Merchant Terms of Service
The legal text of Shopify's Merchant Terms of Service did not change at all in this update — every single edit is to a hyperlink destination. Most links to referenced policies (Privacy Policy, EU Terms, API Terms, Shop Pay/Apple Pay terms, Tax Terms, Shipping Terms, consumer privacy policies, PCI reports, and the support contact page) now point to URLs with a '/de/' (German) locale prefix instead of the general/English URLs. More notably, the link to the Data Processing Addendum — the document that explains how Shopify handles customer personal data — was swapped out entirely for an unrelated 'Impressum' (German company-info) page, in two places. This could be a side effect of how the page was fetched (e.g., a German IP/locale setting) rather than a deliberate move by Shopify, but as written, the document now sends readers to the wrong page for a key data-protection document.
Link to the data-processing terms now leads to the wrong document
The Data Processing Addendum is the document that spells out how Shopify is allowed to use, store, and share your customers' personal data. The link to it was replaced with a link to an unrelated 'Impressum' (company info) page. If you try to review how your customers' data is actually handled by following this link, you won't find the right document.
“[Data Processing Addendum](https://shopify.com/de/legal/impressum)”
What you can do — Don't rely on the in-document link — contact Shopify Support directly and ask for the current Data Processing Addendum if you need to review it.
Reference links now point to German-language pages
Nearly every link in the Terms to a related policy (privacy policy, tax terms, shipping terms, support page, etc.) now goes to a German-locale ('/de/') version of that page. If you don't read German, you may land on a page you can't understand instead of the policy itself.
“[API Terms](https://shopify.com/de/legal/api-terms)”
What you can do — If a linked page loads in German, look for a language/region switcher on Shopify's site, or search shopify.com/legal directly for the English version of the policy you need.
| 24 | 24 | Welcome to Shopify! By signing up for a Shopify Account (as defined in Section 1) or by using any Shopify Services (as defined below), you are agreeing to be bound by the following terms and conditions (the "**Terms of Service**"). |
| 25 | 25 | |
| 26 | 26 | As used in these Terms of Service, "**we**", "**us**", "**our**" and "**Shopify**" means the applicable Shopify Contracting Party (as defined in Section 13 below), and "**you**" means the Shopify User (if registering for or using a Shopify Service as an individual), or the business employing the Shopify User (if registering for or using a Shopify Service as a business) and any of its affiliates. |
| 27 | 27 | |
| 28 | 28 | Shopify provides a complete commerce platform that enables merchants to unify their commerce activities. Among other features, this platform includes a range of tools for merchants to build and customize online stores, sell in multiple places (including web, mobile, social media, online marketplaces and other online locations ("**Online Services**") and in person ("**POS Services**")), manage products, inventory, payments, fulfillment, shipping, business operations, marketing and advertising, and engage with existing and potential customers. Any such service or services offered by Shopify are referred to in these Terms of Services as the "**Service(s)**". Any new features or tools which are added to the current Services will also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at [https://shopify.com/legal/terms](https://shopify.com/legal/terms). |
| 29 | 29 | |
| 30 | You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Shopify's [Acceptable Use Policy](https://www.shopify.com/legal/aup) ("**AUP**") and [Privacy Policy](https://shopify.com/legal/privacy), and, if applicable, the [Supplementary Terms of Service for E.U. Merchants](https://shopify.com/legal/eu-terms) ("**EU Terms**"), the [Shopify API License and Terms of Use](https://shopify.com/legal/api-terms) ("**API Terms**") and the Shopify [Data Processing Addendum](https://shopify.com/legal/dpa) ("**DPA**") before you may sign up for a Shopify Account or use any Shopify Service. | |
| 30 | You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including Shopify's [Acceptable Use Policy](https://www.shopify.com/legal/aup) ("**AUP**") and [Privacy Policy](https://shopify.com/de/legal/datenschutz), and, if applicable, the [Supplementary Terms of Service for E.U. Merchants](https://shopify.com/de/legal/eu-terms) ("**EU Terms**"), the [Shopify API License and Terms of Use](https://shopify.com/de/legal/api-terms) ("**API Terms**") and the Shopify [Data Processing Addendum](https://shopify.com/de/legal/impressum) ("**DPA**") before you may sign up for a Shopify Account or use any Shopify Service. | |
± CHANGEDData Processing Addendum link now points to an unrelated 'Impressum' page In two places (the intro and Section 12.2), the link that's supposed to go to Shopify's Data Processing Addendum — the document describing how customer personal data is handled — now goes to a German 'Impressum' (legal/company notice) page instead. ± CHANGEDPrivacy Policy link now points to a German-language page The main Privacy Policy link, referenced at the very top of the agreement, now points to a German-language 'datenschutz' URL instead of the general Privacy Policy page. | ||
| 31 | 31 | |
| 32 | 32 | **Everyday language summaries are provided for convenience only and appear in bold near each section, but these summaries are not legally binding. Please read the Terms of Service, including any document referred to in these Terms of Service, for the complete picture of your legal requirements. By using Shopify or any Shopify services, you are agreeing to these terms. Be sure to occasionally check back for updates.** |
| 33 | 33 | |
| 34 | 34 | ## 1\. Account Terms |
| 35 | 35 | |
| 36 | 36 | 1. To access and use the Services, you must register for a Shopify account ("**Account**"). To complete your Account registration, you must provide us with your full legal name, business address, phone number, a valid email address, and any other information indicated as required. Shopify may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion. |
| 64 | 64 | 2. You acknowledge that PayPal Express Checkout and/or Shopify Payments will be your default payments gateway(s) and that it is your sole responsibility as the Store Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, PayPal Express Checkout is a Third Party Service, as defined in Section 9.9 of these Terms of Service. |
| 65 | 65 | |
| 66 | 66 | **2.4 Shop Pay** |
| 67 | 67 | |
| 68 | 68 | 1. Upon completion of sign up for the Service, if you have been enrolled in Shopify Payments, Shop Pay will automatically appear as an accelerated checkout option on your checkout page. If you do not wish for Shop Pay to appear on your Store, it is your responsibility to remove it by managing your accelerated checkouts in your Shopify administrative console. |
| 69 | 69 | 2. If your customers have enabled Shop Pay, customers may purchase goods and services from your Shopify Store using Shop Pay. |
| 70 | 3. By using Shop Pay on your Shopify Store, you agree to be bound by the [Shop Pay Merchant Terms of Service](https://shopify.com/legal/shop-pay-merchant-terms), as they may be amended by Shopify from time to time. If Shopify amends the Shop Pay Merchant Terms of Service, amendments are effective as of the date of posting. Your continued use of Shop Pay on your Store after the amended Shop Pay Merchant Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Shop Pay Merchant Terms of Service. If you do not agree to any changes to the Shop Pay Merchant Terms of Service, it is your responsibility to remove Shop Pay by managing your accelerated checkouts in your Shopify administrative console. | |
| 70 | 3. By using Shop Pay on your Shopify Store, you agree to be bound by the [Shop Pay Merchant Terms of Service](https://shopify.com/de/legal/shop-pay-merchant-terms), as they may be amended by Shopify from time to time. If Shopify amends the Shop Pay Merchant Terms of Service, amendments are effective as of the date of posting. Your continued use of Shop Pay on your Store after the amended Shop Pay Merchant Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Shop Pay Merchant Terms of Service. If you do not agree to any changes to the Shop Pay Merchant Terms of Service, it is your responsibility to remove Shop Pay by managing your accelerated checkouts in your Shopify administrative console. | |
| 71 | 71 | |
| 72 | 72 | **2.5 Apple Pay for Safari Account** |
| 73 | 73 | |
| 74 | 74 | 1. Upon completion of sign up for the Service, Shopify will create an Apple Pay for Safari ("**Apple Pay**") account on your behalf, using the URL(s) and business name associated with your Account. Depending on your location, Shopify may activate your Apple Pay account on your behalf, otherwise you will be required to activate your Apple Pay account within your Account admin. If you do not wish to keep your Apple Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Apple Pay is a Third Party Service, as defined in Section 9.9 of these Terms of Service. |
| 75 | 75 | 2. If you use an Apple Pay supported payment gateway and your customers have enabled Apple Pay on their device, customers may purchase goods and services from your Store using Apple Pay. |
| 76 | 3. By using Apple Pay on your Store, you are agreeing to be bound by the [Apple Pay Platform Web Merchant Terms and Conditions](https://shopify.com/legal/apple-pay), as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here: [https://shopify.com/legal/apple-pay](https://shopify.com/legal/apple-pay). Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your Store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your Store. | |
| 76 | 3. By using Apple Pay on your Store, you are agreeing to be bound by the [Apple Pay Platform Web Merchant Terms and Conditions](https://shopify.com/de/legal/apple-pay), as they may be amended by Apple from time to time. If Apple amends the Apple Pay Platform Web Merchant Terms and Conditions, the amended and restated version will be posted here: [https://shopify.com/legal/apple-pay](https://shopify.com/legal/apple-pay). Such amendments to the Apple Pay Platform Web Merchant Terms are effective as of the date of posting. Your continued use of Apple Pay on your Store after the amended Apple Pay Platform Web Merchant Terms are posted constitutes your agreement to, and acceptance of, the amended Apple Pay Platform Web Merchant Terms. If you do not agree to any changes to the Apple Pay Platform Web Merchant Terms, de-activate your Apple Pay account and do not continue to use Apple Pay on your Store. | |
± CHANGEDApple Pay terms updated inconsistently In the Apple Pay section, the first link to the Apple Pay Platform Web Merchant Terms was updated to the German-locale URL, but a second link to the same document later in the same sentence was left unchanged, pointing to the original page. | ||
| 77 | 77 | |
| 78 | 78 | **2.6 Google Pay** |
| 79 | 79 | |
| 80 | 80 | 1. Upon completion of sign up for the Service, if you have been enrolled in Shopify Payments, Shopify will also create a Google Pay account on your behalf. If you do not wish to keep your Google Pay account active, it is your responsibility to deactivate it. For the avoidance of doubt, Google Pay is a Third Party Service, as defined in Section 9.9 of these Terms of Service. |
| 81 | 81 | 2. If you use a Google Pay supported payment gateway and your customers have enabled Google Pay, customers may purchase goods and services from your Store using Google Pay. |
| 82 | 82 | 3. By using Google Pay on your Store, you are agreeing to be bound by the [Google Pay API Terms of Service](https://payments.developers.google.com/terms/sellertos), as they may be amended by Google from time to time. If Google amends the Google Pay API Terms of Service, the amended and restated version will be posted here: [https://payments.developers.google.com/terms/sellertos](https://payments.developers.google.com/terms/sellertos). Such amendments to the Google Pay API Terms of Service are effective as of the date of posting. Your continued use of Google Pay on your Store after the amended Google Pay API Terms of Service are posted constitutes your agreement to, and acceptance of, the amended Google Pay API Terms of Service. If you do not agree to any changes to the Google Pay API Terms of Service, deactivate your Google Pay account and do not continue to use Google Pay on your Store. |
| 118 | 118 | 1. You acknowledge and agree to provide public-facing contact information, terms of service, a refund policy, and shipping policies (including order fulfilment timelines) on your Shopify Store. Public-facing contact information should include your name, address, telephone number, and email address. You should inform your customers if you use a third-party supplier. |
| 119 | 119 | |
| 120 | 120 | 2. You acknowledge and agree that the Services are not a marketplace, and any contract of sale made through the Services is directly and only between you and the customer. You are the seller or merchant of record for all sales through the Services. You are responsible for the creation and operation of your Shopify Store, your Materials, the goods and services that you may sell through the Services, and all aspects of the transactions between you and your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer's purchase, determining and collecting taxes, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or your breach of these Terms of Service. You are responsible for your Store, your Materials (including any Materials you create using Shopify's services and tools), and the goods and services you sell through the Services. For the avoidance of doubt, Shopify is not the seller or merchant of record and has no responsibility for your Store, your Materials, the goods or services you may sell through the Services, or any aspect of the transaction between you and your customer(s). |
| 121 | 121 | |
| 122 | 122 | 3. You represent and warrant that you will comply with all applicable laws, rules, regulations, and rights of third parties in your use of any of the Service and your performance of obligations under the Terms of Service. |
| 123 | 123 | |
| 124 | 4. The [API Terms](https://shopify.com/legal/api-terms) govern your access to and use of the Shopify API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure. | |
| 124 | 4. The [API Terms](https://shopify.com/de/legal/api-terms) govern your access to and use of the Shopify API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the API Terms) and for keeping your API Credentials secure. | |
| 125 | 125 | |
| 126 | 126 | 5. You agree to use Shopify Checkout for any sales associated with your online store. "**Shopify Checkout**" means Shopify's checkout experience that allows Customers to enter their shipping information and payment details after adding item(s) to their cart and before placing an order, including checkouts that occur through the Shopify Checkout API. |
| 127 | 127 | |
| 128 | 128 | ## 5\. Payment of Fees and Taxes |
| 129 | 129 | |
| 130 | 130 | 1. You will pay the Fees applicable to your subscription to Online Service and/or POS Services ("**Subscription Fees**") and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your Store when using all payment providers other than Shopify Payments ("**Transaction Fees**"), and any fees relating to your purchase or use of any products or services such as Shopify Payments, POS Equipment, shipping, apps, Themes, domain names, Shopify App Store, or Third Party Services ("**Additional Fees**"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "**Fees**". |
| 144 | 144 | 8. You are solely responsible for determining, collecting, withholding, reporting, and remitting applicable taxes, duties, fees, surcharges and additional charges that arise from or as a result of any sale on your Shopify Store or your use of the Services. The Services are not a marketplace. Any contract of sale made through the Services is directly between you and the customer. |
| 145 | 145 | |
| 146 | 146 | 9. You must maintain an accurate location in the administrative console of your Shopify Store. If you change jurisdictions you must promptly update your location in the administrative console. |
| 147 | 147 | |
| 148 | 148 | 10. Shopify does not provide refunds. |
| 149 | 149 | |
| 150 | 11. Your access to and use of any tools that Shopify offers to you that help you calculate or estimate taxes that arise from or as a result of a sale on your Store ("**Shopify Tax**") is subject to the [Shopify Tax Terms of Service](https://shopify.com/legal/shopify-tax-terms) or that help you file such taxes ("**Shopify Tax Automated Filing**") is subject to the [Shopify Tax Automated Filing Terms of Service](https://shopify.com/legal/shopify-tax-filing-terms). | |
| 150 | 11. Your access to and use of any tools that Shopify offers to you that help you calculate or estimate taxes that arise from or as a result of a sale on your Store ("**Shopify Tax**") is subject to the [Shopify Tax Terms of Service](https://shopify.com/de/legal/shopify-tax-terms) or that help you file such taxes ("**Shopify Tax Automated Filing**") is subject to the [Shopify Tax Automated Filing Terms of Service](https://shopify.com/de/legal/shopify-tax-filing-terms). | |
| 151 | 151 | |
| 152 | 152 | ## 6\. Confidentiality |
| 153 | 153 | |
| 154 | 154 | 1. "**Confidential Information**" will include, but will not be limited to, any and all information associated with a party's business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Shopify's Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices. |
| 155 | 155 | |
| 156 | 156 | 2. Each party agrees to use the other party's Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party's obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party's Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service. |
| 187 | 187 | **9.1 Scope** |
| 188 | 188 | |
| 189 | 189 | 1. Shopify may make available certain services, products, applications and tools, in addition to the Services, including but not limited to, Shopify Payments, Shopify Capital, Shopify Shipping, point-of-sale (POS) services and equipment, and the services outlined in this Section 9 (collectively, "**Additional Services**"). Your use of, and access to, any Additional Services is subject to these Terms or, in some cases, may be subject to additional and separate fees, terms, and policies (the "**Additional Service Terms**"). |
| 190 | 190 | |
| 191 | 191 | **9.2 Enhanced Services** |
| 192 | 192 | |
| 193 | 1. Certain Additional Services help protect, grow, and improve your business and the businesses of other Shopify merchants through enhanced features that incorporate data and information from customer interactions with Your Store, with other Merchants, and with Shopify, such as advanced product and Store customization, analytics, and advertising services (the "**Enhanced Services**"). You may disable the setting that powers Enhanced Services ("**Shopify Network Intelligence**") [here](https://admin.shopify.com/settings/privacy), which prevents us from using additional customer Personal Data for Enhanced Services going forward. A list of Shopify apps and features that require Shopify Network Intelligence to be enabled is available [here](https://help.shopify.com/en/manual/privacy-and-security/privacy/customer-privacy-settings/privacy-settings) and may be updated from time to time. | |
| 193 | 1. Certain Additional Services help protect, grow, and improve your business and the businesses of other Shopify merchants through enhanced features that incorporate data and information from customer interactions with Your Store, with other Merchants, and with Shopify, such as advanced product and Store customization, analytics, and advertising services (the "**Enhanced Services**"). You may disable the setting that powers Enhanced Services ("**Shopify Network Intelligence**") [here](https://admin.shopify.com/settings/privacy), which prevents us from using additional customer Personal Data for Enhanced Services going forward. A list of Shopify apps and features that require Shopify Network Intelligence to be enabled is available [here](https://help.shopify.com/de/manual/privacy-and-security/privacy/customer-privacy-settings/privacy-settings) and may be updated from time to time. | |
| 194 | 194 | 2. To provide the Enhanced Services, Shopify can use Personal Data from your customers' interactions and transactions with Your Store, with other Merchants, and with Shopify. |
| 195 | 3. Further, when Shopify provides the Enhanced Services to help grow and improve your business and the businesses of other Shopify merchants by placing or delivering advertising for stores and products based on customer Personal Data from interactions with Your Store, with other Merchants and with Shopify, this may constitute a "share" or "targeted advertising" under privacy laws in certain US states, for which you must provide your customers residing in those jurisdictions with a right to opt-out. This may also trigger additional obligations if you are based in the EEA or UK or when you interact with customers in the EEA or UK, as set forth in Appendix E of our [Data Processing Addendum](https://shopify.com/legal/upcoming-dpa). | |
| 196 | 4. You agree, represent, and warrant that if you receive Enhanced Services from Shopify, you will comply with all requirements that apply to your customer Personal Data under Applicable Data Protection Law and as set forth in Appendix E of our [Data Processing Addendum](https://shopify.com/legal/upcoming-dpa). | |
| 197 | 5. If you receive Enhanced Services, you are required to include a link to Shopify's [Consumer Privacy Policy](https://shopify.com/legal/privacy/consumers) in your privacy policy, and to post a link to your privacy policy prominently in your Store. The content of your terms of service and privacy policy must also (i) disclose that your Store is hosted by Shopify, and Shopify collects and processes your customers' Personal Data, for purposes including but not limited to, providing the Enhanced Services, (ii) include notice that information submitted by customers to the Store(s) will be shared with Shopify as well as third parties that may be located in other countries, in order to provide services to such users, including but not limited to the Enhanced Services, and (iii) include a link to the method by which customers may opt out or object to Shopify processing their data for certain use cases, depending on their jurisdiction [here](https://privacy.shopify.com/). | |
| 195 | 3. Further, when Shopify provides the Enhanced Services to help grow and improve your business and the businesses of other Shopify merchants by placing or delivering advertising for stores and products based on customer Personal Data from interactions with Your Store, with other Merchants and with Shopify, this may constitute a "share" or "targeted advertising" under privacy laws in certain US states, for which you must provide your customers residing in those jurisdictions with a right to opt-out. This may also trigger additional obligations if you are based in the EEA or UK or when you interact with customers in the EEA or UK, as set forth in Appendix E of our [Data Processing Addendum](https://shopify.com/de/legal/upcoming-dpa). | |
| 196 | 4. You agree, represent, and warrant that if you receive Enhanced Services from Shopify, you will comply with all requirements that apply to your customer Personal Data under Applicable Data Protection Law and as set forth in Appendix E of our [Data Processing Addendum](https://shopify.com/de/legal/upcoming-dpa). | |
| 197 | 5. If you receive Enhanced Services, you are required to include a link to Shopify's [Consumer Privacy Policy](https://shopify.com/de/legal/privacy/consumers) in your privacy policy, and to post a link to your privacy policy prominently in your Store. The content of your terms of service and privacy policy must also (i) disclose that your Store is hosted by Shopify, and Shopify collects and processes your customers' Personal Data, for purposes including but not limited to, providing the Enhanced Services, (ii) include notice that information submitted by customers to the Store(s) will be shared with Shopify as well as third parties that may be located in other countries, in order to provide services to such users, including but not limited to the Enhanced Services, and (iii) include a link to the method by which customers may opt out or object to Shopify processing their data for certain use cases, depending on their jurisdiction [here](https://privacy.shopify.com/). | |
| 198 | 198 | |
| 199 | 199 | **9.3 POS Services** |
| 200 | 200 | |
| 201 | 201 | 1. In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the Shopify POS software ("**POS Software**"), the Shopify POS website, located at [https://shopify.com/pos](https://shopify.com/pos), programs, documentation, apps, tools, internet-based services and components, Shopify's POS hardware ("**POS Equipment**") and any updates thereto provided to you by Shopify. |
| 202 | 202 | 2. Access to and use of the POS Services requires that you have an active and valid Account. |
| 203 | 203 | 3. If your POS Services are enabled with Shopify Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must be the same as that used for your Online Services, if applicable. |
| 204 | 204 | 4. You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services). |
| 205 | 205 | 5. You agree to use the POS Services in accordance with all procedures that may be provided by Shopify from time to time. |
| 206 | 206 | 6. While the POS Services use encryption technology, and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services. |
| 207 | 7. POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement, [POS Equipment Agreement and Return Policy](https://shopify.com/legal), applicable to your country. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. Returns and refunds are not available for the Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards purchased from the Shopify Hardware Store. | |
| 207 | 7. POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement, [POS Equipment Agreement and Return Policy](https://shopify.com/de/legal), applicable to your country. Upon payment by you for the POS Equipment, and confirmation to you of shipment of the POS equipment, you will acquire ownership of and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis, solely for the purposes of using the POS Services. Returns and refunds are not available for the Chip & Swipe Reader, Swipe (Audio Jack) and physical gift cards purchased from the Shopify Hardware Store. | |
| 208 | 208 | 8. The Fees for POS Services will be determined based on the number of locations at which you are using the POS Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the Shopify web administrative console associated with your Account. The number of locations using POS Services will also be detected by us and billed accordingly as part of your regular billing cycle. In the event of any discrepancy between the number of locations added by you through the Shopify web administrative console and the number of locations detected by Shopify, the number of locations detected by Shopify will be deemed to be correct. |
| 209 | 209 | |
| 210 | 210 | **9.4 Shopify Shipping** |
| 211 | 211 | |
| 212 | 1. You can purchase shipping labels from within your Shopify administrative console ("**Shopify Shipping**") for delivery of goods purchased from you. Your use of Shopify Shipping is subject to the [Shopify Shipping Terms of Service](https://shopify.com/legal/terms-shipping-global). | |
| 212 | 1. You can purchase shipping labels from within your Shopify administrative console ("**Shopify Shipping**") for delivery of goods purchased from you. Your use of Shopify Shipping is subject to the [Shopify Shipping Terms of Service](https://shopify.com/de/legal/terms-shipping-global). | |
| 213 | 213 | |
| 214 | 214 | **9.5 SMS Messaging** |
| 215 | 215 | |
| 216 | 216 | 1. The Services allow you to send certain communications to your customers by short message service (SMS) messaging, including order confirmation and marketing messages (the "**SMS Services**"). You will only use the SMS Services in compliance with these Terms of Service and the laws of the jurisdiction from which you send messages and in which your messages are received. The SMS Services use third party providers, and your use is subject to Twilio's [Acceptable Use Policy](https://www.twilio.com/legal/aup), which may be amended from time to time. |
| 217 | 217 | |
| 218 | 218 | **9.6 Theme Store** |
| 244 | 244 | 11. including "**junk mail**," "**chain letters**," "**pyramid schemes**," incentives (e.g., coupons, discounts, awards, or other incentives) or other material in any email that encourages a recipient to forward the Email to another recipient. |
| 245 | 245 | 7. If you or a customer knows of or suspects any violations of the Email Services Requirements, please visit [Shopify's Help Center](https://help.shopify.com/en). Shopify will determine compliance with the Email Services Requirements in its discretion. |
| 246 | 246 | 8. Shopify's Email Services utilize Third Party Providers, including SendGrid (a Twilio Company). Your use of the Email Services is subject to Twilio's [Acceptable Use Policy](https://www.twilio.com/en-us/legal/aup). |
| 247 | 247 | |
| 248 | 248 | **9.8 Shop** |
| 249 | 249 | |
| 250 | 1. Shop is a Shopify application that is available to Eligible Merchants (defined below) ("**Shop**", more details [here](https://help.shopify.com/en/manual/online-sales-channels/shop)) to engage with customers that use Shop (each, a "**Shop User**"). Shop Users' use of Shop is subject to Shopify's [Consumer Terms of Service](https://shop.app/terms-of-service) and [Consumer Privacy Policy](https://shopify.com/legal/privacy/app-users). | |
| 250 | 1. Shop is a Shopify application that is available to Eligible Merchants (defined below) ("**Shop**", more details [here](https://help.shopify.com/en/manual/online-sales-channels/shop)) to engage with customers that use Shop (each, a "**Shop User**"). Shop Users' use of Shop is subject to Shopify's [Consumer Terms of Service](https://shop.app/terms-of-service) and [Consumer Privacy Policy](https://shopify.com/de/legal/privacy/app-users). | |
| 251 | 251 | 2. Your use of Shop is deemed to be a part of the Services, and all terms applicable to the Services apply. Without limiting the generality of the preceding sentence, and subject to these Terms of Service and all applicable guidelines and policies, Shopify reserves the right to refuse a Merchant access to or use of all or part of the Shop for any reason and at any time without prior notice. Only those Merchants who meet all merchant requirements and do not sell any prohibited products, as outlined in the Shop Merchant Guidelines (as may be amended from time to time), are eligible to access and use the Shop Services ("**Eligible Merchants**"). |
| 252 | 252 | 3. We may display your Materials, including product or service listings, Your Trademarks and any other content, data, or information from your Shopify Store on Shop. While Shop enables Shop Users to shop natively, the transaction is completed on your Shopify Store. For clarity and avoidance of doubt, Section 7 (Limitation of Liability and Indemnification) and Section 8 (Intellectual Property) apply to the use of your Materials on Shop and your responsibility for your Materials and purchases made through your Shopify Store. |
| 253 | 253 | 4. Your Materials and your use of Shop must comply at all times with our [Shop App Merchant Guidelines](https://help.shopify.com/en/manual/online-sales-channels/shop/eligibility), these Terms of Service, the Additional Terms, all other applicable policies and guidelines, and applicable law. |
| 254 | 254 | 5. As in other areas of the Service, Shopify is not obligated to intervene in any dispute arising between you and your customers (including Shop Users). |
| 255 | 255 | 6. For more information about how we display content on Shop, see our [Shop App help documentation](https://help.shopify.com/en/manual/online-sales-channels/shop/customer-experience). |
| 256 | 256 | 7. If you do not wish for your Materials to be available in Shop, it is your responsibility to manage or deactivate this Service. If you have the Shop merchant channel installed, please see instructions [here](https://help.shopify.com/en/manual/online-sales-channels/shop). If you do not yet have the Shop merchant channel installed on your Shopify Store, install it [here](https://apps.shopify.com/shop). If the Shop merchant channel is not currently supported in your country, please contact [support](https://help.shopify.com/en/) to remove your Materials from Shop. |
| 257 | 8. Shop Users who purchase from your Shopify Store are able to view, manage, and track orders from your Shopify Store in Shop. You authorize Shopify to connect information about, or related to, Shop Users' purchases from your Store with their Shop account. Shopify may use certain information about your customers (including email address, phone number, purchase information and/or payment information) to support the processing and fulfilling of orders (e.g. order tracking), servicing Shop User accounts, and processing payments (e.g. enabling faster checkouts). Information connected with a Shop User's Shop Account is subject to the [Consumer Terms of Service](https://shop.app/terms-of-service) and [Consumer Privacy Policy](https://shopify.com/legal/privacy/app-users). | |
| 257 | 8. Shop Users who purchase from your Shopify Store are able to view, manage, and track orders from your Shopify Store in Shop. You authorize Shopify to connect information about, or related to, Shop Users' purchases from your Store with their Shop account. Shopify may use certain information about your customers (including email address, phone number, purchase information and/or payment information) to support the processing and fulfilling of orders (e.g. order tracking), servicing Shop User accounts, and processing payments (e.g. enabling faster checkouts). Information connected with a Shop User's Shop Account is subject to the [Consumer Terms of Service](https://shop.app/terms-of-service) and [Consumer Privacy Policy](https://shopify.com/de/legal/privacy/app-users). | |
| 258 | 258 | |
| 259 | 259 | **9.9 Third Party Services and Third Party Partners** |
| 260 | 260 | |
| 261 | 261 | 1. Shopify may provide you with access to or enable third party software, applications ("**Apps**"), products, services or website links (collectively, "**Third Party Services**") for your consideration or use, including via the Shopify App Store or Partner Directory. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("**Third Party Provider**"). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers. |
| 262 | 262 | 2. Your use of Third Party Services is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions between you and the Third Party Providers. In some instances, Shopify may receive a revenue share from Third Party Providers that Shopify recommends to you or that you otherwise engage. |
| 263 | 263 | 3. We do not provide any warranties or make representations to you with respect to Third Party Services or Third Party Providers. You acknowledge that Shopify has no control over Third Party Services or Third Party Providers and will not be responsible or liable to you or anyone else for such Third Party Services or Third Party Providers. The availability of Third Party Services, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Shopify. Shopify does not guarantee the availability of Third Party Services and you acknowledge that Shopify may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Shopify is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Shopify strongly recommends that you seek specialist advice before using or relying on Third Party Services or Third Party Providers to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice, when assessing whether a good or service is taxable or the correct tax rates you should charge to your customers. |
| 284 | 284 | If you use Shopify Audiences, your use is subject to the [Shopify Audiences Terms and Conditions](https://admin.shopify.com/apps/shopify-audiences/settings/terms). |
| 285 | 285 | |
| 286 | 286 | **9.13 Shopify Checkout Extensibility** |
| 287 | 287 | |
| 288 | 288 | 1. Shopify allows you to use extensions to customize your checkout ("**Shopify Checkout Extensibility**"). In addition to the terms applicable to your use of the Services generally, the following terms apply to your access to and use of Shopify Checkout Extensibility: a. You are responsible for your selection and use of extensions, and will comply with all applicable laws and obtain all necessary consents from every site visitor and customer whose events you track through the use of such extensions; b. If you provide Shopify with any data collected using extensions, you will obtain all necessary rights and consents prior to providing Shopify with the foregoing information; c. You agree that Shopify may disable any extensions that Shopify identifies as contravening these Terms of Service, in Shopify's sole discretion; and d. You will not, and will not allow any third parties to, use extensions; i. to engage in or promote any unlawful, infringing, defamatory or otherwise harmful activity; or ii. to disable, interfere with or circumvent any aspect of the Services. |
| 289 | 289 | |
| 290 | 2. Shopify may collect information associated with Shopify Checkout Extensibility in accordance with the [Privacy Policy](https://shopify.com/legal/privacy/merchants). | |
| 290 | 2. Shopify may collect information associated with Shopify Checkout Extensibility in accordance with the [Privacy Policy](https://shopify.com/de/legal/privacy/merchants). | |
| 291 | 291 | |
| 292 | 292 | **9.14 Agentic Storefronts** |
| 293 | 293 | |
| 294 | If you use Shopify Agentic Storefronts, your use is subject to the [Agentic Storefronts Supplemental Terms of Service](https://shopify.com/legal/terms-agentic-storefronts). | |
| 294 | If you use Shopify Agentic Storefronts, your use is subject to the [Agentic Storefronts Supplemental Terms of Service](https://shopify.com/de/legal/terms-agentic-storefronts). | |
| 295 | 295 | |
| 296 | 296 | ## 10\. Feedback and Reviews |
| 297 | 297 | |
| 298 | 298 | Shopify welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances will any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, "**Feedback**") to Shopify be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to Shopify (whether submitted directly to Shopify or posted on any Shopify hosted forum or page), you waive any and all rights in the Feedback and that Shopify is free to implement and use the Feedback if desired, as provided by you or as modified by Shopify, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to Shopify must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. Shopify reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback. |
| 299 | 299 | |
| 300 | 300 | ## 11\. Intellectual Property Infringement |
| 302 | 302 | Shopify respects the valid intellectual property rights of others and we expect Merchants to do the same. Posting content that constitutes an infringement of others' legal rights violates our [Acceptable Use Policy](https://www.shopify.com/legal/aup) and the content can be removed and/or your Store may be terminated at our discretion. If you believe content on our platform infringes your intellectual property rights, you can report it [here](https://help.shopify.com/en/legal). You can also learn more about our intellectual property policies [here](https://help.shopify.com/en/manual/compliance/intellectual-property). |
| 303 | 303 | |
| 304 | 304 | ## 12\. Privacy and Data Protection |
| 305 | 305 | |
| 306 | 306 | 1. Shopify is firmly committed to protecting the privacy of your personal information and the personal information of your customers. |
| 307 | 307 | |
| 308 | 2. Shopify's collection, use, disclosure and processing of Your Customer Personal Data (as defined in the Data Processing Addendum) is subject to these Terms, our [Data Processing Addendum](https://shopify.com/legal/dpa), and our [Consumer Privacy Policy](https://shopify.com/legal/privacy/consumers). | |
| 308 | 2. Shopify's collection, use, disclosure and processing of Your Customer Personal Data (as defined in the Data Processing Addendum) is subject to these Terms, our [Data Processing Addendum](https://shopify.com/de/legal/impressum), and our [Consumer Privacy Policy](https://shopify.com/de/legal/privacy/consumers). | |
| 309 | 309 | |
| 310 | 3. Shopify's collection, use, disclosure and processing of your personal information is governed by our [Merchant Privacy Policy](https://shopify.com/legal/privacy/merchants). | |
| 310 | 3. Shopify's collection, use, disclosure and processing of your personal information is governed by our [Merchant Privacy Policy](https://shopify.com/de/legal/privacy/merchants). | |
| 311 | 311 | |
| 312 | 4. Shopify complies with applicable Payment Card Industry Data Security Standards ("**PCI DSS**") in its provision of the Services to you. You can review Shopify's current PCI DSS Attestation of Compliance [here](https://shopify.com/legal/compliance/reports). Where the Services involve Shopify storing, processing or transmitting "Account Data" (as defined under PCI DSS) on your behalf, Shopify acknowledges that it is responsible for securing such Account Data in accordance with the applicable PCI DSS requirements. If you store, process or transmit Account Data, you must also ensure that you are at all times compliant with PCI DSS, and agree to provide Shopify with documentation evidencing your compliance with PCI DSS upon request. You agree not to impair the security of Account Data, including, without limitation, by: a. modifying, bypassing or circumventing the technical limitations of the Services; b. using third-party proxies or other interventions that impair the security of Account Data; or c. using the Services otherwise in violation of these Terms of Service. To the extent that you impair the security of Account Data, Shopify cannot ensure PCI DSS compliance and is not responsible for the security of Account Data. Information on PCI DSS can be found on the PCI Council's [website](https://www.pcisecuritystandards.org/). | |
| 312 | 4. Shopify complies with applicable Payment Card Industry Data Security Standards ("**PCI DSS**") in its provision of the Services to you. You can review Shopify's current PCI DSS Attestation of Compliance [here](https://shopify.com/de/legal/compliance/reports). Where the Services involve Shopify storing, processing or transmitting "Account Data" (as defined under PCI DSS) on your behalf, Shopify acknowledges that it is responsible for securing such Account Data in accordance with the applicable PCI DSS requirements. If you store, process or transmit Account Data, you must also ensure that you are at all times compliant with PCI DSS, and agree to provide Shopify with documentation evidencing your compliance with PCI DSS upon request. You agree not to impair the security of Account Data, including, without limitation, by: a. modifying, bypassing or circumventing the technical limitations of the Services; b. using third-party proxies or other interventions that impair the security of Account Data; or c. using the Services otherwise in violation of these Terms of Service. To the extent that you impair the security of Account Data, Shopify cannot ensure PCI DSS compliance and is not responsible for the security of Account Data. Information on PCI DSS can be found on the PCI Council's [website](https://www.pcisecuritystandards.org/). | |
| 313 | 313 | |
| 314 | 314 | ## 13\. Shopify Contracting Party and Forum |
| 315 | 315 | |
| 316 | 316 | 1. Contracting Party. You are contracting with the Shopify Contracting Party or Parties below, based on the billing address of your Store. |
| 317 | 317 | |
| 318 | 318 | 2. Forum Selection. Any dispute or claim relating to the Services or these Terms of Service can only be brought in the courts listed in the table below. Those courts have exclusive jurisdiction, and each party agrees to that jurisdiction and will not object to it. |
| 330 | 330 | 4. Regulated Payment Services (Canada). The Shopify Contracting Party shall be Shopify Payment Activities Inc., solely with respect to any aspect of the Services that are payment activities regulated under the Canadian Retail Payment Activities Act ("**Regulated Payment Services**"). |
| 331 | 331 | |
| 332 | 332 | ## 14\. Term and Termination |
| 333 | 333 | |
| 334 | 334 | 1. The term of these Terms of Service will begin on the date of your completed registration for use of a Service and continue until terminated by us or by you, as provided below (the "**Term**"). |
| 335 | 335 | |
| 336 | 2. You may cancel your Account and terminate the Terms of Service at any time by contacting [Shopify Support](https://help.shopify.com/en/) and then following the specific instructions indicated to you in Shopify's response. | |
| 336 | 2. You may cancel your Account and terminate the Terms of Service at any time by contacting [Shopify Support](https://help.shopify.com/de/) and then following the specific instructions indicated to you in Shopify's response. | |
| 337 | 337 | |
| 338 | 338 | 3. Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination. |
| 339 | 339 | |
| 340 | 340 | 4. Upon termination of the Services by either party for any reason: |
| 341 | 341 | |
| 342 | 342 | 1. Shopify will cease providing you with the Services and you will no longer be able to access your Account; |
ALSO IN THIS CHANGE, NOT TIED TO ONE LINE
- ± CHANGEDMost other reference links now carry a '/de/' locale prefix
Throughout the document, links to the EU Terms, API Terms, Shop Pay Merchant Terms, Apple Pay Terms, Shopify Tax Terms, Shopify Shipping Terms, POS Equipment Agreement, Consumer/Merchant Privacy Policies, the DPA's Appendix E ('upcoming-dpa'), the PCI DSS compliance report, and the Shopify Support contact page were all changed to add a '/de/' segment, redirecting to German-locale versions of those pages.