Terms of Service for Studyvio

1. Scope, Definitions and Language

1.1 These Terms of Service (“Terms”) govern the provision and use of the software application “Studyvio” (“App”) offered by Tim Wessels UG (haftungsbeschränkt) (“Provider”, “we”, “us”) to merchants using the Shopify platform (“Merchant”, “you”).

1.2 Definitions. “Shopify” means the operator of the Shopify platform and its affiliates. “Shopify Store” means the Merchant’s Shopify online store. “Course” means an online course created by the Merchant in the App. “Student” / “End Customer” means an individual who obtains access to a Course. “Merchant Content” means all content the Merchant uploads to or creates within the App (images, PDFs, text, and videos). “bunny.net” means BunnyWay d.o.o., the Provider’s video-hosting subprocessor (Section 9).

1.3 The App is offered exclusively to businesses (Unternehmer within the meaning of § 14 BGB) for purposes of their trade, business, or profession. It is not offered to consumers (Verbraucher, § 13 BGB). By installing and using the App you represent that you act as a business.

1.4 Defense clause (Abwehrklausel). These Terms apply exclusively. Any conflicting, deviating, or supplementary general terms and conditions of the Merchant do not become part of the contract, even if we perform the service without express objection, unless we expressly agreed to their validity in text form.

1.5 Contract language. The language of the contract is English; this English version is the sole authoritative version. Any German translation is for convenience only; in case of discrepancy the English version prevails. The contract is governed by German law (Section 24).

2. Relationship to Shopify

2.1 The App is an independent third-party application. The Provider is not affiliated with, endorsed by, or sponsored by Shopify. “Shopify” is a trademark of its respective owner.

2.2 The App depends on the availability and functionality of Shopify’s platform and APIs. The Merchant must maintain a valid, active, paid Shopify plan. Development/test stores (which, per Shopify’s developer documentation, “can’t be used for production and can’t process real transactions”) may not be used to operate the App in production or to circumvent Shopify’s paid-plan requirements.

2.3 We are not responsible and assume no liability for changes, outages, deprecations, or discontinuations of the Shopify platform or its APIs, or for acts or omissions of Shopify. Shopify’s own terms (Shopify Terms of Service, API License and Terms of Use, and Shopify’s Data Processing Addendum) govern the Merchant’s relationship with Shopify and remain unaffected by these Terms.

2.4 In accordance with the Shopify API License and Terms of Use (Section 2.3.17), applicable customer data collected via the App on behalf of the Merchant is synced to, and remains accessible in, the Merchant’s Shopify admin. As set out in the Shopify API Terms (Section 4.2), Shopify owns all right, title, and interest in Merchant Data it receives as a result of the App’s installation or use.

3. Contract Formation

3.1 The contract for use of the App is concluded when the Merchant installs the App via the Shopify App Store and accepts these Terms, or upon first use of the App, whichever is earlier. Installation and use constitute acceptance of these Terms.

4. Description of Services

4.1 The App enables Merchants to create, manage, and deliver online Courses within their Shopify Store. Merchants build Courses with a block-based/blog-style builder; Courses are divided into sections containing lessons. Lessons may contain uploaded images, uploaded PDFs, text, and videos. Videos may be embedded via external links (e.g., YouTube, Vimeo) or uploaded directly into the App, in which case they are hosted via the video-hosting subprocessor bunny.net.

4.2 The Merchant links a Shopify product to a Course; buyers of that product obtain access to the linked Course. Courses may also be offered free of charge — either free with account/registration required, or fully public — depending on the Merchant’s Course settings. The App provides a “Students” area in which the Merchant can view enrolled Students (name, email address, purchased Course, and Course progress) and grant or revoke access.

4.3 Configuration responsibility. Access settings (paid, free-with-registration, or public) are controlled by the Merchant. The Merchant is solely responsible for correctly configuring, verifying, and testing the access settings of each Course before publishing and after any change.

4.4 Beta / experimental features. We may offer features designated “beta”, “experimental”, or “preview”. Such features are provided “as is”, may be changed or withdrawn at any time, and — to the extent legally permissible — are excluded from any warranty and from any service-level expectation.

5. Free Service and Future Pricing

5.1 The App is currently provided free of charge. We are under no obligation to provide the App free of charge permanently.

5.2 We reserve the right to introduce paid plans and fees in the future. We will give affected Merchants reasonable advance notice in text form of at least two (2) months before any fees take effect, describing the new plans and prices.

5.3 Upon introduction of fees, we may — at our discretion — offer existing Merchants grandfathered conditions for a transitional period. In any event, no Merchant is obligated to accept new fees: a Merchant who does not wish to accept a chargeable plan may terminate and uninstall the App before the fees take effect. Continued use of the App after fees take effect and after the Merchant has actively selected or confirmed a paid plan constitutes acceptance of the applicable fees. Mere silence is not treated as acceptance of a chargeable plan.

5.4 We reserve the right to discontinue the App or individual features with reasonable advance notice (Section 18).

6. Merchant Obligations

6.1 The Merchant shall provide accurate and complete information, keep account credentials confidential, and secure access to its Shopify Store and the App.

6.2 The Merchant is solely responsible for compliance with all laws applicable to its own business and Course sales, including consumer-protection law, distance-selling/withdrawal rules, information duties, tax and VAT obligations, and telemedia/imprint requirements toward its Students.

6.3 The Merchant shall not misuse the App, including: no reverse engineering, decompilation, or disassembly except as permitted by mandatory law; no circumvention of technical limits or access controls; no excessive, abusive, or automated access (e.g., scraping) beyond normal intended use; and no use that impairs the integrity, security, or performance of the App or the infrastructure of the Provider or its subprocessors.

6.4 Own legal texts toward Students. The Merchant must provide its own lawful terms of service, privacy policy, and any other legally required texts (e.g., imprint, withdrawal instructions) toward its Students. The contractual relationship for Course sales exists solely between the Merchant and the Student. The Provider is not a party to those sales and assumes no responsibility or liability for them, for the Courses’ content, or for the Merchant’s compliance with its legal obligations toward Students. The Provider does not review Merchant Content and assumes no responsibility for the accuracy, legality, or suitability of Course content.

6.5 Duty to test and mitigate. The Merchant must verify Course access settings after set-up and after each change, test that paid Courses are not unintentionally publicly accessible, and take reasonable steps to prevent and mitigate damage (including keeping its own backups per Section 10 and promptly reporting defects per Section 6.6).

6.6 Notification of defects. The Merchant shall notify the Provider of any defect, malfunction, or suspected misconfiguration without undue delay after discovery, in text form, so that the Provider can investigate and remedy it.

6.7 Unless expressly offered as a feature, the App does not collect consumer consents or acknowledgments required under applicable law (e.g., regarding the early expiry of withdrawal rights for digital content). Obtaining such consents in the checkout process is the Merchant’s responsibility.

7. Merchant Content and Uploads

7.1 Ownership / rights warranty. The Merchant retains all rights in its Merchant Content and warrants that it owns or holds all necessary rights, licenses, and consents (including copyright, ancillary copyright, trademark, personality and image rights, and any required music/synchronization or third-party licenses) to upload, store, process, and make available the Merchant Content via the App and to grant the license in Section 7.2.

7.2 License to the Provider. The Merchant grants the Provider a non-exclusive, worldwide, royalty-free license, limited to the term and purpose of operating the service, to host, store, cache, transcode, encode, reproduce, transmit, publicly make available, and deliver the Merchant Content to the extent necessary to provide the App and its features — including via the subprocessor bunny.net and content-delivery networks. The license ends upon deletion of the Merchant Content or termination of the contract, subject to short technical delays and legally required retention.

7.3 Prohibited content. The Merchant must not upload, store, or distribute via the App any content that: is illegal under applicable Union or Member State law; infringes third-party intellectual-property, personality, or other rights; is defamatory, hateful, discriminatory, or incites violence; is pornographic or constitutes or depicts child sexual abuse material (CSAM); contains malware or malicious code; or otherwise violates these Terms or the acceptable-use rules of the Provider or its subprocessors (including bunny.net).

7.4 Indemnification. The Merchant shall indemnify and hold the Provider harmless from and against third-party claims (including reasonable costs of legal defense) arising from the Merchant Content or the Merchant’s use of the App in breach of these Terms or applicable law, in particular claims based on infringement of intellectual-property rights, personality rights, or data-protection/consumer-protection law. This indemnity is fault-based (verschuldensabhängig) and does not apply insofar as the claim is attributable to the Provider. The Provider shall notify the Merchant of any such claim without undue delay, shall not acknowledge or settle claims without the Merchant’s prior consent (not to be unreasonably withheld), and shall give the Merchant reasonable opportunity to defend.

7.5 Notice-and-takedown / DSA. The Provider operates hosting functionality and provides an electronic mechanism enabling any person to notify it of allegedly illegal content at support@mapmigo.io. Consistent with Articles 16 and 17 of the EU Digital Services Act (Regulation (EU) 2022/2065), the Provider may act on such notices and, upon obtaining knowledge of illegal content or a breach of these Terms, may remove or disable access to the content and will provide the affected Merchant with a statement of reasons where required. The Provider may also remove content or suspend/limit accounts where it has credible grounds to believe content is illegal or violates these Terms.

8. Provider Intellectual Property; Feedback

8.1 The App, its software, source code, design, and documentation are and remain the property of the Provider (or its licensors) and are protected by intellectual-property law. The Merchant receives only a non-exclusive, non-transferable, non-sublicensable right, limited to the term of the contract, to use the App for its own business purposes within the Shopify Store.

8.2 The Merchant grants the Provider a perpetual, irrevocable, royalty-free, worldwide license to use feedback, suggestions, and improvement ideas it voluntarily provides, without obligation or compensation, for any purpose including improving the App.

9. Video Hosting and Third-Party Services

9.1 In-app video hosting via bunny.net. Videos uploaded directly into the App are stored, transcoded, and delivered via the Provider’s subprocessor bunny.net (BunnyWay d.o.o., Slovenia) and its content-delivery network. The Merchant acknowledges that in-app video hosting relies on this third-party infrastructure.

9.2 External embeds. Videos embedded via external links (e.g., YouTube, Vimeo) are provided by, and subject to, those platforms’ own terms and privacy policies. The Provider has no control over and assumes no responsibility for external platforms, their availability, or their handling of data.

9.3 Fair use / reasonable limits. The Provider reserves the right to impose, change, and enforce reasonable limits on video/file storage, upload size, and streaming bandwidth (fair use), and to restrict, throttle, or refuse uploads that exceed such limits or that are abusive or disproportionate, taking into account the nature of the service. Where reasonable and possible, the Provider will give prior notice before enforcing limits against an existing Course, except where immediate action is required.

9.4 No backup / archival promise. The App is not a backup or archival service. The Provider does not warrant permanent retention of Merchant Content and gives no backup guarantee. The Merchant must keep its own copies of all Merchant Content (videos, images, PDFs, text) at all times.

9.5 No copy protection guarantee. The App implements reasonable technical measures to restrict access to Courses to authorized Students. However, the Provider does not guarantee protection against unauthorized copying, downloading, screen recording, redistribution, or credential sharing by persons who have legitimate access, and does not provide digital rights management (DRM). Enforcing the Merchant’s rights against Students or third parties is the Merchant’s sole responsibility.

10. Availability, Support and Maintenance

10.1 No guaranteed availability. Appropriate to a currently free service, the App is provided on an “as available” basis. To the extent legally permissible, we do not warrant uninterrupted, timely, secure, or error-free operation, and we give no guaranteed uptime or service level (SLA).

10.2 We may carry out maintenance and may temporarily suspend the App for maintenance, updates, or security reasons. We will endeavor to schedule planned maintenance considerately and to announce significant planned downtime where reasonable.

10.3 Support is provided on a best-effort basis via support@mapmigo.io, with no guaranteed response or resolution times.

11. Warranty / Defects

11.1 Statutory warranty provisions apply subject to these Terms. For a currently free service, the Provider warrants only that it will not fraudulently conceal defects and, where the free provision qualifies as a gratuitous relationship under German law, is liable for defects only under the reduced statutory standard applicable thereto; in all other respects the liability regime in Section 12 applies.

11.2 The Merchant must report defects without undue delay (Section 6.6). No warranty applies to defects caused by the Merchant’s misconfiguration, misuse, unauthorized modifications, or by third-party services (including Shopify or external video platforms) outside the Provider’s control.

12. Limitation of Liability

12.1 The Provider is liable without limitation for damages arising from intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit), from injury to life, body, or health, under the German Product Liability Act (Produkthaftungsgesetz), and to the extent the Provider has assumed a guarantee or fraudulently concealed a defect.

12.2 For slight negligence (leichte Fahrlässigkeit), the Provider is liable only for breach of an essential contractual obligation (wesentliche Vertragspflicht). An essential contractual obligation is an obligation whose fulfillment is essential to the proper performance of the contract, on whose observance the Merchant regularly relies and may rely, and whose breach would jeopardize the achievement of the purpose of the contract. In such cases liability is limited to the foreseeable damage typical for this type of contract.

12.3 Any further liability for slight negligence is excluded; in particular, the Provider is not liable for slightly negligent breaches of non-essential obligations.

12.4 To the extent liability is limited or excluded under Sections 12.2 and 12.3, this also applies — to the extent legally permissible — to indirect and consequential damages, loss of profit, loss of revenue, loss of anticipated savings, and loss of data.

12.5 Access malfunctions. The Merchant acknowledges that Course access depends on correct configuration by the Merchant (Sections 4.3, 6.5) and on the functioning of Shopify’s platform (e.g., order webhooks). Should a malfunction of the App (e.g., due to a bug or misconfiguration) cause a paid Course to become accessible free of charge or to unauthorized persons, cause access not to be granted to entitled Students, or cause access to be wrongly revoked, the Provider’s liability is governed by Sections 12.1–12.4. In particular, for slight negligence the Provider is liable only within the limits of Section 12.2. The Provider is not liable for lost revenue from Course sales that would allegedly have been made but for the unauthorized access, nor for refunds, chargebacks, or support costs resulting from access not being granted or being wrongly revoked, in each case to the extent such liability is excluded or limited above. A failure by the Merchant to meet its duties under Sections 4.3, 6.5, and 6.6 (correct configuration, testing, mitigation, and prompt notification) is taken into account as contributory fault; § 254 BGB applies.

12.6 Insofar as the Provider’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, employees, and vicarious agents (Erfüllungsgehilfen).

12.7 The above provisions do not entail any change in the burden of proof to the Merchant’s disadvantage.

13. Data Protection

13.1 To the extent the Provider processes personal data on behalf of the Merchant in connection with the App — in particular Student data displayed in the “Students” area (names, email addresses, purchase/enrollment data, and Course progress) drawn from Shopify customer data — the Provider acts as processor and the Merchant acts as controller within the meaning of Art. 4 GDPR.

13.2 Such processing is governed by the separate Data Processing Agreement (DPA) (Document 2), concluded together with these Terms and forming an integral part of the contract. In matters of data protection, the DPA prevails over these Terms.

13.3 The Merchant is responsible for a valid legal basis for processing Student data, for its own privacy policy and information duties toward Students, and for lawful configuration of Course access.

13.4 The Provider processes the Merchant’s own account and usage data as an independent controller for the purpose of providing and administering the App; details are set out in the Provider’s privacy policy at studyvio.app/privacy-policy.

13.5 The parties will comply with Shopify’s requirements for apps handling protected customer data, including data minimization, the mandatory compliance webhooks (customers/data_request, customers/redact, shop/redact), and deletion of Merchant Data within the timelines required by Shopify’s API Terms and developer documentation (in particular: completing customers/redact and customers/data_request actions within 30 days of the request, and handling the shop/redact payload that Shopify sends 48 hours after an uninstall). Shopify applies these privacy rights to all personal data regardless of the individual’s location.

14. Confidentiality

14.1 Each party shall keep confidential all non-public information disclosed by the other party and designated as confidential or reasonably recognizable as confidential, use it only for performing the contract, and not disclose it to third parties without authorization. This obligation survives termination for 3 years. It does not apply to information that is or becomes public without breach, was lawfully known, is independently developed, or must be disclosed by law or authority.

15. Set-off and Retention

15.1 The Merchant may set off only against claims that are undisputed or have been finally adjudicated (rechtskräftig festgestellt). The Merchant may exercise a right of retention only insofar as its counterclaim arises from the same contractual relationship.

16. Force Majeure

16.1 Neither party is liable for delay or failure in performance caused by events beyond its reasonable control (force majeure), including natural events, war, terrorism, labor disputes, energy or telecommunications failures, cyber-attacks, and failures or changes of third-party infrastructure (including Shopify and bunny.net). The affected party shall inform the other without undue delay. For the duration of the event, performance obligations are suspended accordingly.

17. Changes to the Terms

17.1 We may amend these Terms with effect for the future where there is a valid reason (e.g., changes in law or case law, changes to the App’s functionality, security requirements, or changes imposed by Shopify or subprocessors), provided the amendment does not unreasonably disadvantage the Merchant and does not affect the essential balance of the contract (the core service-vs-consideration relationship).

17.2 We will notify the Merchant of amendments in text form (e.g., by email or in-app notice) at least two (2) months before they take effect, highlighting the changes.

17.3 For non-material adjustments, the Merchant’s continued use of the App after the effective date is treated as acceptance, and we will point this out in the notice. For material changes (in particular changes to the parties’ main rights and obligations), the change takes effect only if the Merchant does not object within the notice period; if the Merchant objects, we may terminate the contract with reasonable notice, and either party may terminate as set out in Section 18. The Merchant’s right to uninstall/terminate at any time (Section 18) remains unaffected.

18. Term and Termination

18.1 The contract runs for an indefinite term and begins upon installation.

18.2 The Merchant may terminate at any time by uninstalling the App from its Shopify Store.

18.3 The Provider may terminate the contract (and thereby the provision of the free App) with reasonable notice of at least 30 days in text form, and may discontinue the App or features with reasonable notice (Section 5.4). Where the App is removed or sunset, the Provider will endeavor to provide merchant notice and a reasonable transition/wind-down period consistent with Shopify’s requirements (Shopify typically expects at least 30 days’ merchant notice for app removals and app-sunsetting communications).

18.4 The right to terminate for cause (außerordentliche Kündigung) without notice remains unaffected. Good cause for the Provider includes, in particular, material breach of Sections 6 or 7, upload of prohibited content, or misuse endangering the service or third parties.

18.5 Effects of termination. Upon termination, the Merchant’s right to use the App ends. The Merchant must export or secure its Merchant Content before termination/uninstallation (Section 9.4). The Provider will delete Merchant Content and Merchant Data after a retention window of 30 days following termination/uninstallation, except where longer retention is required by law or by Shopify’s API Terms, and subject to the DPA’s deletion provisions. (Note: Shopify separately triggers shop/redact 48 hours after uninstall and requires deletion actions to be completed within 30 days.)

19. Assignment

19.1 The Provider may transfer rights and obligations under this contract to a third party (e.g., in a company reorganization or sale), provided this does not disadvantage the Merchant; the Provider will notify the Merchant, who may terminate if it does not agree. The Merchant may assign claims under this contract only with the Provider’s prior consent in text form (not to be unreasonably withheld).

20. No Consumer Dispute Resolution

20.1 The App is offered to businesses only; the Provider is not obligated and not willing to participate in dispute-resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle).

21. Severability (Salvatorische Klausel)

21.1 Should any provision of these Terms be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions is unaffected.

22. Written/Text Form

22.1 Amendments and supplements to this contract require at least text form; this also applies to any waiver of this text-form requirement. Individual agreements (§ 305b BGB) take precedence.

23. Contact / Imprint

Tim Wessels UG (haftungsbeschränkt)
Abbentorswallstraße 50, 28195 Bremen, Germany
Managing Director: Tim Wessels
Register: Amtsgericht Walsrode, HRB 207796
VAT ID: DE323216420
Email: support@mapmigo.io · Notices/abuse: support@mapmigo.io

24. Governing Law and Jurisdiction

24.1 This contract and all disputes arising from or in connection with it are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and excluding conflict-of-laws rules that would lead to the application of another legal order.

24.2 The exclusive place of jurisdiction for all disputes is Bremen, Germany, provided the Merchant is a merchant (Kaufmann), a legal person under public law, or a special fund under public law, or has no general place of jurisdiction in Germany. A mandatory exclusive place of jurisdiction remains unaffected.