Terms of Service

§ 1 Parties and scope

The provider of the app is David Diallo, handelnd unter „Diallo Media“, Schwachhauser Heerstraße 18, 28209 Bremen, Deutschland, represented by David Diallo (Inhaber) (“we”). The contracting party is the owner of the Shopify store in which the app is installed (“merchant”, “you”).

These terms apply to every plan, including the free one. Deviating terms of the merchant do not become part of the contract, even if we do not expressly object to them.

Shopify's own terms apply in addition. Installation, billing and uninstallation run through the Shopify platform. We have no influence over its availability or its terms.

§ 2 Subject matter

Sparkflow provides two building blocks for a Shopify store's theme: an advent calendar with individually unlockable doors, and a countdown timer. Both are configured through an interface inside the Shopify admin.

The scope also includes automatic creation of per-door discount codes through the Shopify Admin API, reporting on door openings, and writing the configuration into shop metafields so the blocks can run in the theme.

We owe the provision of the software, not a particular commercial outcome. Revenue, reach or conversion targets are not part of the contract.

§ 3 Formation of the contract

The contract for free use is formed when the app is installed in the Shopify store.

A paid plan is formed when you select that plan in the Shopify admin and confirm the charge there. Confirmation is given to Shopify; Shopify then tells us which plan is active.

§ 4 Plans, prices and billing

All prices are in euros and exclusive of any applicable VAT. Billing runs exclusively through Shopify's billing interface and appears on your Shopify invoice.

• The Season Pass is a one-time payment with a limited term. 120 days after purchase the store falls back to the Free plan automatically; the configuration is kept, the paid features are no longer available.
• Monthly and annual plans renew automatically until you cancel them in the Shopify admin or in the app. Cancellation takes effect at the end of the current billing period.
• There is no pro-rata refund unless mandatory law provides otherwise. Refunds are handled by Shopify under its own rules.
• Price changes apply to future billing periods only and are announced in the app at least 30 days in advance. If you do not agree, you may cancel before they take effect.

§ 5 Merchant obligations

• You are responsible for the content you enter into doors, countdowns, custom HTML and custom CSS — including image rights, trademark and competition law.
• You are responsible for the discounts the app creates on your behalf: amount, validity, price display and compliance with price indication rules are yours. We do not check the values you enter for legal admissibility.
• Custom HTML and CSS are filtered on the server before they reach the theme: scripts, event attributes and dangerous CSS instructions are removed, and CSS is scoped to the calendar block. This filtering is a safeguard, not an approval — you remain responsible for the effect of your content.
• You are the controller under the GDPR for the data processed in your store in connection with the app. That includes whether and how you obtain consent for storing the session id in your visitors' browsers.
• You keep your credentials confidential and inform us without delay if you notice misuse.
• You do not attack the app: no automated bulk querying, no circumventing plan limits, no reverse engineering, no sublicensing of its features to third parties outside your own store.

§ 6 Availability

We aim for continuous operation but do not promise any particular availability. There is no agreed service level (no SLA).

Maintenance, incidents at Shopify, at the host or at the database, and events of force majeure can cause interruptions. We announce planned maintenance in advance where possible.

If the app goes down, your store stays reachable. Calendar and countdown are rendered in the theme; the admin interface and the reporting are then temporarily unavailable.

§ 7 Rights in software and content

For the term of the contract we grant you a non-exclusive, non-transferable right to use the app in your Shopify store within the scope of these terms. All other rights in the software remain with us.

The content you enter stays yours. We use it solely to provide the contractually owed service. It is not used for advertising or for training AI models.

§ 8 Warranty

Statutory warranty rules apply to paid plans. Please report defects first through the contact given on this page; we will remedy them within a reasonable period.

For free use we are liable only for intent and gross negligence and for defects fraudulently concealed.

§ 9 Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under product liability law and to the extent of any guarantee given.

For ordinary negligence we are liable only for breach of a material contractual obligation — an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may regularly rely. In that case liability is limited to the typical, foreseeable damage, and at most to the total fees paid for the app in the twelve months before the damaging event.

Liability is otherwise excluded, in particular for lost profit, revenue not realised from a campaign, and indirect damage.

We are not liable for the amount of discount codes you create through the app. You set the percentage and validity yourself and see them before creation. Check created discounts in the Shopify admin.

These limitations also apply to our legal representatives and agents.

§ 10 Term, cancellation, uninstallation

The contract runs for an indefinite period. You may end it at any time by uninstalling the app in the Shopify admin; an active paid plan is additionally cancelled through Shopify.

On uninstall we delete all of your store's data — configuration, clicks and discount records. A second pass runs on Shopify's store deletion signal. Details are in the Privacy Policy and in the Data Processing Agreement.

Back up your configuration beforehand if you want to keep it. We cannot restore it after deletion.

We may terminate the contract on 30 days' notice, and without notice in case of a serious breach of § 5. If we terminate without good cause, we refund fees already paid for unused periods on a pro-rata basis.

§ 11 Data protection

What the app processes is set out in the Privacy Policy. For the data processed in your store in connection with the app, you are the controller and we are the processor.

The Data Processing Agreement under Art. 28 GDPR forms part of these terms and is available through the link in the footer. You enter into it when you install the app.

§ 12 Changes to these terms

We may change these terms where there is an objective reason — a change in the law, new features, or changed Shopify requirements.

Changes are announced in the app at least 30 days before they take effect. If you do not object before they take effect and continue to use the app, they are deemed accepted; we point this out separately in the announcement. If you object, you may end the contract as of the date the changes take effect.

The version currently in force is identified by the date at the top of this page.

§ 13 Governing law and venue

The applicable law is das Recht der Bundesrepublik Deutschland unter Ausschluss des UN-Kaufrechts.

The exclusive venue for all disputes arising from this contract is Bremen, provided you are a merchant, a legal entity under public law or a special fund under public law.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

§ 14 Final provisions

Should any provision of these terms be invalid, the remainder of the contract stays in force. The statutory rule takes the place of the invalid provision.

Amendments and additions require text form. This also applies to the waiver of this form requirement.

Contact

Send questions about these terms to: