Terms and Conditions
Section 1 Provider and Scope of Application
These Terms and Conditions (hereinafter "T&Cs") govern the use of the software-as-a-service offering "Dovail" (hereinafter "Service"). The Service is operated by:
slideNbite UG (haftungsbeschränkt)
Registered office: Hamburg, Germany
Commercial Register: Amtsgericht Hamburg (Hamburg Local Court), HRB 195340
Managing Director: Marten Henke
Email: support.dovail@slidenbite.com
Website: www.dovail.slidenbite.com
(hereinafter "Provider")
These T&Cs apply exclusively to commercial entities within the meaning of Section 14 of the German Civil Code (BGB) that use the Service in the course of their commercial activity as store operators on the Shopify platform (hereinafter "Customer"). The Service is expressly not directed at consumers within the meaning of Section 13 BGB.
Any terms and conditions of the Customer that deviate from, conflict with, or supplement these T&Cs shall not become part of the contract unless the Provider expressly agrees to their application in writing.
Section 2 Description of Services
2.1 Core Function
Dovail is a cloud-based service that enables store operators to notify End Customers automatically or manually by email as soon as a previously unavailable product or product variant is back in stock in their Shopify store (hereinafter "Restock Notification").
2.2 Scope of Services
The Service includes in particular:
- Management of waitlists (End Customer sign-ups for Restock Notifications)
- Automatic or manual dispatch of Restock Notifications by email via the service provider Postmark (AC PM LLC, an ActiveCampaign company)
- Configurable email templates with personalized placeholders
- Dashboard with analytics and usage statistics for the Service
- Configuration options for dispatch rules, minimum stock thresholds, and GDPR-compliant opt-in text
- Integration into Shopify via a Shopify App (embedded app)
2.3 Technical Requirements
Use of the Service requires an active Shopify store and a supported web browser. The Provider is not responsible for the functionality of the Shopify system or the Shopify platform itself.
2.4 Changes to the Service
The Provider reserves the right to expand, adapt, or limit the functional scope of the Service at any time, provided this is reasonable for the Customer and the essential purpose of the contract — the dispatch of Restock Notifications — is not permanently impaired. The Customer will be notified of material changes by email at least 14 days in advance.
The Provider shall not be liable for damages incurred by the Customer as a result of modifications, temporary suspension, or discontinuation of individual functions of the Service, unless such damages are due to intent or gross negligence on the part of the Provider. This applies in particular to adjustments required due to requirements of the Shopify platform, statutory provisions, or technical necessity.
2.5 Availability and Maintenance
The Provider strives for high availability of the Service but does not warrant any specific minimum availability. Temporary impairments or interruptions in the accessibility of the Service resulting from planned or unavoidable maintenance work, updates, security measures, or circumstances outside the Provider's control do not constitute a defect of the Service. The Provider will carry out scheduled maintenance outside normal business hours where possible and will give the Customer advance notice of any foreseeable, non-trivial interruptions.
Section 3 Conclusion of Contract
The contract is concluded upon installation of the Dovail app via the Shopify App Store and the Customer's express acceptance of these T&Cs. By installing the app and accepting these T&Cs, the Customer submits a binding offer to enter into a usage agreement on the terms of these T&Cs.
Only one contractual relationship may exist per Shopify store. Any transfer of the right of use to third parties — in particular to other Shopify stores or companies — requires the Provider's prior written consent.
The Customer warrants that the information provided during installation is complete and accurate. Any changes to relevant information must be communicated to the Provider without delay.
Section 4 Fees and Payment
4.1 Pricing Model
The Service is provided against a fixed monthly subscription fee in accordance with the pricing plan selected by the Customer. The fee is payable monthly in advance. The currently applicable plans and rates can be viewed on the Dovail app's listing page in the Shopify App Store and as part of the installation and approval process (Shopify Billing API), and become part of the contract. The Customer may switch between the available pricing plans at any time independently, without contacting support.
Each pricing plan includes a monthly contingent of notification emails that may be sent via the Service. The size of the contingent is set out in the description of the respective plan. The contingent relates to a billing period and is not carried over into the following billing period.
Once the contingent for a billing period has been used up, no further notification emails are sent until the beginning of the next billing period or until the Customer switches to a pricing plan with a larger contingent. No fees beyond the monthly subscription fee are incurred as a result. The Customer can view the consumption of the contingent at any time in the Service dashboard and is responsible for monitoring it.
4.2 Billing and Payment Processing
Billing and payment processing take place exclusively via the Shopify Billing API. By installing the app and accepting these T&Cs, the Customer authorizes Shopify to charge the amounts due under the selected pricing plan via the Shopify Billing API. Shopify forwards the payments to the Provider. Shopify's own terms of service (available at www.shopify.com/legal/terms) additionally apply to the technical processing of payments.
Invoices are provided to the Customer in electronic form via the Shopify dashboard. The Provider does not issue separate paper invoices unless legally required to do so.
4.3 Price Changes
The Provider is entitled to change its prices with at least 30 days' notice, provided the change is reasonable for the Customer. The change will be communicated to the Customer by email to the email address stored in the Shopify account. If the Customer does not object to a reasonable price change within 30 days of receiving the notice, the Customer's consent is deemed to have been given. The Customer will be expressly informed of this right and the consequences of not objecting in the change notice. The previous price remains in effect until the new prices take effect; any payment claims of the Provider that arose before the change takes effect remain unaffected by the price change. In the event of a timely objection, the Provider is entitled to terminate the contract effective as of the date the price change would have taken effect.
4.4 Default in Payment
In the event of default in payment, the Provider is entitled to temporarily suspend access to the Service, following a reminder and a grace period of 7 days, until the outstanding amount has been paid in full. The contract term continues to run during any suspension. Statutory default interest and the right to terminate for cause remain unaffected.
4.5 Refunds
Subscription fees paid in advance are generally non-refundable. Exceptions apply where the Provider, for reasons within its responsibility, has materially impaired or made completely unavailable the Service for a continuous period. In such cases, the pro-rata subscription fee for the affected period will be credited on the next invoice. In addition, the Provider may, at its reasonable discretion, make goodwill arrangements on a case-by-case basis, in particular in the case of proven technical faults on the Provider's part.
Section 5 Contract Term and Termination
The contract is concluded for an indefinite period. Either party may terminate the contract at any time, without stating reasons, effective at the end of the then-current billing period under Shopify Billing. The Customer may terminate by uninstalling the app via the Shopify App Store or by a statement in text form (Section 126b BGB), in particular by email to support.dovail@slidenbite.com.
The right to terminate for good cause remains unaffected. Good cause exists for the Provider in particular where:
- the Customer is in default of payment of amounts due despite having received a reminder;
- the Customer breaches material obligations under these T&Cs or applicable law;
- the Customer misuses the Service, uses it for unlawful purposes, or uses it to send unsolicited bulk email (spam);
- insolvency proceedings are applied for or opened over the Customer's assets.
Following termination of the contract, all data stored by the Customer, in particular waitlists and configurations, will be deleted in accordance with the data retention periods set out in the Provider's privacy policy (available at www.dovail.slidenbite.com/legal/privacy), unless a statutory retention obligation applies. In particular: processed or withdrawn waitlist entries and personal data no longer connected to an active entry are deleted automatically after 90 days; deletion of App data is initiated immediately upon receipt of Shopify's app/uninstalled webhook; and valid shop/redact and customers/redact requests transmitted by Shopify are processed without undue delay and within the period required by Shopify and applicable law. The Provider processes these webhooks in accordance with statutory and platform requirements. The Customer is solely responsible for exporting any data it requires prior to termination of the contract.
Section 6 Obligations and Responsibility of the Customer
6.1 Data Protection Responsibility
In relation to its End Customers, the Customer is the data controller within the meaning of Art. 4(7) GDPR. It is solely responsible for ensuring that:
- a valid, documented consent (opt-in) from each End Customer to receive Restock Notifications is obtained before the End Customer's email address is added to the waitlist;
- the opt-in text configured within the Service complies with the requirements of the GDPR and the German Act Against Unfair Competition (UWG);
- End Customers are able to remove themselves from the waitlist (opt-out) at any time and without giving reasons;
- End Customers are informed fully and accurately, in the store's privacy policy, about the processing of their data by the Provider as a data processor.
6.2 Data Processing Agreement (DPA)
Because the Provider processes personal data of End Customers on behalf of the Customer, a Data Processing Agreement (DPA) between the Customer and the Provider is required pursuant to Art. 28 GDPR. The DPA, in its version available at www.dovail.slidenbite.com/legal/dpa from time to time, automatically becomes part of the contractual relationship upon the Customer's acceptance of these T&Cs, without any further action being required; no separate execution by the Customer is necessary.
6.3 General Obligations of Use
The Customer undertakes to:
- use the Service exclusively for its intended purpose — sending Restock Notifications for its Shopify store;
- not send unsolicited advertising, spam, or other unlawful content via the Service;
- keep dashboard access credentials secure and prevent unauthorized access by third parties;
- notify the Provider without delay if there is any suspicion that access credentials have been compromised;
- not use any automated requests or scripts that could impair the operation of the Service or the Shopify platform;
- comply with all applicable laws, in particular the UWG, the GDPR, and Shopify's terms of service.
6.4 Indemnification
The Customer shall indemnify and hold harmless the Provider and its employees, agents, and successors from and against all third-party claims, actions, demands, damages, losses, and costs (including reasonable attorneys' fees) arising out of or in connection with: (a) the Customer's use of the Service in breach of contract or in violation of law; (b) transactions arising from the Customer's breach of contract; (c) the Customer's breach of these T&Cs or applicable law; or (d) content or data submitted by the Customer that infringes the rights of third parties.
6.5 Customer Data and Rights of Use
The Customer may input or transmit non-personal content and materials into the Service, in particular email templates, opt-in texts, and product configurations (hereinafter "Customer Data"). This term expressly does not include personal data within the meaning of Art. 4(1) GDPR, in particular End Customers' email addresses; such data is governed exclusively by the Data Processing Agreement (DPA) under Art. 28 GDPR referred to in Section 6.2.
The Customer retains all rights to its Customer Data. The Customer hereby grants the Provider a non-exclusive, royalty-free license, limited to the territory of the EU, to use, process, and store the Customer Data solely to the extent necessary to provide and technically operate the Service and to fulfil its contractual obligations. Any use for the purpose of improving the Service will only take place in anonymized or aggregated form.
The Customer represents and warrants that it holds all rights, licenses, and consents necessary to provide the Customer Data and to grant the foregoing license, and that the Customer Data does not infringe any third-party rights or applicable law.
The Provider reserves the right, but is under no obligation, to remove Customer Data that, in its judgment, violates these T&Cs or applicable law.
Section 7 Data Protection and Data Processing
The Provider processes personal data of the Customer's End Customers exclusively as a data processor pursuant to Art. 28 GDPR, and only on the Customer's documented instructions, as set out in the DPA (available at www.dovail.slidenbite.com/legal/dpa), which automatically becomes part of this contract pursuant to Section 6.2.
The Provider's database infrastructure is provided via Supabase (Supabase, Inc., USA). Data is stored on servers located within the European Union. Email dispatch is handled via Postmark (AC PM LLC, an ActiveCampaign company, USA). Standard Contractual Clauses (SCCs) adopted by the European Commission are used for all data transfers to the USA — both via Supabase and via Postmark. Further information on data processing can be found in the Provider's privacy policy at www.dovail.slidenbite.com/legal/privacy.
In addition, the Provider uses the Shopify Storefront API to determine delivery availability for a requested destination and quantity, which involves submitting the relevant End Customer data to Shopify for this specific purpose.
The Provider has implemented appropriate technical and organizational measures (TOMs) to protect the data processed, in particular encryption of data transmission (TLS/HTTPS) and access restrictions.
In the event of a personal data breach affecting the Customer or its End Customers, the Provider will notify the Customer without undue delay, and no later than 24 hours after becoming aware of the breach, so that the Customer can comply with its own notification obligations under Art. 33 GDPR. The Provider will additionally take immediate steps to contain and remedy the breach, investigate the incident, mitigate anticipated further harm and keep the Customer informed of the progress of its investigation. Further detail is set out in Section 5.7 of the DPA.
The Customer acknowledges that the Provider is separately obliged under Shopify's API Terms of Service to notify Shopify of any actual or suspected breach or compromise of Merchant Data no later than 24 hours after becoming aware of it. This notification is made in addition to, and does not replace, the notification to the Customer.
Section 8 Liability
8.1 Unlimited Liability
The Provider is liable without limitation for damages resulting from injury to life, body, or health. The Provider is likewise liable without limitation for damages caused by intent or gross negligence on the part of the Provider, its legal representatives, or vicarious agents, as well as in the event of fraudulent concealment of a defect or the assumption of a guarantee.
8.2 Limitation of Liability for Ordinary Negligence
In the case of ordinary negligence, the Provider is liable only for breach of a material contractual obligation (cardinal obligation) — that is, an obligation the fulfilment of which is essential to the proper performance of the contract and on whose observance the Customer may regularly rely. In such cases, liability is limited in amount to the fee actually paid by the Customer in the month in which the damage occurred, subject to a maximum of EUR 500.00 per event giving rise to liability.
8.3 Exclusion of Further Liability
Any further liability of the Provider is excluded. In particular, the Provider is not liable for:
- the non-delivery or delayed delivery of emails due to factors outside its control, in particular spam filters, full or non-existent mailboxes, incorrect email addresses, or restrictions imposed by the recipient's mail server;
- damages caused by a breach of the Customer's obligations set out in Section 6;
- loss of profit, indirect damages, or consequential damages, unless caused by intent or gross negligence;
- outages or malfunctions of the Shopify platform, Supabase, Postmark, or other third-party infrastructure;
- damages caused by force majeure, cyberattacks on third-party providers, or other unforeseeable events outside the Provider's control.
8.4 Contributory Negligence
To the extent that the Customer's contributory negligence contributed to the damage, liability shall be determined in accordance with the statutory provisions on contributory negligence (Section 254 BGB).
Section 9 Intellectual Property and Rights of Use
All rights to the Service, in particular the copyright in the software, algorithms, design, content, and documentation, belong exclusively to the Provider. The Service is not sold to the Customer but is merely made available for use.
For the duration of the contractual relationship, the Customer is granted a non-exclusive, non-transferable, non-sublicensable right, revocable at any time, to use the Service solely for the purposes agreed under the contract. All rights not expressly granted are reserved to the Provider. No implied licenses are granted.
The rights granted to the Customer are subject to the following restrictions. In particular, the Customer may not:
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service or content provided through the Service, in whole or in part;
- decompile, disassemble, or reverse-engineer the Service or any part of it;
- use the Service to develop or operate a competing product or service, or access the Service for that purpose;
- copy, reproduce, share, publish, or distribute the Service without the Provider's prior written permission;
- gain or attempt to gain unauthorized access to the source code of the Service, except to the extent expressly permitted by law.
Content entered by the Customer into the Service (in particular email templates and opt-in texts) remains the property of the Customer, subject to the rights of use granted under Section 6.5.
Section 10 Confidentiality
Both parties undertake to permanently keep confidential any confidential information of the other party that becomes known to them in the course of the contractual relationship, not to disclose it to third parties, and to use it only to fulfil their contractual obligations.
Confidential information includes, in particular, trade secrets, technical information about the Service, Customer Data, pricing terms, and internal business processes. Excluded is information that is or becomes publicly known through no fault of either party, and information that a party is legally required to disclose.
The confidentiality obligation survives termination of the contractual relationship for a period of three years.
Section 11 Amendments to these T&Cs
The Provider reserves the right to amend these T&Cs. Material amendments will be communicated to the Customer at least 30 days before they take effect, by email to the address stored in the Shopify account, and will be published at www.dovail.slidenbite.com.
The Customer has the right to object, in text form, to the amended T&Cs before they take effect. If the Customer does not object before the amendments take effect, the amended T&Cs are deemed accepted. The Customer will be expressly, clearly, and plainly informed of this right to object, the objection period, and the consequences of not objecting in the amendment notice.
In the event of a timely objection by the Customer, the Provider is entitled to terminate the contract on ordinary notice, effective as of the date the amended T&Cs take effect. The Customer's right of ordinary termination remains unaffected.
Section 12 Electronic Communication
The Provider and the Customer communicate electronically within the scope of this contractual relationship, whether through use of the Service, by email, or through notices published in the dashboard. The Customer agrees to receive communications from the Provider in electronic form. Electronic communications satisfy the requirements of text form under Section 126b BGB and are deemed equivalent to written form for the purposes of this agreement, except where a handwritten signature is mandatorily required by law (see also Section 13.4).
All communications from the Provider — including contract confirmations, amendments to these T&Cs, price changes, reminders, and terminations — are sent to the email address stored in the Customer's Shopify account. A communication is deemed received by the Customer as soon as it is available for retrieval on the server designated for receiving the Customer's emails, unless the Provider has become aware of permanent non-deliverability.
The Customer is responsible for ensuring that the email address stored in its Shopify account is kept current and accessible, and for maintaining the technical requirements for receiving electronic communications. Damages arising from an outdated, incorrect, or inaccessible email address shall be borne by the Customer.
Section 13 Final Provisions
13.1 Governing Law
These T&Cs are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
13.2 Venue
The exclusive venue for all disputes arising out of or in connection with this contract is Hamburg. As these T&Cs apply exclusively to commercial entities within the meaning of Section 14 BGB, Section 29c of the German Code of Civil Procedure (ZPO) does not apply.
13.3 Severability
Should any individual provision of these T&Cs be or become invalid or unenforceable, in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the applicable statutory provisions. The same applies to any gaps in these T&Cs.
13.4 Written Form
Amendments and supplements to these T&Cs, as well as to any agreements made in connection with the contract, require text form (email is sufficient). This also applies to any waiver of this clause itself.
13.5 No Assignment
The Customer is not entitled to assign or transfer any rights or obligations under this contract to third parties without the Provider's prior written consent. The Provider is entitled to transfer its rights and obligations under this contract to a legal successor, provided this is reasonable for the Customer.
13.6 Entire Agreement
These T&Cs, together with the Data Processing Agreement (DPA) available at www.dovail.slidenbite.com/legal/dpa, constitute the entire agreement between the parties regarding the Service and supersede all prior oral or written agreements on the same subject matter.