Terms of Service

The provider of the Shopify app “Retractly” (the “App”) is:

Timmgard GmbH

Kurhausstraße 78a

53773 Hennef

Germany

Commercial Register: HRB 17527 (Amtsgericht Siegburg)

VAT ID: DE359202464

Authorised Representative: S. Timm

Email: [email protected]

Contact form: https://tg-ai.de/en/kontakt

(the “Provider”)

These Terms, version 1.0 of 12 June 2026, apply to all contracts on the use of the App between the Provider and the operator of the Shopify store in which the App is installed (the “Merchant”).

The offering is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. Consumers (§ 13 BGB) are excluded as contracting parties. By installing the App, the Merchant confirms that it is acting in the exercise of its trade, business, or profession.

These Terms apply exclusively. Deviating, conflicting, or supplementary terms of the Merchant become part of the contract only if and to the extent that the Provider has expressly agreed to them in text form. This also applies where the Provider performs without reservation while aware of conflicting terms.

The App is a software-as-a-service solution that supports Shopify merchants in the technical implementation of the withdrawal function under § 356a BGB. The scope of services includes in particular:

• Provision of a two-step withdrawal form with statutory labelling (“Vertrag widerrufen” / “Widerruf bestätigen” or the respective language equivalents)

• Restriction of the form’s mandatory fields to the three items provided for by law (name, details identifying the contract, electronic means of communication)

• Automated, immediate confirmation of receipt by email on a durable medium, containing the content of the withdrawal declaration as well as the date and time of receipt

• Timestamp documentation of the time of submission and receipt

• A dashboard in the Shopify admin for managing and processing incoming withdrawals

• Language versions of the withdrawal form in 24 official EU languages

The App is a technical tool. It does not relieve the Merchant of the Merchant’s own statutory obligations; Sections 4 and 5 remain unaffected.

The App requires an active Shopify store and depends on the availability of the Shopify platform, its interfaces (APIs), and the Shopify App Store. If Shopify changes its platform or interfaces, the Provider will adapt the App within a reasonable period, insofar as this is technically possible and economically reasonable.

The contract is concluded when the Merchant installs the App via the Shopify App Store and accepts these Terms during onboarding, at the latest upon first use of the App.

The use of the Shopify platform and the Shopify App Store is additionally governed by Shopify’s own terms; those are not part of this contract and remain unaffected by these Terms.

The App is a technical tool for the standardised implementation of statutory requirements (in particular § 356a BGB). The Provider does not render legal services within the meaning of § 2(1) of the German Legal Services Act (RDG), and in particular performs no legal review of individual cases.

The provision of the App, its functions and texts, and all information materials of the Provider (including website, blog, and support responses) does not constitute legal advice and does not replace it.

It is the Merchant’s responsibility to obtain qualified advice — in particular from a lawyer — in individual cases and in cases of doubt. The Merchant remains solely responsible for the legal admissibility, accuracy, and completeness of the legal texts used in the Merchant’s store and for the fulfilment of the statutory obligations incumbent on the Merchant.

No guarantee or assurance is given that the specific implementation in the Merchant’s store is “warning-proof” (abmahnsicher) or legally compliant, as this could only be assessed through a legal review of the individual case. The legal compliance of the Merchant’s store and its protection against cease-and-desist warnings are not an agreed characteristic (Beschaffenheit) of the App and are not the subject of a guarantee within the meaning of Section 11(1).

Final responsibility for the legally compliant configuration, placement, and use of the App rests with the Merchant. The Merchant is in particular responsible for:

• Integrating and placing the withdrawal link or button provided by the App in the store: clearly legible, prominently displayed, easily accessible, and without a login barrier (§ 356a(1) BGB). The App provides the link; the specific integration into theme and navigation, and its visibility, are the Merchant’s responsibility.

• Ensuring the continuous availability of the withdrawal function during running withdrawal periods: keeping the App installed and activated, not removing or obscuring the link, and keeping the store reachable.

• Verifying whether and for which contracts a right of withdrawal exists and whether exceptions apply (e.g. § 312g(2) BGB).

• Adapting and ensuring the accuracy of the Merchant’s own legal texts, in particular the withdrawal instructions, including the information on the existence and placement of the withdrawal function (Art. 246a EGBGB).

• Supplementing the Merchant’s own privacy policy to cover the data processing via the withdrawal function and concluding the Provider’s data processing agreement (https://tg-ai.de/en/dpa).

• Substantively processing incoming withdrawals: assessing their validity, timely reversal and refund (§§ 355 et seq., 357 BGB), and any communication with the consumer beyond the automated confirmation of receipt.

• Fulfilling the obligations under § 356a BGB on sales channels outside the connected Shopify store (e.g. marketplaces or the Merchant’s own apps); these are not covered by the App.

• Correctly and completely configuring the App, in particular accurate merchant and sender details and a functioning email dispatch.

• Noting that the App does not fulfil the cancellation button obligation under § 312k BGB; that obligation must be implemented separately where applicable.

If the Merchant breaches these obligations, resulting disadvantages (e.g. cease-and-desist warnings, fines, or extended withdrawal periods) are not attributable to the Provider.

The App is developed and operated by the Provider independently of Shopify. The following applies:

• The Provider — not Shopify — is solely responsible for the App and its support.

• Shopify is not liable for any fault in the App or any harm that may result from its installation or use.

• Except where expressly stated by Shopify, Shopify cannot provide assistance with the installation or use of the App.

• The Provider is solely responsible for any liability that may arise from the Merchant’s access to or use of the App, including the development, use, marketing, or distribution of the App, support of the App, and the Provider’s access to, use, processing, and storage of merchant data.

The Provider makes the App available with an availability of 99% as a monthly average at the handover point (the data centre’s interface to the internet).

The following do not count as downtime:

• announced maintenance windows, scheduled outside usual business hours where possible,

• disruptions outside the Provider’s sphere of influence, in particular disruptions of the Shopify platform or its interfaces, of the internet, or events of force majeure.

The Merchant’s statutory rights in the event of unavailability, including warranty rights, remain unaffected subject to Sections 10 and 11.

For the duration of the contract, the Merchant receives the simple, non-exclusive, non-transferable, and non-sublicensable right to use the App for the connected Shopify store. Reproduction, modification, or decompilation of the App beyond the cases mandatorily permitted by law is prohibited.

The App is offered in a free plan (FREE) and a paid plan (PRO). The prices and scope of services displayed in the Shopify App Store or in the booking dialog at the time of booking are decisive.

Billing is handled exclusively via Shopify’s billing system (Shopify Billing) under the terms and billing cycles applicable there. The Provider does not collect any payment data of the Merchant.

Price changes will be announced at least 30 days in advance and do not apply retroactively. The Merchant is free to terminate the contract in accordance with Section 14 before a price change takes effect.

The statutory warranty rules apply, subject to the following:

• The Provider’s no-fault liability for damages for defects of the App already existing at the time of contract conclusion (§ 536a(1) alt. 1 BGB) is excluded.

• The Merchant shall report defects without undue delay in text form and shall support the Provider to a reasonable extent in analysing the fault.

(1) The Provider is liable without limitation in cases of intent and gross negligence, for culpable injury to life, body, or health, under the provisions of the German Product Liability Act (Produkthaftungsgesetz), and within the scope of a guarantee expressly assumed by the Provider.

(2) In the event of a slightly negligent breach of an obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Merchant may regularly rely (material contractual obligation), the Provider’s liability is limited in amount to the foreseeable damage typical for this type of contract at the time of contract conclusion.

(3) In the cases of paragraph 2, liability is additionally limited in amount to EUR 10,000 per claim event and to a total of EUR 20,000 for all claim events within one contract year.

(4) In all other respects, the Provider’s liability for slight negligence is excluded.

(5) In the event of loss of data, the Provider is liable, subject to the preceding paragraphs, only for the effort that would have been required to restore the data if proper and regular data backups had been made.

(6) The Provider is not liable for disadvantages resulting from a breach of the Merchant’s obligations under Section 5, in particular from incorrect or omitted placement of the withdrawal function, inaccurate or incomplete legal texts, or failure to verify the Merchant’s own legal obligations.

(7) The above provisions do not entail a shift of the burden of proof to the Merchant’s disadvantage.

The Merchant shall indemnify the Provider against all third-party claims asserted against the Provider on account of content, configurations, or legal texts for which the Merchant is responsible, or on account of a breach of the Merchant’s obligations under Section 5, to the extent that the Merchant is responsible for the underlying infringement. The indemnification includes the necessary costs of legal defence.

The Provider will inform the Merchant without undue delay of any such claim and will — where legally possible — give the Merchant the opportunity to defend against the claim.

Information on the processing of personal data in connection with the App is provided in the privacy policy: https://tg-ai.de/en/apps/retractly/privacy-policy

Where the Provider processes personal data of the Merchant’s end customers, it does so as a processor on the basis of the data processing agreement under Art. 28 GDPR, available at https://tg-ai.de/en/dpa. The data processing agreement becomes part of the contract upon installation of the App.

The contract runs for an indefinite period. The Merchant may terminate the contract at any time without notice by uninstalling the App; uninstallation constitutes termination. Periods already billed via Shopify Billing are not refunded pro rata unless Shopify provides otherwise.

The Provider may terminate the contract with 30 days’ notice in text form. The right of both parties to extraordinary termination for good cause remains unaffected.

Upon termination of the contract, the store’s data is deleted in accordance with the privacy policy (generally within 48 hours of uninstallation). The Merchant remains obliged to provide the withdrawal function under § 356a BGB by other means from the time of termination.

The Provider may amend these Terms with effect for the future where this is necessary due to changes in legislation or case law, changes to the Shopify platform or its interfaces, or the further development of the App, and where the Merchant is not unreasonably disadvantaged thereby. The relationship between performance and remuneration as well as the parties’ material obligations remain unaffected by this right of amendment.

Amendments will be announced to the Merchant in text form (e.g. by email or as a notice in the app dashboard) at least six weeks before they take effect. If the Merchant does not object before the amendments take effect, they are deemed approved; the announcement will specifically point out the right to object and this legal consequence. If the Merchant objects, either party may terminate the contract as of the date the amendment takes effect.

These Terms are provided in German and English. In the event of any deviations, ambiguities, or differences in interpretation between the language versions, only the German version is authoritative and legally binding.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict-of-law rules.

If the Merchant is a merchant within the meaning of the German Commercial Code (Kaufmann), a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider’s registered office. The Provider is also entitled to sue the Merchant at the Merchant’s general place of jurisdiction.

The Merchant may set off claims against the Provider only with undisputed claims or claims established by final judgment.

Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.