Terms of Service – Shopify App

Terms and Conditions

Last updated: 03.06.2026 12:00 CEST

1. Parties to the Agreement

These Terms and Conditions of Service (the „Terms„) constitute a legally binding agreement between Tim Wessels UG (haftungsbeschränkt) (hereinafter the „Company„, „we„, or „us„), a service provider located in Germany, and the user of the service (hereinafter the „User“ or „Customer„). „MapMigo“ is the name of our Shopify application and related services (the „Service“). By using the Service (as defined below), the User agrees to these Terms. If you are accepting these Terms on behalf of a company or other legal entity (such as installing the app for a business store), you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, you must not install or use the Service.

2. Definitions

For the purposes of these Terms, the following definitions apply:

„Service“ means the MapMigo store locator software application and any related services provided by the Company.
„Platform“ means any third-party platform through which the Service is made available, such as Shopify (or other e-commerce platforms).
„User Account“ means the account or credentials (including any Shopify account or other login) used by the User to access and use the Service.
„Content“ means any data, information, images, icons, or other materials uploaded, entered, or processed through the Service by the User.
„Map Providers“ means the third-party mapping services that the Service uses to render maps and to provide location search, namely Mapbox and Stadia Maps (as defined below). The User can select which Map Provider is used to display the map through the Service’s map style settings.
„Mapbox“ means Mapbox, Inc. and its mapping services and APIs. Mapbox is used by the Service in two ways: (i) as a selectable map display provider, which requires the User to supply their own Mapbox API key (see Sections 5 and 6.2); and (ii) as the provider that powers the location search/geocoding feature of the Service at all times, which runs through the Company’s own Mapbox account regardless of the map display provider the User selects.
„Stadia Maps“ means Stadia Maps and its mapping services and APIs (stadiamaps.com). Stadia Maps is a selectable map display provider. When the User selects a Stadia Maps map style, the map is served through the Company’s own Stadia Maps account and credentials at no additional charge to the User (see Section 6.2).

3. Acceptance of Terms

By accessing, installing, or using the Service, the User acknowledges that they have read, understood, and agree to be bound by these Terms, as well as all applicable laws and regulations. If the User does not agree with any part of these Terms, they should not use the Service. Use of the Service is also subject to any policies or guidelines that the Company may publish from time to time (such as a Privacy Policy or support guidelines). If you are using the Service on behalf of an organization or company, you agree that you are authorized to do so and that the organization agrees to these Terms.

4. Description of Service

MapMigo Store Locator Service: MapMigo is a digital service that allows Users (merchants) to create, manage, and display interactive store locator maps on their online stores. The Service’s key features include:

Store Location Management: Add and customize multiple store locations (addresses, contact details, etc.) through an easy-to-use interface. Users can upload images or icons (such as store logos or custom map pins) to represent their locations on the map.
Interactive Map Display: Display a responsive, interactive map on your website showing all your store locations. MapMigo integrates with two Map Providers — Mapbox and Stadia Maps — for map tiles and styles. The User chooses which Map Provider renders the map by selecting a map style in the Service’s settings (see Section 6.2 for how each option works and who bears the cost).
Search and Navigation: Provide a search bar and a browser-based geolocation feature so that customers can find the nearest store by city, ZIP code, or address, or based on their current location. The location search/geocoding feature is always powered by Mapbox and always runs through the Company’s own Mapbox account, regardless of which Map Provider the User has selected for the map display. Customers can view details for each location and obtain directions to a location.
Platform Integration: Integration with the Shopify platform (and any other supported e-commerce Platform), allowing installation of the store locator. The Service operates within the User’s online store environment.
Analytics and Reporting: Basic, anonymized analytics on store locator usage, such as the number of location searches or clicks on store locations. These insights help the User understand customer interactions (e.g., which store locations are viewed most frequently).

5. User Registration and Account

To use the Service, the User must install the MapMigo app via the Shopify App Store (or relevant Platform marketplace) and authorize the Service to connect to their store. In some cases, an account or profile may be created for the User within the Service using their Platform credentials. The User is responsible for providing accurate and complete information as required for setup and for keeping such information up-to-date.

Users are responsible for maintaining the security and confidentiality of their User Account credentials and any sensitive data associated with the Service. This includes the credentials to their Shopify store and, where applicable, any third-party API keys (such as a Mapbox API key) used in connection with the Service. The User agrees to:

Account Security: Keep their login credentials (e.g., Shopify admin login) and any API keys or tokens confidential. Do not share access to the Service with unauthorized persons. If the Service allows setting a separate password or API key storage, ensure these are protected.
Mapbox API Key (when applicable): If, and only if, the User selects a Mapbox map style for the map display, the User must obtain their own Mapbox account and API key and enter it into the Service. No API key is required if the User selects a Stadia Maps map style for the map display, as that map is served through the Company’s own account. The location search feature does not require the User to provide any API key, because it always runs through the Company’s own Mapbox account.
Account Activity: Accept responsibility for all activities that occur under their account or through their installed instance of the Service. If an employee or other agent of the User is using the Service, the User remains responsible for their actions within the Service.
Unauthorized Use: Notify the Company immediately at the contact email if you become aware of any unauthorized access to or use of your account, your API keys, or the Service. The Company will not be liable for any loss or damage arising from your failure to secure your account or notify us of unauthorized use.
Accurate Information: Ensure that all information provided to the Company or entered into the Service (for example, store details or contact information) is truthful, accurate, and up-to-date. The User should update any account information as necessary to maintain its accuracy.

6. Fees and Payment Terms

6.1 Free Service

At the time of this writing, the core MapMigo Service is provided free of charge to the User. There are currently no subscription fees or one-time charges required by the Company to install or use the app’s features on your store. The User can install the app and utilize its functionalities without paying the Company any fee. Where the User selects the Stadia Maps map style and for the location search feature, the Company also bears the underlying map-serving costs on the User’s behalf, as described in Section 6.2. (Note: The User is responsible for any fees charged by the Platform, if applicable, for using third-party apps, although Shopify typically does not charge extra for installing apps. Where the User selects the Mapbox map style, the User is responsible for their own Mapbox costs, as described in Section 6.2.)

The Company reserves the right to maintain the Service as free or to introduce paid features or plans in the future as described in Section 6.3 below. If at any point fees are introduced, Users will be notified in advance and given the choice to continue or cancel use of the Service.

6.2 Map Providers, API Keys, and Third-Party Services

The Service relies on third-party Map Providers — Mapbox and Stadia Maps — for map rendering and for location search. How this works, and who bears the cost, depends on the options the User selects:

(a) Map display — two options chosen by the User:

Mapbox map style (User-supplied API key): If the User selects a Mapbox map style, the User must separately sign up for a Mapbox account, agree to Mapbox’s own Terms of Service and Privacy Policy, and enter their own Mapbox API key into the Service. In this case, all map-display requests are made against the User’s own Mapbox account. Mapbox offers a free tier that covers most standard use cases; however, usage beyond Mapbox’s free-tier limits, or misuse of the API key, may result in charges billed by Mapbox directly to the User. Any such Mapbox charges are solely the User’s responsibility. The Company does not charge those fees, does not control Mapbox’s pricing or practices, and assumes no liability for any Mapbox bills, fees, or service issues. The Company strongly advises Users to restrict their Mapbox API key to their own domain(s) and to monitor their Mapbox usage.
Stadia Maps map style (served by the Company, free to the User): If the User selects a Stadia Maps map style, the map is served through the Company’s own Stadia Maps account and credentials. The Company bears the cost of these map loads, and this is provided free of charge to the User. Because this usage runs on the Company’s account, the User must use it only as intended and within fair-use limits (see Section 7.1). The Company reserves the right to apply reasonable usage limits, to throttle, or to disable Stadia Maps serving for a User whose usage is abusive, excessive, or non-compliant with Stadia Maps‘ terms, without this affecting the rest of the Service.

(b) Location search / geocoding — always provided by the Company via Mapbox:

Regardless of which map display provider the User selects, the location search and geocoding feature always runs through the Company’s own Mapbox account. The User does not need to provide an API key for this feature, and the Company bears the underlying cost. As with the Stadia Maps option, this is provided on a fair-use basis, and the Company reserves the right to apply reasonable usage limits or to throttle abusive or excessive usage.

(c) Attribution: Both Mapbox and Stadia Maps (and the underlying data sources, such as OpenStreetMap) require that map and data attributions be displayed. The User must not remove, hide, obscure, or alter any attribution, copyright, or legal notice that the Service or a Map Provider displays on or around the map, and must not otherwise interfere with required attribution.

(d) Other Third-Party Services: If the Service in the future integrates or relies on other third-party services or APIs, similar conditions will apply: the User may need to activate or provide credentials for those services and may be subject to those third parties‘ terms and potential fees. The Company will not be responsible for third-party services‘ availability or costs.

The Company is not affiliated with Mapbox or Stadia Maps and does not control their services, pricing, uptime, or data practices. Where the User holds the relevant account (the Mapbox map-display option), it is the User’s responsibility to understand and comply with that provider’s terms. Where the Company holds the relevant account (the Stadia Maps map-display option and the Mapbox-powered location search), the User must not use the Service in a way that would cause the Company to breach that provider’s terms.

6.3 Future Changes to Fees

While the Service is free as of the last update, the Company reserves the right to introduce paid subscription plans or fees for additional features, support, or usage limits in the future (which may include, for example, the map-serving and search features that the Company currently provides at its own cost). Any changes to the pricing model (such as moving to a paid model or offering premium tiers) will be communicated to Users with reasonable advance notice (for example, via email or a notification within the app at least 30 days prior to the change).

If the User does not agree to any future fees or paid tiers introduced, the User may discontinue use of the Service prior to the fee becoming effective (see Section 13 on Termination). Continued use of the Service after new fees take effect constitutes agreement to pay the applicable fees. The Company will not retroactively charge fees for past usage before the introduction of a paid plan, and any new fees will not apply until the communicated notice period has passed.

7. User Obligations and Restrictions

7.1 Permitted Use

Users may use the Service only for lawful purposes and in accordance with these Terms. By using MapMigo, the User agrees to:

Legal Compliance: Use the Service in compliance with all applicable laws and regulations, including (but not limited to) data protection laws and any rules applicable to the User’s industry or location. The Service is intended to be used for displaying store locations to customers; it should be used only for legitimate business purposes related to providing information about your stores.
Third-Party Terms: Abide by the terms and conditions of any third-party services integrated with the Service. This specifically includes complying with the acceptable use policies and terms of both Mapbox and Stadia Maps when using the map and search features. Where the User selects the Mapbox map style, the User is bound by Mapbox’s terms through their own account. Where the Company serves the map or search (the Stadia Maps map style and the location search), the User must not use the Service in any manner that would cause the Company to violate Mapbox’s or Stadia Maps‘ terms.
Fair Use of Company-Provided Map Services: When using any feature that the Company provides through its own Map Provider accounts (the Stadia Maps map style and the Mapbox-powered location search), the User is consuming the Company’s third-party usage allowances at the Company’s cost. The User must use these features only as intended for a genuine store locator and must not artificially inflate usage, automate or script requests, bulk-download or scrape map tiles or geocoding data, resell or redistribute the map or data, or otherwise abuse or overload these features. The Company may apply usage limits and may throttle, suspend, or disable these features for any User whose usage is abusive or excessive.
Attribution: Keep all map and data attributions, copyright notices, and legal notices required by the Map Providers visible and unaltered, as described in Section 6.2(c).
Respect Intellectual Property: Respect all intellectual property rights. This means the User will only upload Content (such as images, icons, logos, text, or data) that they have the right to use. The User must not use the Service to infringe upon the copyrights, trademarks, or other rights of the Company or any third party.
Proper Use of the Service: Use the Service as intended and avoid any action that could interfere with the normal operation of the Service. For example, Users should enter data through the provided interface and not attempt to use automated scripts or scrape the Service without permission.
Security and Integrity: Not interfere with or disrupt the security, integrity, or performance of the Service. The User must not attempt to circumvent any security measures of the Service. This includes refraining from probing, scanning, or testing the vulnerability of any system or network related to the Service, except as explicitly allowed by the Company.
Reverse Engineering: Not attempt to reverse engineer, decompile, copy, or disassemble the Service or any software provided as part of the Service, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The User agrees not to misuse the Service or access it to build a competing product or service.

7.2 Prohibited Activities

Users are strictly prohibited from engaging in any activities that violate these Terms or the law. In particular, the User must not:

Illegal or Unauthorized Use: Use the Service for any unlawful, fraudulent, or unauthorized purpose. This includes, but is not limited to, using the Service in a manner that violates any laws, regulations, or court orders, or for any purpose not reasonably intended by the Company.
Malicious Code: Upload, transmit, or distribute via the Service any viruses, malware, worms, Trojan horses, harmful code, or anything else designed to interfere with or disrupt the normal operation of the Service, the Platform, or any users‘ devices.
Unauthorized Access: Attempt to gain unauthorized access to any portion of the Service, the servers or networks on which the Service is hosted, or any related systems or networks of the Company or its providers. Similarly, the User must not try to access other users‘ data without permission.
Violation of Others‘ Rights: Upload or transmit any Content that is defamatory, obscene, harassing, or that violates the privacy, publicity, intellectual property, or other rights of any person or entity. Specifically, do not upload images, icons, or other materials for which you do not have the necessary rights or licenses. The User may not use the Service to store or display any content that infringes a third party’s copyright, trademark, or other proprietary rights.
Abuse of Service Resources: Engage in excessive or abusive usage of the Service’s resources that is outside the intended use (for example, automating large numbers of requests in a way that could overload the Service). The User should not use the Service in a manner that interferes with or disrupts the Service or the infrastructure of the Company or its partners (including the infrastructure of Mapbox and Stadia Maps).
Impersonation and Misrepresentation: Misrepresent your identity or affiliation in using the Service. You must not impersonate the Company, another user, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service.

The above obligations and prohibitions are critical to maintaining a safe and functional service. Violation of any of the above may result in suspension or termination of the User’s access to the Service (see Section 13) and may also expose the User to legal liabilities.

8. Intellectual Property Rights

8.1 Company’s Intellectual Property

All rights, title, and interest in and to the Service (including but not limited to the software, code, design, algorithms, functionality, user interface, trademarks, trade name „MapMigo“, and any documentation or content provided by the Company) are owned by the Company or its licensors and are protected by applicable intellectual property laws and treaties.

The Company grants the User a limited, non-exclusive, non-transferable, and revocable license to install and use the Service on the Platform for the User’s store, solely in accordance with these Terms and for its intended purpose. This license does not grant the User any ownership or title in the Service or the underlying intellectual property. The User shall not remove or alter any copyright notices, branding, or proprietary legends attached to or provided with the Service. All rights not expressly granted to the User in these Terms are reserved by the Company.

8.2 User Content

By using the Service, the User may upload, input, or otherwise make available Content (for example, store addresses, descriptions, category tags, images, icons, logos, and other media to represent store locations). The rights and responsibilities regarding User Content are as follows:

Ownership of User Content: The User retains all rights and ownership in the Content that they provide through the Service. The Company does not claim ownership over your store data, images, or other Content you upload. Your Content remains yours (or your licensors‘) at all times.
License to Company: In order to allow the Company to provide the Service effectively, the User grants the Company a worldwide, royalty-free, non-exclusive license (with the right to sublicense to our infrastructure providers solely for hosting and processing needs) to use, reproduce, adapt (e.g., resize or compress images for performance), publish, display, and distribute the Content solely as necessary to provide and operate the Service. This means, for example, we have your permission to store your uploaded store information on our servers, display your store locations and images on the map embedded in your website, and create backup copies as needed. This license is only for the purpose of running and improving the Service; we will not use your Content for unrelated purposes without your consent.
User’s Warranties for Content: The User represents and warrants that they have all necessary rights, licenses, and permissions to upload or provide the Content to the Service and to grant the license described above. In particular, for any images, icons, logos, or trademarks that the User uploads, the User confirms that they either own those materials or have obtained appropriate rights or permissions from the owner to use them in the Service. The User also warrants that the Content is accurate (to the best of their knowledge) and that providing or using the Content through the Service does not violate any law or the rights of any third party.
Prohibited Content: The User must not upload any Content that is illegal, offensive, or violates these Terms (see Section 7.2). This includes content that is pornographic, hate speech, infringing, or otherwise objectionable. The Company is not obligated to monitor User Content, but reserves the right to remove or disable any Content that the Company, in its discretion, deems to violate these Terms or applicable law, or that may harm the integrity of the Service or other users. The Company may do this without prior notice to the User, though we may attempt to inform the User of any such action after the fact when feasible.
Responsibility for Content: The User is solely responsible for all Content they upload or make available through the Service, and for any consequences arising from that Content (including any loss or damage suffered by the Company or other parties as a result of the Content). The Company shall not be held responsible for any losses or legal liabilities arising from the User’s Content. The User agrees to indemnify the Company for any claims related to Content they provide, as outlined in Section 12 (Indemnification).

We do not access or use User Content except as necessary to provide the Service, as described above, or as otherwise described in our Privacy Policy.

9. Data Protection and Privacy

The Company is committed to protecting the privacy of Users and end-customers. Use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect personal data. By using the Service, the User agrees to the collection and use of data as outlined in the Privacy Policy and in accordance with applicable data protection laws (including the EU General Data Protection Regulation (GDPR) and relevant German data protection laws). If you do not agree with our data handling practices, please do not use the Service.

Key points regarding data and privacy in the context of the Service:

Merchant and Store Data: The Service will store data that the User provides about their own business and stores (such as store names, addresses, phone numbers, business hours, etc.) in order to display this information on the store locator map. This data is considered business information provided by the User, not personal consumer data. The Company will treat all such data as confidential and use it only for providing the Service to the User.
Map Providers and Sub-Processors: To display maps and provide location search, certain requests are routed to our Map Providers. Depending on the map style the User selects, end-customer map-display requests are processed either by Mapbox (through the User’s own Mapbox account, when a Mapbox map style is selected) or by Stadia Maps (through the Company’s account, when a Stadia Maps map style is selected). Location search/geocoding requests are always processed by Mapbox through the Company’s account. These providers act as third parties (and, where the Company holds the account, as our sub-processors) and have their own terms and privacy/data-processing practices. Details of the data processed in connection with the map and search features, and the relevant sub-processors, are described in our Privacy Policy.
End-Customer Data: MapMigo generally does not collect personal data from the User’s customers who use the store locator on the User’s website beyond what is necessary to render the map and process a search query (for example, a city name, postal code, or, with the customer’s permission, their approximate browser geolocation to find the nearest store). We do not store names, emails, or other contact information of the User’s customers through the store locator functionality. Note that requests necessary to render maps or perform searches are transmitted to the relevant Map Provider as described above.
Usage Analytics: The Service may collect and store anonymized or aggregated usage data to help improve the Service. For example, MapMigo might log metrics such as the number of times the store locator search is used, which locations are viewed most, or general usage patterns. These analytics do not include personal identifiers of any end user; they are purely for the store owner’s benefit and our internal analysis (e.g., to ensure the Service is functioning well and to identify popular features). The User can view some of these analytics within the app’s interface as part of the Service’s features.
Personal Information and Contact: If the User contacts the Company for support, or if the Platform (Shopify) provides us with contact details for the store owner (such as email address) upon app installation, we will handle that personal information in compliance with GDPR and other applicable laws. We will use contact information to communicate with the User about the Service, support requests, and important updates. We do not sell or share User’s personal contact information with third parties for marketing purposes.
Data Security: The Company implements appropriate technical and organizational measures to safeguard the data processed by the Service. This includes protecting stored store data and any analytics collected. However, the User acknowledges that no data transmission or storage system can be guaranteed to be 100% secure. The User is responsible for maintaining good security practices as well, such as securing their Shopify account and, where applicable, their Mapbox account credentials and API key.
Privacy Policy: For more detailed information on how we handle data, please refer to our Privacy Policy (if available on our website or provided during app installation). The Privacy Policy is incorporated into these Terms by reference. In case of any conflict between these Terms and the Privacy Policy regarding personal data handling, the Privacy Policy will take precedence on matters of data protection.

By using the Service, the User consents to the processing of their data (and their business’s data) as described above and in the Privacy Policy. The User also agrees to comply with any applicable privacy laws in their use of the Service (for example, if the User uses the Service to collect any personal data, they are responsible for providing proper notices or obtaining consents from their customers as required by law).

10. Service Availability and Modifications

10.1 Service Availability

The Company aims to keep the Service available and operational for Users as much as reasonably possible. However, uninterrupted access to the Service is not guaranteed. From time to time, the Service may be temporarily unavailable or degraded due to scheduled maintenance, updates, technical problems, or other circumstances beyond our control.

The Company will try to perform scheduled maintenance during off-peak hours when possible and, if feasible, will provide advance notice (e.g., via an in-app notification or email) of significant downtime.
The User acknowledges that occasional downtime or interruptions may occur. The Company shall not be liable for any damage or loss incurred by the User or their business due to Service unavailability or slowdowns (subject to the limitations of liability in Section 11).
The Service’s features also depend on third-party systems (for example, the Shopify platform and the Map Providers, Mapbox and Stadia Maps). Any downtime or issues in those systems might impact the Service. The Company is not responsible for outages or interruptions caused by third-party services, but will do its best to coordinate or provide updates if such events occur.

10.2 Service Modifications

The Company reserves the right to modify, update, or discontinue the Service (or any part of its features) at any time. We are continually improving the Service, which means features may be added, changed, or removed:

Feature Updates: The Company may introduce new features or improvements to the Service. Similarly, we may change or remove features that are, for example, outdated or underutilized. This may include changing, adding, or removing a Map Provider, or changing how a Map Provider is offered. We will endeavor to notify Users of major changes, especially if a feature you are using is being significantly altered or removed.
App Updates: If the Service is updated, the User may need to update the app to the latest version to ensure continued functionality and security. Depending on the Platform, updates may be applied automatically or may require the User’s action (such as clicking „update“ in Shopify’s App Store).
Discontinuation: In the unlikely event that the Company decides to discontinue the Service entirely, we will provide Users with reasonable advance notice so that they can prepare (e.g., export their store location data). We may also suggest alternative solutions if available. After discontinuation, the User would no longer be able to access the Service or their data within the Service, so it is the User’s responsibility to keep backup copies of any important data they have entered into the Service.
Changes for Legal Compliance: Occasionally, modifications may be required to comply with changes in law or regulatory requirements, or to address security issues. These changes may need to be implemented immediately and without prior notice to Users. We appreciate your understanding in such cases.

The Company shall not be liable to the User or to any third party for any modification, price change, suspension, or discontinuation of the Service, beyond what is outlined in these Terms. Users‘ continued use of the Service after any modifications to features or Terms have been made constitutes acceptance of those changes (see Section 18 regarding Changes to Terms).

11. Limitation of Liability

To the maximum extent permitted by applicable law, the Company (and its officers, directors, employees, agents, affiliates, and partners) shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of (or inability to use) the Service. This limitation of liability applies to any damages, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

This means that, among other things, the Company is not responsible for:

Loss of profits, sales, business, or revenue;
Loss or corruption of data or content; (for example, if store location data or uploaded images are lost or damaged, though we strive to prevent this with backups)
Business interruption or downtime costs;
Loss of business opportunities, goodwill, or reputation; or
Any indirect or consequential losses of any kind.

In particular, the Company will not be liable for any costs or damages resulting from the User’s use of third-party services in connection with the Service. For example, if the User incurs charges from Mapbox (under the User’s own Mapbox account), or suffers any issues due to Mapbox’s or Stadia Maps‘ services (such as map inaccuracies, attribution requirements, rate limits, or outages), those are matters between the User and the relevant provider, or are otherwise outside the Company’s control. The Company provides integration with Mapbox and Stadia Maps „as is“ and makes no warranties about those services themselves. Likewise, the Company is not liable for any unauthorized use of the User’s Mapbox API key or any billing or security issues arising from it (as addressed in Section 6.2).

Provided „As Is“: The Service is provided on an „as is“ and „as available“ basis without warranties of any kind. The Company expressly disclaims any warranties or conditions, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will meet your specific requirements or expectations, that it will be error-free or uninterrupted, or that any errors or defects will be corrected immediately.

Maximum Liability: If, notwithstanding the other provisions of these Terms, the Company is found to be liable to the User for any damage or loss arising out of or in any way connected with the Service or these Terms, the aggregate liability of the Company shall in no event exceed the greater of: (a) the total amount (if any) actually paid by the User to the Company for the Service in the six (6) months immediately preceding the event giving rise to the claim (for clarity, as of now this would be €0, since the Service is free), or (b) one hundred Euros (€100). This limitation will apply even if any remedy fails of its essential purpose.

Jurisdictional Rights: Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. If laws applicable to the User’s use of the Service do not allow the exclusion of certain warranties or the limitation of certain liabilities, then the above disclaimers and limitations may apply to the User only to the extent permitted by law. Nothing in these Terms shall limit or exclude any liability that cannot be limited or excluded by law, such as liability for death or personal injury caused by gross negligence or willful misconduct of the Company, or liability for fraud or fraudulent misrepresentation.

12. Indemnification

The User agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, partners, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys‘ fees and costs) arising out of or in any way connected with:

the User’s use of the Service or activities in connection with the Service (including any actions taken by a person using the User’s account, with or without the User’s permission);
the User’s violation of these Terms or breach of any warranty or obligation under these Terms;
the User’s violation of any applicable law or regulation in connection with their use of the Service;
the User’s infringement or misappropriation of any intellectual property or other rights of any third party (for example, if the User uploads Content to the Service that they do not have rights to, and a third party brings a claim for copyright or trademark infringement as a result);
any Content the User provides through the Service, including any claims that such Content caused damage to or violated the rights of a third party (such as claims related to defamation, privacy, or intellectual property infringement);
any third-party claims or consequences related to third-party services the User integrates with the Service, such as claims, fees, or disputes arising from the User’s use of Mapbox (under their own account) or other external services in conjunction with MapMigo; and
any costs, charges, claims, rate-limiting, suspension, or other consequences arising from the User’s abuse, excessive use, or non-compliant use of any Map Provider features that the Company provides through its own accounts (the Stadia Maps map style and the Mapbox-powered location search), including any breach of a Map Provider’s terms caused by the User’s conduct.

The User agrees to promptly notify the Company of any such claim and to cooperate fully with the Company in defending or settling any such matter. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User. In that case, the User agrees to cooperate with the Company’s defense of such claim and may not settle any claim without the Company’s prior written consent (which will not be unreasonably withheld). This indemnification obligation will survive any termination of the User’s account or use of the Service.

13. Termination

13.1 Termination by the User

The User may terminate this agreement and stop using the Service at any time. If the User wishes to terminate their use of the Service, they can do so by uninstalling the MapMigo app from their Shopify store (or removing it from the relevant Platform) and ceasing all use of the Service. Uninstalling the app will typically disable the Service’s functionality on the User’s store and stop the Company from collecting any further data from the store. The User may also contact the Company to request deletion of their account or any stored data (see Section 13.3 below regarding data after termination).

No notice to the Company is required for the User to terminate their own use – simply removing the app constitutes termination of the Service by the User. However, if the User has any trouble uninstalling or wishes to confirm termination, they are encouraged to contact us for assistance.

13.2 Termination or Suspension by the Company

The Company reserves the right to suspend or terminate the User’s access to the Service (or portions of the Service) at any time, with or without notice, under the following circumstances:

Violation of Terms: If the User violates any of these Terms or engages in any prohibited activities (as outlined in Section 7.2) or otherwise breaches their responsibilities, the Company may immediately suspend or terminate the User’s access to the Service. In cases of minor breaches, the Company may, at its discretion, provide a warning or opportunity to remedy the violation, but is not obligated to do so.
Fair-Use or Map Provider Breach: Where the User’s usage of the Company-provided Map Provider features (the Stadia Maps map style or the Mapbox-powered location search) is abusive, excessive, or non-compliant with a Map Provider’s terms, the Company may throttle, limit, suspend, or disable those specific features for the User, without necessarily terminating the rest of the Service.
Security Risk: If the User’s use of the Service poses a security risk to the Service, other users, or any third party, or could subject the Company or any third party to liability, the Company may suspend the account to mitigate the risk.
Discontinuation of Service: As noted in Section 10.2, if the Company decides to discontinue the Service entirely, it will terminate User accounts as part of shutting down the Service, after providing the appropriate notice.
Required by Law: The Company may terminate or suspend the Service if required to do so by law (for example, if providing the Service to a certain User becomes illegal in that User’s jurisdiction).
Other Reasons: The Company may also terminate the Service for any other reason at its sole discretion, including if the Company ceases operations, undergoes insolvency, or for any business reason. However, the Company will make reasonable efforts to avoid unnecessary termination and to give notice where feasible.

If the Company suspends a User’s account for cause (e.g., due to a violation), and the issue is rectifiable, the Company may restore access once the issue is resolved to its satisfaction. If the account is terminated, the User will no longer have access to the Service.

13.3 Effect of Termination

Upon termination of the Service (whether terminated by the User or by the Company), the following will occur:

Ceasing Operation: The User will immediately lose all rights to access or use the Service. Any embedded maps or store locator functionality on the User’s website provided through the Service may stop functioning once the app is uninstalled or the account is terminated.
Data Retention and Deletion: The Company may disable the User’s Content from the Service and eventually delete User Content from its active databases. In general, if a User uninstalls the app, the Company will stop retrieving any data from the User’s store. The Company will retain the User’s Content and data for only as long as necessary for business or legal purposes in accordance with our data retention policies and Privacy Policy. For instance, store location data and images may be kept for a grace period (to allow for restoration if the uninstallation was accidental or if the User re-installs the app quickly), but will be deleted after that period. Basic usage analytics that have been aggregated (and contain no personal data) may be retained for statistical purposes. If the User wants immediate deletion of their identifiable data, they should contact the Company to request data deletion – the Company will comply with such requests as required by law (e.g., GDPR) and as outlined in our Privacy Policy.
Liabilities and Outstanding Obligations: Termination does not relieve the User of any obligations incurred prior to termination. Any accrued rights, remedies, obligations or liabilities of the parties shall not be affected by the termination. For example, if any dispute has arisen or if indemnification is owed by the User for actions that occurred prior to termination, those obligations remain in force.
Survival: Provisions of these Terms which by their nature should survive termination (such as limitations of liability, indemnification, governing law, and intellectual property provisions) will survive the termination of this agreement.

After termination, the User will no longer receive updates or communications for the Service. If the User wishes to use MapMigo again after terminating, they will likely need to agree to the then-current Terms and reinstall the app as a new user.

14. Force Majeure

The Company shall not be liable for any failure or delay in performance of its obligations under these Terms (except payment obligations, if any) if such failure or delay is caused by circumstances beyond the Company’s reasonable control. This includes, but is not limited to, events such as natural disasters, acts of God, fire, flood, earthquake, explosion, war, terrorism, civil unrest, pandemics or epidemics, strikes or other labor disturbances, embargoes, governmental actions or orders, failure of telecommunications or internet service providers, hosting provider outages, or power outages.

In the event of a force majeure event, the Company will make reasonable efforts to mitigate the impact on the Service and to resume normal operations as soon as practicable. However, during such events, some or all of the Service’s functionality may be suspended or limited. The User acknowledges that these events are beyond the Company’s control and agrees that the Company will not be considered in breach of these Terms to the extent the Service cannot be provided during such events.

15. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the use of the Service shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

If you are a business user, you agree that any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Germany, and specifically the courts located in the Company’s jurisdiction in Germany. The Company and the User each agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such disputes.

If you are using the Service as a consumer (an individual not using the Service for business purposes, which is unlikely in the context of a Shopify app intended for merchants), you may have the right to bring claims in the courts of your country of residence. These Terms are not intended to deprive a consumer of the protections afforded to them under mandatory laws of their own jurisdiction. In any event, nothing in these Terms affects any consumer rights that cannot be waived or limited by contract under applicable law.

16. Severability

If any provision (or part of a provision) of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, then that provision shall be deemed modified to the minimum extent necessary to make it enforceable (if possible) or, if not possible, it shall be deemed severed from these Terms. In either case, the remaining provisions of these Terms will continue in full force and effect.

A determination that a provision is invalid or unenforceable in one jurisdiction shall not invalidate or render unenforceable that provision in other jurisdictions. The parties (the Company and the User) agree to attempt in good faith to replace any invalid, illegal, or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original economic, legal, and commercial intent of the original provision.

17. Entire Agreement

These Terms, together with any documents expressly incorporated by reference (such as the Privacy Policy, and any additional service-specific terms that may appear within the app interface), constitute the entire agreement between the Company and the User regarding the Service. They supersede and replace any and all prior or contemporaneous understandings, agreements, communications, or representations, whether written or oral, regarding the Service.

The User acknowledges that in entering into these Terms, they have not relied on any statement, promise, or representation not expressly set out in these Terms or the documents incorporated by reference. Any waiver, modification, or variation of these Terms will only be effective if in writing and signed by authorized representatives of both parties, or if expressly posted by the Company as an updated version of these Terms per Section 18 below.

18. Changes to Terms

The Company reserves the right to modify or update these Terms at any time. If we make material changes to the Terms, we will provide reasonable notice to Users, such as by posting the updated Terms on our website, through the Shopify App listing, or via an in-app notification or email. The „Last updated“ date at the top of this document will be revised when any change is made.

Changes will become effective upon posting of the revised Terms, unless otherwise stated. It is the User’s responsibility to review the Terms periodically for updates. By continuing to access or use the Service after updated Terms have been posted (and after any stated notice period, if applicable), the User will be deemed to have accepted the revised Terms.

If the User does not agree with any changes to the Terms, they should discontinue use of the Service and uninstall the app. For significant changes that adversely affect the User’s rights or obligations, the Company may, at its discretion, provide a longer notice period or require Users to actively accept the new Terms (for example, via a click-through acceptance) before further use of the Service.

19. Contact Us

If you have any questions, concerns, or comments about these Terms or the Service, you can contact us at support@mapmigo.io. We value our Users and aim to address any issues promptly:

Email: Please send any inquiries to support@mapmigo.io. Include your name, store name or ID, and a detailed description of your question or issue. We will endeavor to respond within a reasonable timeframe.
Support: You may also reach out via the support channel provided in the Shopify App (if available) or through our website’s contact form (if applicable). Using the in-app support or contact form will also route your query to our support team.
Business Address: Tim Wessels UG (haftungsbeschränkt), Blockener Str. 38, 28816 Stuhr, Germany.

Thank you for reading our Terms and Conditions. By using MapMigo, you agree to these Terms. We appreciate your trust in our service and will do our best to provide a reliable and useful store locator solution for your business.