Terms of Service

SPHEN.AI is offered to Shopify merchants by NICCOS GmbH, Ida-Frank-Straße 4, 79206 Breisach am Rhein, Germany ("Provider"). getSichtbar GmbH supplies and operates material technical, SEO, GEO, AI, database, and support components for the Provider.

These Terms apply to installation, access, and use of the SPHEN.AI Shopify application and related services ("Service"). Conflicting customer terms do not apply unless accepted by the Provider in writing.

The Service is intended only for businesses, entrepreneurs, and persons acting in a professional capacity. By installing or using the Service, you confirm that you are authorized to bind the Shopify merchant and to grant the requested permissions.

The contract is formed when an authorized merchant installs the app, accepts the permissions and these Terms, and, for a paid plan, confirms the applicable charge or plan through Shopify. The plan, price, billing interval, included usage, and any trial shown in Shopify at checkout are part of the contract.

Shopify's own terms govern the Shopify platform, Shopify Admin, and Shopify's billing infrastructure. You must maintain an eligible Shopify store and account.

Depending on the current plan and enabled features, SPHEN.AI may sync Shopify catalog and content data; audit SEO, GEO, structured data, and storefront signals; generate AI-assisted drafts; support review, approval, publishing, and revert workflows; and measure search and AI-shopping visibility.

Features may be introduced, changed, suspended, or removed where reasonably necessary for security, legal compliance, Shopify platform changes, product improvement, or technical operation. Material reductions to a paid core feature will be communicated where reasonably practicable.

The app requests Shopify permissions required for its current functions. These may include access to products, variants, collections, pages, articles, files, themes, navigation, analytics events, and, where separately approved and enabled, order-derived data.

SPHEN.AI can write supported changes to Shopify. In manual mode, you are responsible for reviewing and approving a change before applying it. If you enable an automation or autopilot mode, you authorize the Service to apply changes that satisfy the rules and limits you selected without an additional per-change click. You can disable automation or uninstall the app at any time.

Available audit trails and revert functions reduce operational risk but do not replace your own backups, change controls, or review. Some changes, third-party effects, or later manual edits may not be fully reversible.

• provide accurate information and keep authorized access secure;
• ensure you have rights to all store content and data processed;
• review AI output for accuracy, legality, brand fit, and regulatory compliance;
• maintain required notices, consents, product claims, and customer-facing disclosures;
• use the Service lawfully and not attempt to bypass limits or security controls;
• promptly report unintended changes or suspected security incidents.

AI-generated drafts and analyses may be incomplete, inaccurate, outdated, non-unique, or unsuitable for a particular product, market, or legal requirement. They are decision support, not legal, tax, medical, safety, or other professional advice.

You remain responsible for content you approve, publish, or allow an enabled automation to publish. The Provider does not guarantee rankings, indexing, citations, recommendations, traffic, conversion, revenue, or acceptance by any search or AI system.

Fees are those displayed and accepted through Shopify. Unless checkout states otherwise, recurring plans renew for the stated billing period until cancelled. Taxes may apply. Shopify processes charges, invoices, plan changes, and cancellations.

Usage limits reset as described in the selected plan. Unused allowances do not carry over unless expressly stated. A failed feature run does not automatically create a monetary refund or usage credit; contact support so the circumstances can be reviewed.

Except where mandatory law or Shopify's applicable billing rules require otherwise, paid fees are non-refundable. Any voluntary refund or credit is discretionary and does not establish a future entitlement.

The contract continues until cancelled. You may cancel a paid plan or uninstall the app through Shopify Admin. Cancellation takes effect according to the billing information shown by Shopify; uninstalling does not itself create a refund.

The Provider may suspend or terminate access for material breach, non-payment, security risk, unlawful use, platform restrictions, or where continued operation is no longer reasonably possible. Where appropriate, the Provider will give notice and an opportunity to remedy the breach.

Personal-data processing is described in the Privacy Policy. Where the Provider or its technical service providers process personal data on the merchant's documented instructions, the parties will enter into a data processing agreement where required by applicable law.

Uninstalling deactivates app access and removes the stored access token. Shopify-derived data is deleted or anonymized when the required shop/redact or other valid Shopify compliance request is processed, subject to legal obligations, Shopify requirements, and the retention periods in the Privacy Policy. Legally required billing and compliance records may be retained for the required period.

The Provider and its licensors retain all rights in the Service, software, models, interfaces, documentation, and branding. You receive a limited, non-exclusive, non-transferable right to use the Service for your own business during the contract term.

You retain your rights in store content and grant the Provider and its service providers the rights necessary to host, process, analyze, transform, and return that content solely to provide, secure, support, and improve the Service.

The Provider uses reasonable care to operate the Service but does not promise uninterrupted or error-free availability. Maintenance, Shopify outages, third-party failures, rate limits, model-provider changes, and force-majeure events may affect operation.

Support is available through the Support page. No service level applies unless separately agreed in writing.

The Provider has unlimited liability for intent and gross negligence, injury to life, body, or health, fraudulently concealed defects, expressly assumed guarantees, and liability under mandatory product-liability law.

For ordinary negligence, the Provider is liable only for breach of an essential contractual obligation and only for the foreseeable loss typical for this type of contract. Otherwise, liability for ordinary negligence is excluded. These limits also apply to the Provider's officers, employees, agents, and service providers.

You must take reasonable steps to prevent and reduce loss, including reviewing changes, maintaining recoverable source content, and promptly reporting incidents.

To the extent legally permitted, you will indemnify the Provider against third-party claims resulting from unlawful store content, missing rights or consents, your instructions, or your material breach of these Terms, except to the extent the Provider caused the claim.

The Provider may update these Terms for future use where required by law, Shopify changes, security, or a reasonable development of the Service. Material changes will be communicated in an appropriate manner. If you do not accept a material change, you may stop using and cancel the Service before it takes effect.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant, legal entity under public law, or public-law special fund, the courts at the Provider's registered office have exclusive jurisdiction where legally permitted.

If a provision is invalid, mandatory law applies in its place; the remaining provisions remain effective. Amendments and side agreements should be documented in text form.

NICCOS GmbH, Ida-Frank-Straße 4, 79206 Breisach am Rhein, Germany. Email: kontakt@niccos.com.