General Terms and Conditions (GTC) for the Provision of the stylink Shopify Plugin

§ 1 Scope of Application

  1. The following General Terms and Conditions (hereinafter “GTC”) apply to the provision and use of the stylink Shopify Plugin and related services provided by stylink Social Media GmbH, Friedrich-Ebert-Str. 181–183, 48153 Münster, Germany, registered in the commercial register of the Amtsgericht (Local Court) Münster under HRB 18156 (hereinafter “stylink” or “Provider”) to its business customers (hereinafter “Client”).
  2. These GTC are intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). The use of the stylink Shopify Plugin by consumers within the meaning of Section 13 BGB is excluded. By commissioning the services, the Client confirms that it is acting as an entrepreneur.
  3. Only the GTC of stylink shall apply. Any deviating, conflicting, or supplementary general terms and conditions of the Client shall not become part of the contract unless stylink expressly agrees to their applicability in writing. This shall also apply if stylink performs services without reservation while being aware of the Client’s deviating GTC.
  4. These GTC shall also apply to all future business relationships with the Client, even if they are not expressly agreed upon again.

§ 2 Subject Matter of the Contract

  1. stylink provides the Client with a plugin for the e-commerce platform Shopify (hereinafter “Plugin”) that serves to capture, attribute, and analyze influencer activities and resulting purchases in the Client’s online shop (hereinafter “Tracking and Attribution Services”).
  2. stylink acts as an independent performance marketing platform. The scope of services includes in particular:
    1. the provision and maintenance of the Shopify Plugin,
    2. the capture and attribution of influencer-driven transactions (tracking and attribution),
    3. the provision of analyses and reports on the captured data,
    4. the technical integration into the Client’s Shopify platform.
  3. stylink does not sell products through the Client’s online shop. The Plugin is a technical tool for performance tracking within the scope of performance marketing.
  4. The specific scope of services, any additional services, and the respective remuneration shall be defined in the individual contract, a service level agreement, or the respective order confirmation.

§ 3 Conclusion of Contract

  1. The contract between stylink and the Client is concluded by:
    1. the installation of the Plugin in the Client’s Shopify shop in connection with the acceptance of these GTC, or
    2. the signing of a separate service agreement that references these GTC, or
    3. the acceptance of an offer from stylink by the Client.
  2. Offers from stylink are non-binding and without obligation, unless expressly designated as binding.
  3. By installing the Plugin and accepting these GTC, the Client confirms having taken note of the GTC and agreeing to their applicability.

§ 4 Description of Services

  1. Plugin Functionality: The Plugin integrates into the Client’s Shopify shop and enables the capture of transactions that occur through referral links generated by stylink or other tracking mechanisms (e.g., coupon codes, UTM parameters).
  2. Tracking: stylink captures clicks, conversions, and transaction data associated with influencer activities. The tracking methodology (e.g., cookie-based, server-side, coupon-code-based) is determined by stylink at its own discretion and may be adjusted for technical reasons.
  3. Attribution: stylink attributes captured transactions to the respective influencers based on the attribution rules applicable at the time of the transaction. The attribution methodology (e.g., last-click, first-click, multi-touch) is defined in the respective service agreement or product documentation.
  4. Reporting: stylink provides the Client with analyses of the captured tracking data via a dashboard or other suitable channels. The type, scope, and frequency of reports depend on the respective service package.
  5. Further Development: : stylink reserves the right to further develop and modify the functionality of the Plugin and the services at its own discretion, provided this is reasonable for the Client and does not substantially restrict the core of the contractually owed service.

§ 5 Availability and Service Level

  1. stylink strives to provide the Plugin and related services with an availability of 99.5% on an annual average, measured over a calendar month. Availability refers to the systems controlled by stylink and not to the availability of the Shopify platform or the internet.
  2. The following shall not be considered as unavailability:
    1. scheduled maintenance work announced to the Client at least 48 hours in advance,
    2. outages or restrictions of the Shopify platform for which stylink is not responsible,
    3. disruptions attributable to force majeure, actions of the Client, or third parties,
    4. restrictions due to browser privacy settings, ad blockers, or similar technologies on the end users’ side.
  3. stylink will appropriately inform the Client about scheduled maintenance work and material disruptions. Maintenance work will be carried out outside regular business hours (CET) whenever possible.
  4. Additional service levels (e.g., response times, support levels, dedicated contacts) may be defined in a separate service level agreement (SLA).

§ 6 Obligations of the Client

  1. The Client is obligated to:
    1. install and configure the Plugin properly and in accordance with stylink’s instructions in its Shopify shop,
    2. provide stylink with the access, data, and information required for the provision of services in a timely and complete manner,
    3. operate its Shopify system in a version compatible with the Plugin and carry out necessary updates promptly,
    4. not modify, decompile, reverse engineer, or otherwise manipulate the Plugin code,
    5. comply with the policies of the Shopify platform (in particular the Shopify Terms of Service and the API Terms of Use),
    6. immediately inform stylink of any circumstances that could impair the functionality of the Plugin, in particular changes to the shop system, theme changes, or the installation of competing tracking plugins,
    7. ensure that the data provided through its Shopify system (in particular product data, prices, order data) is correct and complete.
  2. If the Client fails to fulfill its cooperation obligations or fails to do so in a timely manner, stylink shall be released from the provision of the affected services without any claims of the Client arising against stylink. Any additional costs incurred by stylink due to the breach of cooperation obligations shall be borne by the Client.
  3. The Client is responsible for compliance with all legal provisions applicable to it in connection with the operation of its online shop, in particular the German Unfair Competition Act (UWG), the German Digital Services Act (DDG), and the General Data Protection Regulation (GDPR).

§ 7 Prices and Payment Terms

  1. The remuneration for stylink’s services is determined by the respective individual contract, price list, or offer from stylink. Unless otherwise agreed, all prices are exclusive of the applicable statutory value added tax.
  2. Possible remuneration models include:
    1. monthly or annual usage fees (subscription),
    2. performance-based remuneration (e.g., commission on creator-generated revenue),
    3. one-time setup fees,
    4. combinations of the aforementioned models.
  3. Invoices are due for payment within 14 days of the invoice date without deduction, unless otherwise agreed. In the event of late payment, stylink is entitled to charge default interest at a rate of 9 percentage points above the respective base interest rate of the European Central Bank in accordance with Section 288(2) BGB. The right to claim further damages caused by default is reserved.
  4. The Client’s right to set off counterclaims is only permissible if such claims are undisputed or have been established by a final and binding court decision. The same applies to the assertion of rights of retention.
  5. stylink is entitled to adjust prices with a notice period of at least 30 days for the next billing period. The Client has the right to terminate the contract with extraordinary effect at the time the price increase takes effect.

§ 8 Data Protection and Data Processing

  1. Both parties undertake to comply with the applicable data protection regulations, in particular Regulation (EU) 2016/679 (GDPR) and the German Federal Data Protection Act (BDSG).
  2. Insofar as stylink processes personal data on behalf of the Client in the course of the contractual services, the parties shall conclude a separate data processing agreement (DPA) in accordance with Article 28 GDPR. The details of the data processing, in particular the subject matter, duration, nature, and purpose of the processing, the types of personal data, and the categories of data subjects, shall be governed by the DPA.
  3. The DPA is an integral part of this contract as a separate document and shall take precedence over these GTC in the event of conflicts relating to data protection.
  4. ) stylink shall implement the technical and organizational measures (TOMs) required under Article 32 GDPR to ensure the security of processing.
  5. stylink implements the GDPR compliance webhooks required by Shopify (data access, data deletion, data portability) in its Plugin.

§ 9 Data Use and Tracking

  1. Within the scope of tracking, stylink captures transaction and usage data required for the contractual services. The type and scope of data collection are determined by the respective service description and the DPA.
  2. Tracking Accuracy: stylink employs technically appropriate and state-of-the-art tracking methods. However, a one-hundred-percent capture of all relevant transactions cannot be guaranteed for the following reasons:
    1. technical limitations of the Shopify platform (e.g., API changes, platform outages),
    2. browser privacy settings, cookie blocking, ad and tracking blockers on the end users’ side,
    3. Intelligent Tracking Prevention (ITP) and comparable technologies in web browsers,
    4. incorrect installation or configuration of the Plugin by the Client,
    5. interference by third parties (e.g., creators, end customers) in the tracking process,
    6. changes to legal frameworks or technical standards (e.g., data protection regulations, cookie policies).
  3. stylink is entitled to use anonymized and aggregated data from the tracking for its own purposes, in particular for improving its own services and for creating market analyses and benchmarks, provided that the Client’s trade secrets are not disclosed and the data does not allow conclusions to be drawn about the Client or individual end customers.
  4. The attribution methodology is determined by stylink at its own professional discretion and in accordance with the current state of the art. Changes to the attribution methodology will be communicated to the Client with reasonable notice.

§ 10 Warranty and Defect Liability

  1. stylink provides the contractual services with the care customary in commercial dealings and in accordance with the current state of the art.
  2. A defect exists if the contractual services do not have the agreed quality or are not suitable for the use intended under the contract. Insignificant deviations from the service description do not constitute defect claims.
  3. The warranty does not extend to defects attributable to the following circumstances:
    1. improper operation, installation, or configuration by the Client,
    2. use of the Plugin in an incompatible environment or contrary to stylink’s specifications,
    3. modifications to the Plugin by the Client or third parties,
    4. outages or errors of the Shopify platform or other third-party providers,
    5. force majeure.
  4. The Client’s defect claims require that the Client reports defects in writing to stylink immediately upon discovery, but no later than within 14 days, and describes the defect in a comprehensible manner.
  5. In the case of justified defect claims, stylink shall, at its own choice, provide repair or replacement. If the subsequent performance definitively fails after a reasonable period (typically after two attempts), the Client shall be entitled to the statutory rights (reduction, withdrawal, damages) subject to the limitations of Section 11.
  6. The limitation period for defect claims is twelve (12) months from the provision of services, to the extent permitted by law.

§ 11 Limitation of Liability

  1. stylink shall be liable without limitation for damages arising from injury to life, body, or health, as well as for damages based on intentional or grossly negligent breaches of duty by stylink, its legal representatives, or vicarious agents.
  2. For slightly negligent breaches of material contractual obligations (cardinal obligations), stylink’s liability shall be limited in amount to the typical, foreseeable damage. Material contractual obligations are those whose fulfillment is essential for the proper performance of the contract and on whose compliance the Client may regularly rely.
  3. In the cases referred to in paragraph (2), stylink’s liability per damage event shall be limited to the net remuneration paid by the Client in the 12 months prior to the event giving rise to the damage, but in no event exceeding EUR 10,000.00.
  4. ) stylink shall not be liable for the accuracy and completeness of the tracking data captured by the Plugin, insofar as errors are attributable to the following circumstances:
    1. technical limitations or changes to the Shopify platform,
    2. incorrect integration, configuration, or operation by the Client,
    3. the behavior of third parties, in particular influencers or end customers (e.g., cookie deletion, use of ad blockers),
    4. changes to browser technologies or data protection standards,
    5. failures of internet connections or other telecommunications networks.
  5. stylink shall not be liable for lost profits, indirect damages, consequential damages, or damages from lost revenue of the Client, unless liability is already unlimited under paragraph (1).
  6. The above limitations of liability shall also apply in favor of stylink’s legal representatives, vicarious agents, and employees.
  7. Insofar as stylink’s liability is excluded or limited, this shall also apply to the personal liability of its officers, employees, representatives, and vicarious agents.

§ 12 Intellectual Property

  1. All rights to the Plugin, including the source code, software architecture, algorithms, data structures, user interfaces, and related documentation, shall remain with stylink. The Client receives a simple, non-transferable, non-sublicensable right to use the Plugin for the duration of the contract, limited to the contractually agreed purpose.
  2. The Client shall not:
    1. copy, reproduce, or make the Plugin available to third parties (except within the scope of intended use),
    2. decompile, disassemble, or otherwise reverse engineer the Plugin,
    3. modify, adapt, or create derivative works,
    4. resell, lend, or rent the Plugin to third parties.
  3. The reports and analyses generated by the Plugin may be used by the Client for its own business purposes. The underlying algorithms and processing methods of the reports are the intellectual property of stylink.
  4. Anonymized, aggregated data cleansed of personal data from the tracking is the intellectual property of stylink and may be used by stylink in accordance with Section 9(3).
  5. The Client’s business data (e.g., product, order, and customer data) shall remain the property of the Client.

§ 13 Confidentiality

  1. Both parties undertake to treat all confidential information of the respective other party obtained in the course of the contractual relationship (in particular business and trade secrets, technical information, business metrics, prices, and remuneration models) as strictly confidential and to use such information only for the purposes of performing the contract.
  2. Confidential information may only be disclosed to such employees, advisors, or service providers who require access to fulfill their duties within the scope of the contractual relationship and who are themselves bound by confidentiality obligations.
  3. The confidentiality obligation shall not apply to information that:
    1. was already publicly known at the time of disclosure or becomes publicly known without fault of the receiving party,
    2. was already lawfully known to the receiving party prior to disclosure,
    3. is lawfully disclosed to the receiving party by a third party without a confidentiality obligation,
    4. must be disclosed due to a legal obligation, governmental order, or court decision, whereby the disclosing party shall immediately inform the other party thereof.
  4. The confidentiality obligation shall survive the termination of the contractual relationship for a period of two (2) years.

§ 14 Term and Termination

  1. Unless otherwise agreed, the contract shall be concluded for an indefinite period.
  2. Either party may terminate the contract with a notice period of three (3) months to the end of a calendar month, unless a different notice period is agreed in the individual contract.
  3. In the case of fixed-term contracts, the contract shall automatically renew for the originally agreed period unless terminated with a notice period of three (3) months prior to the expiry of the respective contract term.
  4. The right of both parties to extraordinary termination for good cause shall remain unaffected. Good cause exists in particular if:
    1. a party violates material contractual obligations despite written notice and a reasonable grace period,
    2. insolvency proceedings are opened against the assets of a party or the opening is rejected due to insufficient assets,
    3. Shopify prohibits or materially restricts the cooperation with stylink or the provision of the Plugin,
    4. the Client uses the Plugin in a manner that violates applicable law, Shopify policies, or these GTC.
  5. Terminations must be in written form (email to shopify@stylink.com is sufficient).

§ 15 Consequences of Termination

  1. Upon termination of the contract, regardless of the reason:
    1. the Client’s right to use the Plugin shall expire,
    2. the Client is obligated to immediately uninstall the Plugin from its Shopify shop,
    3. stylink shall cease the tracking and attribution services,
    4. stylink shall grant the Client a transition period of 30 days from the effective date of termination, during which the Client may export its tracking data (data portability).
  2. After the expiry of the transition period pursuant to paragraph (1)(d), stylink shall delete all personal data of the Client that was stored in the course of data processing, unless statutory retention obligations prevent deletion. Upon request, the Client shall receive confirmation of the deletion.
  3. Payment claims that arose prior to the date of contract termination shall remain unaffected by the termination.
  4. The provisions on confidentiality (Section 13), limitation of liability (Section 11), and intellectual property (Section 12) shall survive the termination of the contract.

§ 16 Shopify Platform Notices

  1. The Client acknowledges and agrees that:
    1. stylink is solely responsible for the Plugin; Shopify Inc. assumes no liability for errors of the Plugin or damages arising from its installation or use,
    2. Shopify Inc. cannot, unless expressly stated by Shopify, provide support for the installation or use of the Plugin,
    3. stylink is solely responsible for all liability claims arising from the Client’s access to or use of the Plugin,
    4. the functionality of the Plugin depends on the availability and compatibility of the Shopify platform and stylink is not responsible for changes to the Shopify platform that impair the functionality of the Plugin.
  2. stylink shall make reasonable efforts to promptly adapt the Plugin in the event of material changes to the Shopify platform. The Client has no claim to such adaptation if it is unreasonable for stylink.

§ 17 Amendments to the GTC

  1. stylink reserves the right to amend these GTC with a notice period of at least 30 days. Amendments will be communicated to the Client in text form (e.g., by email).
  2. The Client has the right to object in text form within 30 days of receipt of the amendment notification. If the Client does not object within this period and continues to use the services, the amended GTC shall be deemed approved.
  3. stylink will specifically inform the Client of the objection period and the legal consequences of silence in the amendment notification.
  4. If the Client objects to the amendments, both parties shall have the right to terminate the contract with extraordinary effect at the time the amendments take effect.

§ 18 Final Provisions

  1. Applicable Law: The contractual relationship between stylink and the Client shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
  2. Jurisdiction: The exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship shall be Münster, provided that the Client is a merchant, a legal entity under public law, or a special fund under public law.
  3. Assignment: The assignment of rights and obligations arising from the contractual relationship by the Client requires the prior written consent of stylink. Section 354a of the German Commercial Code (HGB) shall remain unaffected.
  4. Written Form Requirement: Amendments and supplements to this contract require written form (email or text form within the meaning of Section 126b BGB is sufficient). This shall also apply to the waiver of this written form clause. No oral side agreements exist.
  5. Severability Clause: Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the valid provision that comes closest to the economic purpose of the invalid provision shall be deemed agreed. The same shall apply in the event of a contractual gap.
  6. Reference: The Client agrees that stylink may name the Client and its brand as a reference customer, unless the Client objects in writing. Upon the Client’s objection, stylink will remove the reference within 30 days.
  7. Force Majeure: Neither party shall be liable for non-performance or delayed performance of its obligations insofar as such non-performance or delay is attributable to force majeure (e.g., natural disasters, war, terrorism, pandemic, governmental measures, failure of telecommunications networks or energy supply, DDoS attacks).

Stand: 23.02.2026

stylink Social Media GmbH
Friedrich-Ebert-Str. 181-183,
48153 Münster, Germany
Managing Director: Michael Elschenbroich
Commercial Register: Amtsgericht Münster, HRB 18156
VAT ID: DE313221267