1. Scope & Parties

(1) These T&Cs apply to all services provided by Brospify related to the conception, design, development and customization of Shopify shops ("Services") for clients.
(2) Our offer is primarily aimed at businesses within the meaning of Section 14 BGB (German Civil Code). If you are a consumer within the meaning of Section 13 BGB, the withdrawal information in Section 11 applies in addition.

2. Service Packages

(1) Brospify offers three packages with defined scopes. The specific content, pricing and timelines result from the respective offer or service description.

2.1 Fixed-Price Package “Quick Update”

Minimum scope of the fixed price:

• at least 8 new sections (Shopify sections)
• at least 1 custom section (individually created by Brospify)
• Implementation of your inputs as well as reasonably possible within the package scope, the theme limitations and the technical capabilities of Shopify (Liquid/JSON, app APIs, editor constraints).

Right to one improvement (one detail only):

• Under the fixed-price package you have exactly one right to request an improvement of one clearly delimited detail (the “Detail Improvement”). This right can be exercised once after acceptance or after first delivery (whichever occurs earlier) and within 7 calendar days thereafter.
• “Detail” means small fine-tuning, e.g. microcopy/text polish, color/spacing tweaks, replacing a single image, a small button variant.
• Not a detail in particular: new sections, substantial layout overhauls, functional or flow changes, app integrations, complex responsive redesigns, performance refactors, or additional templates.

Important limitation (exclusion of out-of-scope inputs):

• If you provide inputs that concern functions/services not included in the fixed-price package, they will not be implemented despite having been provided. Such requests are treated as additional services and require a separate quote (see Section 4). There is no entitlement to implementation within the fixed price.

2.2 Package 2 – [Name, e.g. “Pro Launch”] (placeholder)

• Example scope: [e.g. 12–16 sections], [2–3 custom sections], [basic concept/structure, base components]
• Revision rounds: [e.g. 2 rounds of consolidated feedback]
• Exclusions: [e.g. app costs, complex custom features]

2.3 Package 3 – [Name, e.g. “Scale+”] (placeholder)

• Example scope: [full custom theme adjustments, templates, extended custom sections]
• Revision rounds: [e.g. 3 rounds]
• Optional: [A/B testing, performance sprint, style guide]

3. Client Responsibilities

(1) You will provide in due time: Shopify access (staff/collaborator), content (texts, images, logos), brand guidelines, desired colors/typography, legally required pages (imprint/privacy), and all inputs necessary for implementation.
(2) You warrant that you hold all necessary rights to all provided content, that it is free from third-party rights and may be used lawfully.
(3) Delays due to missing, late, or incomplete cooperation extend deadlines reasonably; additional efforts may be billed separately.

4. Changes Beyond Package Scope (Change Requests)

(1) Any wishes beyond the respective package scope are additional services. They are provided based on a separate quote or at the agreed hourly rate [€ …].
(2) Additional services require confirmation in text form (e.g., email). Third-party costs (apps, licenses, stock material) are borne by you.

5. Process, Timeline & Acceptance

(1) After project start, Brospify will communicate a realistic implementation timeline.
(2) Once a functional version is available, acceptance or consolidated feedback is requested. If no feedback is provided within 5 business days, the service is deemed accepted (unless material defects were reported).
(3) Your right to one Detail Improvement in the fixed-price package (Section 2.1) remains unaffected; further adjustments are additional services (Section 4).

6. Prices, Payment Terms & Default

(1) The prices stated in the offer apply. All prices are net plus VAT.
(2) Invoices are due immediately, payable within [7] calendar days without deduction unless otherwise agreed.
(3) In case of payment default, the statutory default interest applies; Brospify may suspend further performance until payment is received.

7. Rights & Licenses

(1) Upon full payment, Brospify grants a simple, non-exclusive, non-transferable license to use the individually created work results (code/sections/design) for the client’s respective Shopify shop.
(2) Rights to third-party materials (e.g., stock images, fonts, app licenses) remain with the respective rights holders; their use requires separate licenses.
(3) Brospify may reference the work results as a portfolio/reference in a reasonable manner unless legitimate confidentiality interests prevail.

8. Warranty

(1) Brospify warrants that the services conform to the agreed scope.
(2) The warranty does not include any success guarantees (e.g., revenue/conversion increases) or the interplay with third-party services outside Brospify’s control (Shopify updates, app changes, API limits).
(3) Defects must be reported specifically. Brospify shall be given the opportunity for subsequent performance. If this fails twice, statutory rights apply.

9. Liability

(1) Brospify is liable without limitation for intent and gross negligence.
(2) In the event of simple negligence, Brospify is liable only for typical, foreseeable damages; liability for lost profits is excluded.
(3) The limitations do not apply to injury to life, body or health, or to claims under the Product Liability Act.

10. Compatibility, Operation & Updates

(1) Shopify, themes and apps are developed by third parties. Changes may affect functionality.
(2) Ongoing maintenance/updates are not part of the packages unless expressly agreed. Brospify can offer such services for a fee.

11. Right of Withdrawal (Consumers only)

(1) Consumers have a 14-day right of withdrawal from the conclusion of the contract.
(2) If, at your express request, Brospify starts providing services before the withdrawal period expires and this has been confirmed, the right of withdrawal expires for services already rendered; you may owe compensation for value.
(3) Model withdrawal form:

I hereby withdraw from the contract concluded by me for the provision of the following service: [designation]
Ordered on: [date] / Client: [name, address]
Date/signature (only if submitted on paper)

12. Confidentiality & Data Protection

(1) Both parties shall treat confidential information strictly confidential.
(2) Brospify processes personal data in accordance with the privacy notice (see privacy policy). Data processing agreements will be concluded separately where required.

13. Final Provisions

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the client is a merchant, the place of jurisdiction is Brospify’s registered office; Brospify may also sue at the client’s general jurisdiction.
(3) Text form is sufficient for declarations/changes unless statutory written form is required.
(4) Should any provision be invalid, the validity of the remaining provisions shall not be affected. The statutory provision or a provision that comes closest to the economic purpose shall apply instead.