Terms of use

for the Shopify app “effware: Inventur & Stock Take”

1. Provider and scope

1. The app is provided by Mitterschida Ventures UG (haftungsbeschränkt), Mitterschida 1, 94327 Bogen, Germany (provider). Further details are in the imprint.
2. These terms apply to the use of the app by merchants who install it in their Shopify store (merchant). The app is intended exclusively for businesses within the meaning of § 14 of the German Civil Code (BGB).
3. By installing the app the merchant accepts these terms. Conflicting terms of the merchant do not apply.
4. The relationship between the merchant and Shopify is governed by Shopify’s terms; they remain unaffected.

2. Service

1. The app supports stock counts in Shopify: counting per location, comparison with the expected stock, reviewing deviations, booking corrections to Shopify and generating reports. The current scope is described on the app page.
2. The app counts, compares, books and logs. It does not calculate tax or legal values. Responsibility for a proper stock take, the accuracy of the recorded quantities and compliance with commercial and tax law obligations remains with the merchant.
3. The provider may develop and change the app as long as the essential functions are retained and the change is reasonable for the merchant.

3. Price, trial and billing

1. The price stated in the Shopify App Store applies. One plan includes all features, locations, devices and items.
2. The free trial stated in the Shopify App Store applies (currently 14 days).
3. Billing is done exclusively by Shopify on the store’s invoice. Shopify’s rules apply to payment, taxes and refunds.
4. Without an active plan, counts and reports remain readable and downloadable; new counts, count entries and bookings are then blocked.

4. Obligations of the merchant

1. The merchant shares links and QR codes for the camera scan page only with people who are to count for them, and revokes them when no longer needed.
2. The merchant reviews the results of a count before booking.
3. The merchant downloads and keeps reports they are required to retain, in particular before uninstalling.
4. The merchant does not misuse the app, in particular not for attacks on the app or for storing data unrelated to the stock take (such as customer data in free-text fields).

5. Availability and support

1. The provider strives for high availability but does not owe any specific availability. Maintenance is carried out outside usual business hours where possible.
2. Support is available by email at support@efflabs.de, usually on the same working day.

6. Data protection

The app’s privacy policy and the data processing agreement, which forms part of these terms, apply.

7. Liability

1. The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and where it has given a guarantee.
2. In case of slight negligence the provider is liable only for breach of an essential contractual obligation, i.e. one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the merchant may regularly rely. Liability is then limited to the damage foreseeable and typical for the contract at the time of conclusion.
3. For loss of data the provider is liable only to the extent that would also have arisen had the merchant properly kept the reports (section 4 (3)).
4. Otherwise liability is excluded. Liability under Art. 82 GDPR remains unaffected.

8. Term and termination

1. The agreement runs for an indefinite period. The merchant can end it at any time by uninstalling the app; billing ends according to Shopify’s rules.
2. The provider can end the agreement with 30 days’ notice, for example if it discontinues the app. The right to terminate for cause remains unaffected.
3. After termination, data is deleted as described in the app’s privacy policy.

9. Changes to these terms

The provider may change these terms with effect for the future. It announces changes at least 30 days in advance through a notice in the app and on this page. If the merchant continues to use the app after the period has expired, the new terms apply; the provider points this out in the announcement. If the merchant does not agree, they can uninstall the app.

10. Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
2. Place of jurisdiction is, to the extent legally permitted, the provider’s registered office.
3. Should a provision be invalid, the remainder remains valid.
4. The German version is binding; the English version is for information.