Terms of Service

The provider of the Shopify app Frutoli ("the App") is:

Timmgard GmbH

Kurhausstraße 78a

53773 Hennef

Germany

Commercial register: HRB 17527 (Local Court of Siegburg)

VAT ID: DE359202464

Represented by: S. Timm

Email: [email protected]

("the Provider")

(1) These Terms, version 1.0 of 10 November 2026, apply to all contracts for the use of the App between the Provider and the operator of the Shopify shop in which the App is installed ("the Merchant").

(2) The offer is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Consumers within the meaning of § 13 BGB are excluded as contracting parties. By accepting in the App, the Merchant confirms that it acts in the exercise of its commercial or independent professional activity.

(3) Deviating or supplementary terms of the Merchant become binding only if the Provider expressly agrees to them in text form.

(1) The App is a software-as-a-service solution supporting the rental of products and variants via Shopify. Its services include in particular:

•a booking widget in the shop (availability check, selection of the rental period as a daily, hourly or package rental, booking with or without online payment or as a request)

•reservation of rental periods, including a time-limited reservation in the cart

•management of bookings in the Shopify admin (accepting and rejecting requests, cancellation, calendar, conflict detection)

•management of deposits, no-show fees and refunds via Shopify

•a waitlist for fully booked rental items

•team management and automatic assignment of bookings

•sending transactional emails to end customers and team members via an email service provider (see § 7)

•a calendar feed of bookings via a secret link

•triggering Shopify Flow events

•export of all shop data in the App

The scope of functions depends on the plan booked (§ 10).

(2) The App is a technical aid for handling rentals. It makes no statement as to whether a statutory right of withdrawal or cancellation exists in an individual case, which deposit, tenancy or consumer law requirements apply, or how the rental contract is to be classified legally. In particular, the App does not fulfil the obligations under § 356a BGB (withdrawal button) and § 312k BGB (cancellation button).

(3) An active Shopify shop is required. Payment processing and order management run through Shopify; the Provider collects no payment data.

After installation, the App shows the Merchant these Terms and the data processing agreement with links to read them. The contract is concluded when the Merchant accepts both in the App; only then can the App be used. As evidence, the Provider stores the shop domain, the Shopify user ID of the accepting person, the time and the versions. Shopify's separate terms apply to the Shopify platform itself.

(1) The App is a technical tool for the standardised handling of rentals. The Provider renders no legal services within the meaning of § 2(1) of the German Legal Services Act (RDG), in particular no legal review of individual cases.

(2) The provision of the App, its functions and texts, and all information materials of the Provider (including website, blog and support responses) do not constitute legal advice and do not replace it.

(3) The Merchant is solely responsible for the legal compliance of its rental terms, its deposit, cancellation and refund rules, and its consumer information and shop texts.

The Merchant bears final responsibility for the lawful configuration and use of the App and for handling the rental towards end customers. In particular:

•setting the rental terms (periods, prices, deposit, cancellation and refund rules, availability), ensuring their accuracy and communicating them lawfully to end customers

•transparent information on which costs, deposits and cancellation or refund conditions apply

•case-by-case review of statutory consumer rights; for distance rental contracts with consumers a right of withdrawal often exists, and an exclusion under § 312g(2) BGB applies only in certain cases

•the admissibility of deposit retentions and no-show fees towards end customers (in particular § 309 nos. 5 and 6 BGB)

•the tax treatment of deposits, retentions and fees

•monitoring the cancellations and refunds triggered via the App; if the Merchant rejects a paid request, the App cancels or refunds automatically

•informing shop visitors about the browser storage entries used by the booking widget in its own privacy or cookie information

•accuracy and currency of pickup, contact and sender details

•fulfilment of its own data protection obligations (§ 14) and any age verification

•correct configuration of the App with accurate merchant and contact details

•acknowledgement that the App does not fulfil the obligations under § 356a BGB (withdrawal button) and § 312k BGB (cancellation button) and that a separate solution may be required for these

The App is developed and operated by the Provider independently of Shopify. The following applies:

•The Provider - not Shopify - is solely responsible for the App and its support.

•Shopify is not liable for any fault in the App or any harm that may result from its installation or use.

•Except where expressly stated by Shopify, Shopify cannot provide assistance with the installation or use of the App.

•The Provider is solely responsible for any liability that may arise from the Merchant's access to or use of the App, including the development, use, marketing, or distribution of the App, support of the App, and the Provider's access to, use, processing, and storage of merchant data.

(1) The App uses the following services: hosting of the application and database at Render Services Inc. (Frankfurt, Germany) and email delivery via Amazon SES (Amazon Web Services EMEA SARL, Luxembourg; sent from the EU region Stockholm); both are sub-processors under the data processing agreement. The Provider delivers the support chat via Slack (Slack Technologies Limited, Dublin) under its own responsibility. Orders, payment processing and billing run through the Merchant's Shopify platform; the Provider collects no payment data. The details of the processing of personal data by these services are governed by the privacy policy and the data processing agreement (§ 14).

(2) The Provider assumes no liability for the availability, accuracy, transit times or interface changes of these services insofar as they are beyond its control.

(1) The Provider makes the App available with an availability of 99% on a monthly average at the transfer point (the data centre's interface to the internet). This describes the service owed and is not a guarantee within the meaning of § 12(1).

(2) Not included in the calculation are announced maintenance windows totalling no more than eight hours per calendar month, preferably outside normal business hours, and disruptions beyond the Provider's control (in particular Shopify, the services under § 7, the internet, force majeure).

(3) The Merchant's statutory rights in the event of unavailability remain unaffected in accordance with §§ 11 and 12.

For the term of the contract, the Merchant receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the App for the connected Shopify shop. Reproduction, modification or decompilation beyond the cases mandatorily permitted by law is prohibited.

(1) The App is offered in a free plan (FREE) and in paid plans (currently STARTER, PRO and BUSINESS) with different scopes, for example in the number of rental items and bookings or in functions such as deposits, no-show fees, Shopify Flow and the calendar feed. On the FREE plan, the booking widget and the emails show a short reference to the App. The prices and services displayed via Shopify when the plan is selected apply.

(2) Where the Provider makes functions available beyond the plan booked, it does so voluntarily and may restrict them to the scope of the plan booked at any time.

(3) Billing takes place exclusively through Shopify's billing system under its terms; the Provider collects no payment data from the Merchant.

(4) Price changes are announced at least 30 days in advance, implemented through Shopify's billing system in accordance with its procedure and do not apply retroactively; the Merchant may terminate before they take effect.

Statutory warranty law applies with the following proviso: no-fault liability for defects already present at the conclusion of the contract under § 536a(1) BGB is excluded. The Merchant reports defects without delay in text form and cooperates reasonably in analysing errors.

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and where it has given an express guarantee.

(2) For slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the Merchant may regularly rely), liability is limited to the foreseeable, contract-typical damage, but to no more than EUR 10,000 per incident and EUR 20,000 per contract year.

(3) Otherwise, liability for slight negligence is excluded.

(4) Without prejudice to paragraph 1, liability for loss of data in the cases of paragraph 2 is limited to the effort that would have been required to restore the data using the Provider's backups and the App's export functions.

(5) The Provider is not liable for breaches of the Merchant's obligations under § 5.

The Merchant indemnifies the Provider against third-party claims based on content, configurations, rental terms or legal texts for which the Merchant is responsible, or on breaches of § 5, insofar as the Merchant is responsible for the infringement, including reasonable costs of legal defence. The Provider informs the Merchant of such claims without delay.

Details of data processing are set out in the privacy policy at https://tg-ai.de/en/apps/frutoli/privacy-policy. Where the Provider processes personal data on the Merchant's behalf, it does so as a processor under Art. 28 GDPR; the data processing agreement at https://tg-ai.de/en/dpa/frutoli becomes part of the contract upon acceptance in the App (§ 3).

(1) The contract runs for an indefinite period; the Merchant may end it at any time by uninstalling the App.

(2) Periods billed via Shopify are not refunded pro rata unless Shopify provides otherwise.

(3) The Provider may terminate the contract with 30 days' notice in text form.

(4) The right to terminate for cause remains unaffected.

(5) After the contract ends, shop data is deleted in accordance with the privacy policy and the data processing agreement: the access sessions are deleted on uninstallation, the remaining shop data without delay on receipt of the Shopify webhook shop/redact (typically about 48 hours after uninstallation); after that, it remains in database backups for at most 7 days. Before uninstalling, the Merchant can export all data in the App.

The Provider may amend these Terms with effect for the future where legal changes, platform adjustments (Shopify, integrated services) or the further development of the App require this and the Merchant is not unreasonably disadvantaged. The balance between performance and consideration and essential contractual obligations remain unaffected. Changes are announced in text form at least six weeks before they take effect. If the Merchant does not object by the effective date, this is deemed consent; the announcement draws particular attention to this. If the Merchant objects, either party may terminate the contract as of the effective date.

These Terms are provided in German and English. In case of conflict, the German version prevails.

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules of private international law.

(2) The exclusive place of jurisdiction is the Provider's registered office in Hennef if the Merchant is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany; the Provider is also entitled to sue at the Merchant's general place of jurisdiction.

(3) The Merchant may only set off claims that are undisputed or have been finally established by a court; this does not apply to counterclaims arising from the same contractual relationship on account of defects.

(4) Should any provision of these Terms be or become invalid, the remaining provisions remain unaffected.