Terms of Service

§ 1 Scope of Application

These Terms of Service (ToS) govern the use of the Shopisim platform, provided by DigitalsSolutions (Claude Simo, Gummersbach, Germany) as a Software-as-a-Service solution to create and operate online stores.

The contractual partner is the natural or legal person who opens an account on Shopisim (hereinafter "Seller" or "Customer"). Any deviating terms of the Customer apply only if DigitalsSolutions expressly agrees in writing.

§ 2 Shopisim Services

Shopisim is a SaaS platform that lets Sellers set up an online store, sell products, accept payments and manage orders. The exact feature set depends on the chosen plan (Starter, Business, Scale, Enterprise) and on the descriptions published on the platform.

DigitalsSolutions is not a party to the sales contracts concluded between a Seller and its end customers. Shopisim only provides the technical infrastructure, order, payment and shipping management.

§ 3 Contract formation & user account

The contract for the use of the platform is concluded upon successful registration of the Seller (e-mail confirmation). By registering, the Seller accepts these Terms of Service and our Privacy Policy.

The Seller is required to provide accurate and complete information when registering and to keep their credentials confidential. The Seller is liable for all activities carried out under their account, to the extent of their fault.

§ 4 Seller obligations

The Seller agrees to use the platform only in accordance with applicable law. In particular, the Seller may not:

• •publish illegal, defamatory, misleading content or content infringing trademark/copyright
• •use the platform for spam, malware or to circumvent security measures
• •sell products whose distribution is prohibited or regulated in the buyer's region (weapons, prescription medicines, etc.)
• •process end-customer personal data beyond what is required to fulfil orders
• •use automated tools that put excessive load on the platform

In case of breach, DigitalsSolutions is entitled to block content, disable features or terminate the account without notice. The Seller indemnifies DigitalsSolutions against third-party claims arising from breaches caused by the Seller.

§ 5 Availability, maintenance and platform changes

DigitalsSolutions strives for high platform availability but provides no explicit availability guarantee (no binding SLA during the Beta phase). Maintenance is, where possible, scheduled during off-peak hours and announced in advance.

DigitalsSolutions may evolve the feature set of the platform at any time (additions, simplifications, modifications), provided the essential purpose of the contract (operating an online store and processing orders) remains preserved. Material changes are announced at least 30 days in advance.

§ 6 Pricing, payment and free trial

Every new registration starts with a 14-day free trial on the Business plan. No credit card is required during the trial. If no paid plan is activated before expiry, the store is automatically moved to the Starter plan (paid or under the conditions published on /pricing).

Plan prices are published on shopisim.com/pricing. Unless otherwise stated, prices are exclusive of statutory VAT. Billing is monthly or annually in advance, depending on the chosen cycle.

Accepted payment methods: SEPA direct debit, credit card (via Stripe), PayPal. In case of late payment, DigitalsSolutions may charge default interest of 5 percentage points above the base rate and, after unsuccessful reminder, suspend access or terminate the contract.

§ 7 Copyright and content

The Shopisim platform - including software, themes, texts, graphics and logos - is the property of DigitalsSolutions and is protected by copyright. The Seller receives a non-exclusive, non-transferable right of use for the duration of the contract.

Content uploaded by the Seller (product descriptions, images, logos, trademarks) remains the Seller's property. By uploading, the Seller grants DigitalsSolutions the right to store, reproduce and deliver that content to the Seller's end customers as needed to provide the service.

§ 8 Custom domain

Sellers from the Business plan onwards can connect their own domain to the store. The domain is held with the Seller's registrar - DigitalsSolutions only acts as a technical intermediary (DNS configuration, SSL certificate). Loss or transfer issues with a domain fall under the registrar's responsibility.

§ 9 Term, termination and right of withdrawal

The contract is concluded for an indefinite period. The Seller may terminate it at any time, effective at the end of the current billing period (month or year), without giving reasons, from /seller/billing.

DigitalsSolutions may terminate the contract with 30 days' notice to the end of a billing period, or without notice for good cause (in particular for breach of § 4).

§ 10 Liability and force majeure

DigitalsSolutions is liable without limitation for intent and gross negligence and for harm to life, body or health. In case of slight negligence, liability is limited to foreseeable, contract-typical damage and capped at six times the Seller's monthly fee.

DigitalsSolutions is not liable for outages caused by force majeure - in particular power cuts, internet failures of upstream carriers, regulatory blocks, third-party cyberattacks or similar events outside its reasonable control.

§ 11 Data protection, export and deletion

The processing of personal data is governed by our privacy policy (shopisim.com/datenschutz). When the Seller processes its end customers' personal data as part of its activity, it is the controller; DigitalsSolutions acts as a processor within the meaning of Art. 28 GDPR.

The Seller can request, at any time from /seller/settings, a full export of its data (products, orders, customers) in JSON format. After contract end, the data is - subject to statutory retention obligations (10 years for accounting records under German law) - deleted or anonymized within 90 days.

§ 12 Changes to the Terms

DigitalsSolutions reserves the right to update these Terms in case of legal developments, technical evolutions or new platform features. Material changes are notified to the Seller at least 30 days before they take effect, by e-mail. Without objection from the Seller within that period, the updated Terms are deemed accepted. In case of objection, the contract continues under the previous terms until the end of the current billing period and ends automatically thereafter.

§ 13 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers residing in the EU, the mandatory consumer protection rules of their country of residence remain unaffected. The exclusive place of jurisdiction for merchants, legal persons under public law or special funds under public law is Gummersbach. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.