we notice a breach of the security of your buyers’ data.
- Deletion and return. After the contract ends, we delete the data as soon as Shopify asks us to, 48 hours after the uninstall, unless a statutory obligation requires us to keep it. We delete server logs after the period in the privacy policy. If you want the data returned first, write to us before you uninstall. We then send it to you in a common format.
- Evidence. We give you the information you need to show that these obligations are met, and we allow audits by arrangement with reasonable notice.
8. Relationship to Shopify
- The app is offered by us, not by Shopify. We alone are responsible for the app.
- Shopify is not liable for errors of the app or for damage that results from installing or using the app.
- Shopify does not provide support for installing or using the app. Please contact us for that.
- Towards Shopify, we alone are responsible for any liability that may arise from your access to or use of the app. Our liability towards you is governed by section 9.
- Shopify is a trademark of Shopify Inc. We are not affiliated with or sponsored by Shopify.
9. Liability
- We are liable without limitation for intent and gross negligence, for injury to life, body, or health, under the German Product Liability Act, and to the extent of a guarantee we have given.
- For slight negligence, we are liable only for the breach of essential contractual obligations. These are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In this case, liability is limited to the damage that is typical for the contract and foreseeable.
- Any other liability is excluded. This also applies to the personal liability of our agents.
10. Changes to these terms
We can change these terms for a valid reason, such as new features, changes at Shopify, or new legal requirements. Changes to the main obligations, meaning the scope of the service, the prices, and the term, are not made through this procedure. We tell you about changes by email to your store’s email address at least 30 days before they take effect. If you do not object before they take effect, the changes count as accepted. We point out this consequence in the notice. If you object, either side can end the contract when the changes take effect.
11. Final provisions
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
- If you are a Kaufmann (a trader under the German Commercial Code, HGB), a legal entity under public law, or a special fund under public law, the place of jurisdiction is our place of business.
- If a provision of these terms is invalid, the other provisions remain valid.
- These terms exist in German and in English. If they differ, the German version prevails.