Terms of Service

These Terms of Service (“Terms”) govern the use of the Sectionheroes application (the “App”) and related services provided by:

Sectionheroes Martins Alves, Julian & Lücking, Joel GbR
Höltkebruchstr. 81
32602 Vlotho, Germany
Represented by: Joel Lücking and Julian Martins-Alves
Contact: support@sectionheroes.com

By installing or using the App, you (“Merchant”, “you”) agree to these Terms, including the Data Processing Annex at the end of this document.

1. Scope; business customers only

1.1 The App is offered exclusively to businesses (Unternehmer within the meaning of § 14 BGB) operating a store on the Shopify platform. The App is not offered to consumers.

1.2 These Terms apply exclusively. Deviating terms of the Merchant do not apply unless we have expressly agreed to them in text form.

2. The App; relationship to Shopify

2.1 The App provides design and conversion optimization features for Shopify stores, in particular custom sections and blocks, bundles, upsells, built-in analytics, and AI-assisted analysis and content suggestions provided through the AI Hub (the “Services”). The current feature set is described at sectionheroes.com and in the Shopify App Store listing.

2.1a The AI Hub is executed only upon the Merchant’s request. When invoked, product data from the Merchant’s store is transmitted to our AI sub-processor for processing and the result is returned to the Merchant. No End Customer data is transmitted as part of this feature. Details on the sub-processor engaged are set out in Section A.6 of the Data Processing Annex and in the Privacy Policy.

2.2 The App is distributed through the Shopify App Store and operates on the Shopify platform. Your contract for the App is with Sectionheroes GbR, not with Shopify. Sectionheroes is solely responsible for the App and its Services. Shopify Inc. and its affiliates are not a party to these Terms and are not liable for any fault in the App.

2.3 Your use of the Shopify platform itself remains governed by your agreement with Shopify. We are not responsible for the availability or functioning of the Shopify platform, Shopify APIs, or your store’s theme.

3. Account and installation

3.1 You install the App through the Shopify App Store using your Shopify account. During installation you grant the App the API permissions listed on the consent screen; these are required for the Services to function.

3.2 You are responsible for ensuring that persons using the App on your behalf are authorized to do so.

4. Fees, billing, and trials

4.1 The App is offered on the subscription plans and at the prices shown in the Shopify App Store listing and/or in the App at the time of subscribing. All prices are exclusive of VAT where applicable.

4.2 Billing is handled through Shopify’s billing system; we use Mantle (Heymantle Inc.) to manage subscriptions on top of it. You expressly authorize Shopify to collect subscription fees on our behalf; charges appear on your Shopify invoice. The payment terms of your Shopify agreement apply to the collection process.

4.3 Where a plan includes a free trial, the trial period is stated at subscription. Unless you cancel (by downgrading or uninstalling the App) before the trial ends, the paid subscription begins automatically at the end of the trial. A free trial is granted once per store.

4.4 Subscription fees are charged in advance for each billing period. Refunds and credits are issued by Sectionheroes (not Shopify) and are granted at our reasonable discretion; statutory rights remain unaffected. Refund requests can be sent to support@sectionheroes.com.

4.5 We may change our prices. Price changes for existing subscriptions will be announced at least 30 days in advance and take effect at the start of the next billing period after the notice period. If you do not agree to a price increase, you may terminate the subscription with effect from the date the change takes effect.

5. Merchant obligations

5.1 You will use the App only in compliance with applicable law and with your agreements with Shopify. In particular, you are responsible for:

• the legality of the offers, prices, discounts, and marketing claims you configure through the App, including price indication rules such as the German PAngV where applicable to your store,
• providing legally required information to your own customers, including your own privacy policy and, where required, a consent management solution for your storefront,
• the data protection compliance of the End Customer data collected through the App on your behalf,
• reviewing any AI-generated output before publishing it, and ensuring you hold the necessary rights to the product data you submit to the AI Hub.

5.2 You will not misuse the App, attempt to circumvent plan limits or trial restrictions, reverse engineer the App except as permitted by mandatory law, or use it to infringe third-party rights.

6. Data protection

6.1 We process personal data as described in our Privacy Policy.

6.2 To the extent we process personal data of your customers on your behalf, the Data Processing Annex below (Art. 28 GDPR) forms an integral part of these Terms.

7. Intellectual property

7.1 We grant you a non-exclusive, non-transferable right to use the App for your own store(s) for the duration of your subscription.

7.2 All rights in the App, its code, design, and documentation remain with Sectionheroes. Feedback you provide may be used by us to improve the Services without obligation.

7.3 You retain all rights to your store data. You grant us the rights needed to operate the Services, in particular to display your product data within the sections provided and to process usage data for the analytics feature.

8. Availability; changes to the Services

8.1 We aim for high availability of the Services but do not warrant uninterrupted availability. Maintenance windows, Shopify platform outages, and disruptions outside our control may temporarily limit the Services.

8.2 We may modify, extend, or discontinue individual features, provided the core functionality of the plan you subscribed to is preserved or a reasonable substitute is offered. We will give reasonable advance notice of material reductions.

9. Warranty and liability

9.1 We are liable without limitation for damages caused by intent or gross negligence, for injury to life, body, or health, under the German Product Liability Act, and to the extent of a guarantee we have expressly assumed.

9.2 For slight negligence, we are liable only for breaches of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Merchant regularly relies), and in such cases liability is limited to the foreseeable damage typical for this type of contract.

9.3 In all other respects, our liability is excluded. The above limitations also apply in favor of our legal representatives and agents.

9.4 The App provides tools and suggestions, including recommendations, analyses, and content generated by the AI Hub. Such output is generated automatically, may be incomplete or factually incorrect, and does not constitute legal, tax, or business advice. We do not warrant the accuracy, completeness, or fitness for a particular purpose of AI-generated output. You are responsible for reviewing the output before use, in particular before publishing it in your storefront, and for ensuring that it complies with applicable law, including advertising and price indication rules. Decisions you make based on the App’s output are your own responsibility.

10. Term and termination

10.1 The subscription runs for the billing period selected and renews automatically until terminated.

10.2 You can terminate at any time by uninstalling the App or downgrading in the App; termination takes effect at the end of the current billing period. Fees already paid for the current period are not refunded except as set out in Section 4.4 or required by law.

10.3 We may terminate for good cause, in particular in the event of material breach of these Terms, misuse of the Services, or non-payment.

10.4 Upon termination, your data is handled as described in the Privacy Policy and the Data Processing Annex. Upon your request, to be made within 30 days of termination, we will provide the data collected through the analytics feature in a common, machine-readable format.

11. Changes to these Terms

We may amend these Terms with effect for the future where necessary for legal, technical, or product reasons. We will notify you of material changes at least 30 days before they take effect (in the App or by email). If you do not object before the effective date, and we have pointed out the consequences of not objecting in the notice, the amended Terms are deemed accepted. If you object, either party may terminate as per Section 10.

12. Final provisions

12.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 Exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the court competent for our registered seat, provided the Merchant is a merchant (Kaufmann), a legal entity under public law, or has no general place of jurisdiction in Germany.

12.3 Should individual provisions of these Terms be invalid, the validity of the remaining provisions remains unaffected.

Contact: support@sectionheroes.com

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Data Processing Annex

This Data Processing Annex (“Annex”) forms part of the Terms of Service between Sectionheroes GbR (“Processor”, “Sectionheroes”) and the Merchant (“Controller”) and governs the processing of personal data by Sectionheroes on behalf of the Merchant pursuant to Art. 28 GDPR. It is accepted by installing or continuing to use the App.

A.1 Subject matter, duration, nature and purpose

Subject matter: provision of those App features that involve personal data of the Merchant’s store visitors and customers (“End Customers”), in particular the built-in analytics feature and the rendering of personalized elements within sections, bundles, and upsells.

Duration: the term of the Terms of Service. This Annex ends when the App is uninstalled and the data has been deleted in accordance with Section A.8.

Nature and purpose: collection, storage, and transmission of End Customer data strictly as needed to render the features, measure their performance, and provide aggregated reporting to the Merchant.

Scope of the AI Hub: the AI Hub processes product and store configuration data submitted by the Merchant on request. It does not process End Customer data. Where product data submitted by the Merchant contains personal data in an individual case, the provisions of this Annex apply to that processing accordingly.

A.2 Categories of data and data subjects

Data subjects: visitors and customers of the Merchant’s online store.

Categories of personal data:

• pseudonymous usage data (random session identifier where applicable, interaction events, store domain, timestamps, technical device and browser information);
• cart and order references where required for the feature (order number, items included, order value);
• where the Merchant connects Klaviyo for the customer-timeline feature: the End Customer’s email address and the subject/name of the campaigns or flows they received.

No special categories of data (Art. 9 GDPR) are intentionally processed.

A.3 Instructions

Sectionheroes processes End Customer data only on documented instructions from the Merchant. The Terms of Service, this Annex, and the Merchant’s configuration of the App constitute the Merchant’s instructions. Sectionheroes will inform the Merchant if, in its opinion, an instruction infringes the GDPR or other applicable data protection law.

A.4 Confidentiality

Sectionheroes ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.

A.5 Security (Art. 32 GDPR)

Sectionheroes implements appropriate technical and organizational measures. These are described in a separate TOM annex, made available in its current version upon request. They include in particular: encryption of data in transit and at rest; access controls and authentication for production systems, with access limited to authorized personnel; separation of production and development environments; logging and monitoring of production systems; and regular review of the measures.

A.6 Sub-processors

The Merchant grants general authorization for the engagement of the sub-processors listed in the Privacy Policy. Sectionheroes will inform Merchants of intended additions or replacements of sub-processors (in the App or by email), giving the Merchant the opportunity to object on reasonable data protection grounds. If an objection cannot be resolved, the Merchant may terminate by uninstalling the App. Sectionheroes imposes data protection obligations on sub-processors that are substantially equivalent to those in this Annex.

AI sub-processor: for the AI Hub feature, Sectionheroes engages Anthropic PBC (United States) as a sub-processor. Data submitted through this feature is transmitted to Anthropic solely for the purpose of generating the requested analysis or content suggestion and is not used by Anthropic to train its models. The transfer is safeguarded in accordance with Section A.7.

A.7 International transfers

Where processing involves transfers to countries outside the EU/EEA without an adequacy decision, Sectionheroes ensures appropriate safeguards pursuant to Art. 44 ff. GDPR, in particular the EU Standard Contractual Clauses and, where applicable, the EU–US Data Privacy Framework.

A.8 Deletion and return

Upon uninstallation of the App or termination of the Terms, Sectionheroes deletes the End Customer data processed on the Merchant’s behalf (order analytics and, where applicable, customer-timeline data), unless statutory retention obligations require otherwise. Sectionheroes honors Shopify’s GDPR compliance webhooks:

• upon a shop/redact request, the store’s End Customer data is deleted;
• upon a customers/redact request, the personal data held about the identified End Customer (in particular customer-timeline data) is deleted;
• upon a customers/data_request, Sectionheroes compiles the data it holds about the requesting End Customer and provides it to the Merchant so that the Merchant can respond to the request.

Aggregated bundle and upsell analytics is stored pseudonymously and cannot be linked to an individual End Customer; it is deleted at store level on uninstallation or shop/redact.

A.9 Assistance

Taking into account the nature of the processing, Sectionheroes assists the Merchant with appropriate technical and organizational measures in fulfilling data subject rights (Art. 12–23 GDPR) and in complying with Art. 32–36 GDPR (security, breach notification, data protection impact assessments), insofar as the Merchant cannot do so via the App itself.

A.10 Personal data breaches

Sectionheroes notifies the Merchant without undue delay after becoming aware of a personal data breach affecting End Customer data processed under this Annex, providing the information required by Art. 33(3) GDPR as it becomes available.

A.11 Audits

Sectionheroes makes available the information necessary to demonstrate compliance with Art. 28 GDPR and allows for and contributes to audits, including inspections, conducted by the Merchant or an auditor mandated by the Merchant, at reasonable intervals, upon reasonable notice, and at the Merchant’s expense. Sectionheroes may satisfy audit requests by providing current certifications, audit reports, or written self-assessments where appropriate.

A.12 Liability

The liability provisions in Section 9 of the Terms of Service apply to this Annex accordingly, unless Art. 82 GDPR mandatorily provides otherwise.

A.13 Miscellaneous

In case of conflict between this Annex and the remainder of the Terms of Service, this Annex prevails with respect to data protection. German law applies; Sections 11 and 12 of the Terms of Service apply accordingly.

Contact for data protection matters: support@sectionheroes.com