Terms of Service

The provider of the Shopify app “PackFlow - Returns” (the “App”) is:

Timmgard GmbH

Kurhausstraße 78a

53773 Hennef

Germany

Commercial Register: HRB 17527 (Amtsgericht Siegburg)

VAT ID: DE359202464

Authorised Representative: S. Timm

Email: [email protected]

Contact form: https://tg-ai.de/en/kontakt

(the “Provider”)

These Terms, version 1.0 of 12 August 2026, apply to all contracts on the use of the App between the Provider and the operator of the Shopify store in which the App is installed (the “Merchant”).

The offering is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law. Consumers (§ 13 BGB) are excluded as contracting parties. By installing the App, the Merchant confirms that it is acting in the exercise of its trade, business, or profession.

These Terms apply exclusively. Deviating, conflicting, or supplementary terms of the Merchant become part of the contract only if and to the extent that the Provider has expressly agreed to them in text form. This also applies where the Provider performs without reservation while aware of conflicting terms.

The App is a software-as-a-service solution that supports Shopify merchants in the technical and logistical handling of merchandise returns. The scope of services includes in particular:

• Provision of a self-service returns portal through which the Merchant’s end customers can register return shipments

• Automatic creation of DHL return labels and QR codes via the DHL interface, using the Merchant’s own DHL business customer credentials

• Tracking of returned parcels to document the arrival of the return shipment at the Merchant

• Management of return workflows in the Shopify admin (in particular approval, rejection, status management, and optional exchange handling), including automatic status emails to end customers

• Returns dashboard and returns analytics in the Shopify admin

The App is a technical and logistical tool for handling returns. It makes no statement as to whether a statutory right of withdrawal or right of return exists in the individual case; assessing withdrawal rights, statutory return rights, voluntary (goodwill) returns, and any exclusions is solely the Merchant’s responsibility. In particular, the App does not fulfil the obligation to provide a withdrawal button under § 356a BGB; a separate solution may be required for that purpose. The App does not relieve the Merchant of the Merchant’s own statutory obligations; Sections 4 and 5 remain unaffected.

The App requires an active Shopify store and the Merchant’s own DHL business customer contract, and depends on the availability of the Shopify platform and its interfaces (APIs), the Shopify App Store, and DHL’s interfaces and services. If Shopify or DHL changes the respective platform or interfaces, the Provider will adapt the App within a reasonable period, insofar as this is technically possible and economically reasonable.

The contract is concluded when the Merchant installs the App via the Shopify App Store, at the latest upon first use of the App.

The use of the Shopify platform and the Shopify App Store is additionally governed by Shopify’s own terms; those are not part of this contract and remain unaffected by these Terms.

The App is a technical tool for the standardised handling of merchandise returns. The Provider does not render legal services within the meaning of § 2(1) of the German Legal Services Act (RDG), and in particular performs no legal review of individual cases - for example, as to whether a right of withdrawal or return exists or how return policies should be structured legally.

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

It is the Merchant’s responsibility to obtain qualified advice - in particular from a lawyer - in individual cases and in cases of doubt. The Merchant remains solely responsible for the legal admissibility, accuracy, and completeness of the legal texts and return policies used in the Merchant’s store and for the fulfilment of the statutory obligations incumbent on the Merchant.

No guarantee or assurance is given that the specific implementation in the Merchant’s store is “warning-proof” (abmahnsicher) or legally compliant, as this could only be assessed through a legal review of the individual case. The legal compliance of the Merchant’s store and its protection against cease-and-desist warnings are not an agreed characteristic (Beschaffenheit) of the App and are not the subject of a guarantee within the meaning of Section 12(1).

Final responsibility for the legally compliant configuration and use of the App and for handling returns vis-à-vis end customers rests with the Merchant. The Merchant is in particular responsible for:

• Maintaining a valid DHL business customer contract of its own and providing valid DHL API credentials with the permissions required for label creation. The validity, scope, and costs of the DHL contract are solely the Merchant’s responsibility.

• Defining and ensuring the accuracy of the Merchant’s own return policies (in particular return periods, returnable products, and exclusions) and communicating them to end customers in a legally compliant manner.

• Transparently informing end customers about who bears the cost of the return shipment (merchant or customer). The App generates return labels; the allocation and bearing of costs is configured and answered for by the Merchant.

• Verifying in the individual case whether a statutory right of withdrawal or return exists, whether exceptions apply, or whether a voluntary (goodwill) return is involved, and making the substantive decision on the return, including timely reversal and refund.

• Ensuring the accuracy and currency of the sender, recipient, and address data provided, in particular the Merchant’s return address.

• Fulfilling the Merchant’s own data protection obligations (see Section 14), in particular informing end customers about the data processing in the course of returns handling in the Merchant’s own privacy policy and concluding the Provider’s data processing agreement (https://tg-ai.de/en/dpa/packflow-returns).

• Correctly and completely configuring the App, in particular accurate merchant, sender, and contact details.

• Noting that the App fulfils neither the withdrawal button obligation under § 356a BGB nor the cancellation button obligation under § 312k BGB; those obligations must be implemented separately where applicable.

If the Merchant breaches these obligations, resulting disadvantages (e.g. cease-and-desist warnings, fines, or failed label creation) are not attributable to the Provider.

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.

The App is developed and operated by the Provider independently of DHL Group (Deutsche Post DHL). DHL is not a party to this contract; there is no contract between the Provider and DHL for the benefit of the Merchant. The following applies:

• Transport, label, and tracking services are provided by DHL on the basis of the Merchant’s own DHL business customer contract; those services are governed exclusively by the terms and prices agreed between the Merchant and DHL.

• The Provider is not liable for the availability, accuracy, or transit times of DHL services, for loss of or damage to shipments, for the pricing of DHL services, or for changes to the DHL interfaces. Claims relating to transport or delivery services are governed exclusively by the contractual relationship between the Merchant and DHL. Section 12 remains unaffected with respect to the Provider’s own services.

• If DHL changes its interfaces or services, the Provider will adapt the App within a reasonable period, insofar as this is technically possible and economically reasonable.

The Provider makes the App available with an availability of 99% as a monthly average at the handover point (the data centre’s interface to the internet).

The following do not count as downtime:

• announced maintenance windows, scheduled outside usual business hours where possible,

• disruptions outside the Provider’s sphere of influence, in particular disruptions of the Shopify platform or its interfaces, of DHL’s interfaces and systems, of the internet, or events of force majeure.

The Merchant’s statutory rights in the event of unavailability, including warranty rights, remain unaffected subject to Sections 11 and 12.

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

The App is offered in a free plan (FREE) and several paid plans (currently STARTER, PRO, and ENTERPRISE) with differing scopes of functionality. The plans, prices, and scopes of services displayed in the Shopify App Store or in the booking dialog at the time of booking are decisive.

Billing is handled exclusively via Shopify’s billing system (Shopify Billing) under the terms and billing cycles applicable there. The Provider does not collect any payment data of the Merchant.

Costs for DHL services (in particular charges for return labels and transport) are not part of the App fee. They are billed by DHL directly to the Merchant on the basis of the Merchant’s DHL business customer contract.

Price changes will be announced at least 30 days in advance and do not apply retroactively. The Merchant is free to terminate the contract in accordance with Section 15 before a price change takes effect.

The statutory warranty rules apply, subject to the following:

• The Provider’s no-fault liability for damages for defects of the App already existing at the time of contract conclusion (§ 536a(1) alt. 1 BGB) is excluded.

• The Merchant shall report defects without undue delay in text form and shall support the Provider to a reasonable extent in analysing the fault.

(1) The Provider is liable without limitation in cases of intent and gross negligence, for culpable injury to life, body, or health, under the provisions of the German Product Liability Act (Produkthaftungsgesetz), and within the scope of a guarantee expressly assumed by the Provider.

(2) In the event of a slightly negligent breach of an obligation whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance the Merchant may regularly rely (material contractual obligation), the Provider’s liability is limited in amount to the foreseeable damage typical for this type of contract at the time of contract conclusion.

(3) In the cases of paragraph 2, liability is additionally limited in amount to EUR 10,000 per claim event and to a total of EUR 20,000 for all claim events within one contract year.

(4) In all other respects, the Provider’s liability for slight negligence is excluded.

(5) In the event of loss of data, the Provider is liable, subject to the preceding paragraphs, only for the effort that would have been required to restore the data if proper and regular data backups had been made.

(6) The Provider is not liable for disadvantages resulting from a breach of the Merchant’s obligations under Section 5, in particular from a missing or insufficient DHL business customer contract, invalid DHL credentials, inaccurate return policies or legal texts, incorrect address data, or failure to verify the Merchant’s own legal obligations.

(7) The above provisions do not entail a shift of the burden of proof to the Merchant’s disadvantage.

The Merchant shall indemnify the Provider against all third-party claims asserted against the Provider on account of content, configurations, return policies, or legal texts for which the Merchant is responsible, or on account of a breach of the Merchant’s obligations under Section 5, to the extent that the Merchant is responsible for the underlying infringement. The indemnification includes the necessary costs of legal defence.

The Provider will inform the Merchant without undue delay of any such claim and will - where legally possible - give the Merchant the opportunity to defend against the claim.

Information on the processing of personal data in connection with the App is provided in the privacy policy: https://tg-ai.de/en/apps/packflow-returns/privacy-policy

Where the Provider processes personal data of the Merchant’s end customers, it does so as a processor on the basis of the data processing agreement under Art. 28 GDPR, available at https://tg-ai.de/en/dpa/packflow-returns. The data processing agreement becomes part of the contract upon installation of the App.

The contract runs for an indefinite period. The Merchant may terminate the contract at any time without notice by uninstalling the App; uninstallation constitutes termination. Periods already billed via Shopify Billing are not refunded pro rata unless Shopify provides otherwise.

The Provider may terminate the contract with 30 days’ notice in text form. The right of both parties to extraordinary termination for good cause remains unaffected.

Upon termination of the contract, the store’s data is deleted in accordance with the privacy policy. Deletion is triggered immediately upon uninstallation and is generally completed within 48 hours; technical backups are overwritten within 30 days of the deletion of the primary data at the latest. The Merchant remains obliged to handle returns vis-à-vis its end customers by other means from the time of termination.

The Provider may amend these Terms with effect for the future where this is necessary due to changes in legislation or case law, changes to the Shopify platform or the DHL interfaces, or the further development of the App, and where the Merchant is not unreasonably disadvantaged thereby. The relationship between performance and remuneration as well as the parties’ material obligations remain unaffected by this right of amendment.

Amendments will be announced to the Merchant in text form (e.g. by email or as a notice in the app dashboard) at least six weeks before they take effect. If the Merchant does not object before the amendments take effect, they are deemed approved; the announcement will specifically point out the right to object and this legal consequence. If the Merchant objects, either party may terminate the contract as of the date the amendment takes effect.

These Terms are provided in German and English. In the event of any deviations, ambiguities, or differences in interpretation between the language versions, only the German version is authoritative and legally binding.

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

If the Merchant is a merchant within the meaning of the German Commercial Code (Kaufmann), a legal entity under public law, or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is the Provider’s registered office. The Provider is also entitled to sue the Merchant at the Merchant’s general place of jurisdiction.

The Merchant may set off claims against the Provider only with undisputed claims or claims established by final judgment.

Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.