GENERAL TERMS AND CONDITIONS
for the use of Shopify applications developed by Online Origins
Version 1.0 – 3 July 2026 | Online Origins, established in 's-Hertogenbosch, the Netherlands, Chamber of Commerce (KvK) no. 89825624
Article 1 – Definitions
1.1. In these general terms and conditions, the following definitions apply:
a. Supplier: Online Origins, established in 's-Hertogenbosch, the Netherlands, registered with the Dutch Chamber of Commerce under number 89825624, developer and provider of the App(s);
b. App: any software application developed by Supplier and offered through the Shopify App Store platform or otherwise, including all updates, upgrades, new versions, documentation and associated services;
c. Customer: any natural person acting in the course of a profession or business, or any legal entity, that installs or uses an App or enters into an agreement with Supplier for that purpose;
d. Shopify: Shopify Inc. and its affiliated companies, provider of the e-commerce platform on which the Apps operate;
e. Agreement: any agreement between Supplier and Customer concerning the use of an App, of which these general terms and conditions form an integral part;
f. In writing / Written: by letter or e-mail.
Article 2 – Applicability
2.1. These general terms and conditions apply to every offer made by Supplier, every Agreement and every use of an App, whether or not a fee is payable.
2.2. By installing or using an App, the Customer unconditionally accepts these general terms and conditions.
2.3. The applicability of any purchasing or other terms and conditions of the Customer is expressly rejected.
2.4. Deviations from these terms and conditions are valid only if expressly agreed in Writing and apply solely to the Agreement in question.
2.5. Supplier is entitled to unilaterally amend these terms and conditions. Amended terms take effect thirty (30) days after publication. Continued use of the App after that date constitutes acceptance of the amended terms.
2.6. If any provision of these terms and conditions is null and void or is annulled, the remaining provisions shall remain in full force. In that event, the parties shall consult to replace the void or annulled provision with a provision that approximates its purpose as closely as possible.
2.7. The Apps are intended exclusively for business use by entrepreneurs (business-to-business). The Customer declares to be acting in the course of a profession or business.
Article 3 – Formation and duration of the Agreement
3.1. The Agreement is formed at the moment the Customer installs the App, or at the moment the Customer otherwise commences use of the App.
3.2. The Agreement is entered into for an indefinite period, unless agreed otherwise. The Customer may terminate the Agreement at any time by uninstalling the App. Fees already paid will not be refunded.
3.3. Supplier is entitled at any time, without stating reasons and without being liable for any compensation, to terminate the Agreement or to (temporarily) disable, modify or remove the App from the Shopify App Store.
Article 4 – Right of use and obligations of the Customer
4.1. Supplier grants the Customer a non-exclusive, non-transferable, non-sublicensable and revocable right to use the App within its own Shopify environment, solely for the duration of the Agreement.
4.2. The Customer is solely and fully responsible for:
a. the selection, installation, configuration and use of the App and its suitability for the purpose intended by the Customer;
b. the set-up, management and security of its own Shopify store, theme, other apps, integrations and systems;
c. creating and managing backups of all data, settings, theme files and other information, both prior to installation and throughout the use of the App;
d. the accuracy, completeness and lawfulness of all data entered or processed by or through the Customer;
e. compliance with all laws and regulations applicable to the Customer, including but not limited to legislation concerning e-commerce, consumer protection, privacy and taxation;
f. testing the App and every update in a suitable environment before using it in a production environment.
4.3. The Customer is not permitted to decompile, reverse-engineer, copy, modify, rent out, resell or make the App available to third parties, except to the extent permitted by mandatory law.
4.4. The Customer fully indemnifies Supplier against all claims of third parties — including the Customer's own customers, regulators and Shopify — relating to the Customer's use of the App, the Customer's data or any breach by the Customer of these terms or applicable law, including all associated costs of legal assistance.
Article 5 – Delivery “as is”; no warranties
5.1. The Apps are provided and made available “as is” and “as available”, without any warranty or representation of any kind, whether express or implied.
5.2. In particular, Supplier does not warrant that:
a. the App will function without errors, interruptions, security issues or defects;
b. the App is suitable for the purpose intended by the Customer or will meet the Customer's expectations;
c. the App is or will remain compatible with the Shopify platform, the Customer's theme, third-party apps, browsers or other software or systems;
d. defects, errors or bugs will be remedied, or that updates or support will be provided;
e. the App will produce any commercial result, including revenue, conversion, findability or savings;
f. data generated, processed, stored or displayed by the App is accurate, complete or up to date.
5.3. Any statutory or other (implied) warranty, including warranties of merchantability, fitness for a particular purpose and non-infringement, is excluded to the fullest extent permitted by applicable law.
5.4. Advice, documentation, examples and support provided by or on behalf of Supplier are non-binding and indicative; no rights may be derived from them.
Article 6 – Dependence on Shopify and third parties
6.1. The Apps operate exclusively within, and are entirely dependent on, the Shopify platform and the APIs, infrastructure and terms made available by Shopify. Supplier has no influence over or control of Shopify whatsoever.
6.2. Supplier shall never be liable for any damage, malfunction, loss of functionality, loss of data or other consequences arising directly or indirectly from changes, malfunctions, restrictions, termination or other acts or omissions of Shopify or other third parties, including hosting providers, payment services, theme suppliers and providers of other apps.
6.3. Supplier is entitled, but never obliged, to adapt the App to changes in the Shopify platform.
Article 7 – Exclusion and limitation of liability
7.1. Except to the extent precluded by mandatory law, any and all liability of Supplier — on whatever legal basis, including breach of contract, tort/unlawful act, unjust enrichment or otherwise — is fully excluded.
7.2. In particular, but without limitation, Supplier shall never be liable for:
a. indirect damage, consequential damage, loss of profit, loss of revenue, missed savings, missed opportunities, reputational damage and damage due to business interruption;
b. loss, corruption or damage of data, databases, settings, theme files or content, as well as the costs of reconstructing them;
c. damage caused by errors, bugs, defects or incompleteness in the App, the documentation or any update;
d. damage caused by incorrect, incomplete or delayed display, processing or transmission of data (including prices, inventory levels, orders, discounts and calculations);
e. damage caused by unavailability, interruption or delay of the App, the Shopify platform or any third-party service;
f. damage caused by incompatibility or conflicts with themes, other apps, customisations or bespoke work in the Customer's environment;
g. damage caused by incorrect installation, configuration or use of the App by or on behalf of the Customer;
h. damage caused by security incidents, unauthorised access, viruses or other malicious acts of third parties;
i. damage caused by following advice, documentation or support provided by Supplier;
j. fines, penalties or claims of regulators or third parties in connection with the Customer's business operations;
k. damage relating to acts or omissions of Shopify, including removal of the App from the Shopify App Store or suspension of the Customer's account.
7.3. If and to the extent that, notwithstanding Article 7.1, a court establishes that Supplier is nevertheless liable, such liability shall be limited to compensation of direct damage and to a maximum of the amount paid by the Customer to Supplier for the App concerned in the three (3) months preceding the event causing the damage, subject to an absolute maximum of EUR 250 (two hundred and fifty euros) per event and EUR 500 (five hundred euros) per calendar year. For free Apps, liability is in any event limited to EUR 100 (one hundred euros) in total. A series of related events shall be deemed a single event.
7.4. Direct damage shall be understood to mean exclusively the reasonable costs incurred to establish the cause and extent of the damage and the reasonable costs incurred to make Supplier's defective performance conform to the Agreement. All other damage shall be deemed indirect damage.
7.5. Any claim for damages lapses if the Customer has not reported the damage to Supplier in Writing and with reasons within thirty (30) days after discovery, or after the moment the Customer should reasonably have discovered the damage. In any event, every claim against Supplier lapses twelve (12) months after it arose.
7.6. The exclusions and limitations in this article do not apply to the extent the damage results from intent or deliberate recklessness (opzet of bewuste roekeloosheid) of Supplier itself or its managerial staff, or to the extent mandatory law precludes exclusion or limitation.
7.7. The Customer acknowledges that the fee (if any) for the App has been determined with due regard to the exclusions and limitations set out in this article, and that these reflect a reasonable allocation of risk between the parties.
7.8. The exclusions and limitations in these terms and conditions also apply for the benefit of Supplier's directors, employees and auxiliary persons.
Article 8 – Force majeure
8.1. Supplier is not obliged to perform any obligation if prevented from doing so by force majeure. Force majeure includes, among other things: malfunctions or changes at Shopify or other third parties, failures of internet, network, hosting or telecommunications facilities, power outages, cyberattacks (including DDoS attacks and ransomware), shortcomings of suppliers, government measures, illness or unavailability of staff, pandemics, war and any other circumstance beyond Supplier's reasonable control.
8.2. If the force majeure lasts longer than ninety (90) days, either party is entitled to terminate the Agreement, without Supplier being liable for any compensation or refund.
Article 9 – Maintenance, updates and support
9.1. Supplier will use reasonable efforts, at its own discretion, to maintain the App, but is not obliged to do so. No rights may be derived from updates, release planning or support.
9.2. Supplier is entitled at any time to modify, restrict or discontinue the App and its functionality without being liable for any compensation.
9.3. The Customer is obliged to always use the most recent version of the App. Damage resulting from the use of outdated versions is entirely at the Customer's expense and risk.
Article 10 – Fees and payment
10.1. To the extent a fee is payable for the use of an App, invoicing and payment take place through Shopify's billing system, in accordance with the prices and terms stated there.
10.2. Supplier is entitled to change its prices. Price changes will be announced via the Shopify App Store or the App and apply from the next billing period.
10.3. In the event of late payment, Supplier is entitled to suspend or terminate access to the App without prior notice and without being liable for any compensation.
Article 11 – Intellectual property
11.1. All intellectual property rights in the Apps, the documentation and all related materials vest exclusively in Supplier or its licensors. Nothing in these terms and conditions constitutes a transfer of any intellectual property right.
11.2. Supplier may freely and without restriction use feedback, suggestions and ideas from the Customer without any compensation.
Article 12 – Data processing and privacy
12.1. To the extent Supplier processes personal data on behalf of the Customer in providing the App, it does so as a processor within the meaning of the GDPR, solely on the Customer's instructions and in accordance with Supplier's privacy policy, which forms part of these terms and conditions.
12.2. As data controller, the Customer warrants that the processing of personal data through the App is lawful, and indemnifies Supplier against all claims of data subjects and regulators relating thereto.
Article 13 – Governing law and disputes
13.1. These terms and conditions and every Agreement are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention (CISG) is excluded.
13.2. All disputes shall be submitted exclusively to the competent court of the District Court of Oost-Brabant, the Netherlands, without prejudice to Supplier's right to submit the dispute to the court having jurisdiction by law.
13.3. These terms and conditions have been drawn up in Dutch and translated into English. In the event of any discrepancy, the Dutch text shall prevail.
