Terms of Service for Kartuu

Terms for the use of the Shopify app Kartuu by merchants.

This is an English translation. The legally binding version is the German one, the Nutzungsvertrag. This translation is provided for your convenience; where the two differ, the German version prevails.

§ 1 Contracting parties and subject matter

The provider is

KYTH. Systems UG (haftungsbeschränkt)
Prof.-Mederer-Straße 4, 92348 Berg, Germany
Local Court (Amtsgericht) Nürnberg, HRB 46313
Represented by its managing directors Stefan Grasse and Stephan Wittmann
Email: hello@kyth.systems

– hereinafter KYTH.

The contracting party is the operator of a Shopify shop who installs Kartuu in that shop – hereinafter the merchant.

Kartuu is intended exclusively for businesses within the meaning of section 14 of the German Civil Code (BGB). The app is provided to shop operators through the Shopify App Store and requires a Shopify shop.

§ 1a Relationship to Shopify

Kartuu is an app by KYTH, not by Shopify.

• KYTH alone is responsible for Kartuu.
• Shopify is not liable for any fault in Kartuu or for any harm that may result from installing or using Kartuu.
• Shopify does not provide assistance with installing or using Kartuu, except where Shopify expressly says so.
• KYTH alone is responsible for any liability that may arise from the merchant's access to or use of Kartuu; its extent is governed by § 11.

§ 2 What Kartuu does

Kartuu is an application that makes gift vouchers sellable in the merchant's shop and generates and delivers the vouchers sold. In detail:

• Setting up a voucher product in the merchant's shop, including variants and the associated metafields.
• Designing the voucher card – the merchant's template, colours, lettering, logo and picture.
• Receiving paid orders via the Shopify webhook orders/paid. Only a line item whose product the merchant has set up in Kartuu as a voucher product counts as a voucher; if other products carry Kartuu details, the merchant decides in the app (“Check product”). If the order is cancelled or fully refunded before the voucher is issued, no voucher is created.
• Generating the voucher: a voucher code, a Shopify gift card in the merchant's shop and a PDF in the chosen design.
• Delivery through the mail account the merchant sets up themselves, and through a claim page whose address is made known with the voucher. If the buyer has chosen a preferred date, Kartuu holds the delivery back until then; the merchant can bring it forward in the app (“Send now”).
• Deactivating the Shopify gift card when the merchant cancels or refunds the order – after a partial refund, or for a card that has already been partly redeemed, only when the merchant chooses to do so in the app.
• An overview of the status of all vouchers in the shop's admin.

The scope of services booked in each case follows from the plan description in the Shopify App Store and in the app.

§ 3 What Kartuu does not do

• Kartuu does not run its own sending of voucher emails. They are handed in exclusively through the mail account the merchant sets up. If the merchant sets up none, Kartuu sends no voucher emails; the voucher remains available for retrieval, and handing it over to the recipient is the merchant's responsibility. KYTH itself writes to the merchant from its own mailbox only with the notices named in section 5.3 of the privacy policy – among them, once after installation, the setup email with the steps still missing before the first voucher sale – and sends no marketing.
• Kartuu does not keep balances. The balance of a gift card is read from Shopify and displayed at the merchant's request, but not stored. What is still available on a gift card is recorded by Shopify alone.
• Kartuu does not keep the PDF files it generates. They are created when the voucher is generated and discarded after delivery; they can be generated again from the stored details.
• Kartuu does not back up uploaded pictures. They are stored outside the database and are not covered by the daily database backup. If they are lost, the cards lack the picture; all other details remain complete.

§ 4 Conclusion of the contract

The contract is concluded when the merchant installs Kartuu in their Shopify shop and, in the app's setup process, agrees to these terms of service, the privacy policy and the data processing agreement.

KYTH records which version the merchant agreed to and when. If one of these versions changes, it is delivered with a new identifier. Whoever installs the app afterwards agrees to it; a merchant who agreed to an earlier version is asked for consent again before a change affects their data, or the version takes effect under § 0.3 of the data processing agreement.

§ 5 Fees and billing

Billing runs entirely through Shopify. The merchant books the plan in the Shopify admin; Shopify invoices the amounts as part of its own billing relationship with the merchant and pays them out to KYTH. KYTH does not issue its own invoices to the merchant and does not collect payments.

The current plan and its price are shown in the Shopify App Store; the booking itself takes place on a page hosted by Shopify, where both are shown before confirmation. Shopify's terms apply to means of payment, invoicing, tax statements and dunning.

Without a booked plan, the paid scope of services is not available.

Plan with a revenue share (“Kartuu Free”). On this plan there is no monthly base fee. The remuneration is the percentage stated in the Shopify App Store of the value of each voucher Kartuu issues for the merchant. It is measured by the voucher's face value, for service vouchers by the selling price of the line item, in each case without deducting discounts and converted into US dollars at the reference rate of the European Central Bank on the day of the report. What counts is the plan at the time of the order. Test orders do not count. There is no upper limit on this plan.

If a voucher is cancelled, the remuneration for it lapses: within the current billing period by a correction at Shopify, afterwards by offsetting it against the remuneration for the next vouchers. There is no payout; any remainder not offset lapses when the merchant changes to another plan or the contract ends. If the merchant keeps the card after a partial refund, or if it has already been partly redeemed, the remuneration stands.

Promo codes. KYTH may issue promo codes, which the merchant redeems under Settings. A shop redeems at most one code, and only within the period announced with the code. KYTH grants the discount through the discount function Shopify provides for app plans: KYTH enters it manually for the shop as soon as a plan has been booked there; Shopify confirms it to the merchant. It applies for the number of billing periods stated with the code, and during a running trial from the first billing after it. If the merchant changes plans or reinstalls Kartuu, Shopify may end the discount. If an offer is limited to a number of shops, KYTH decides when entering it, in the order of redemption. There is no entitlement to a cash payment.

§ 6 Trial period

The trial period shown in the App Store begins when the plan is booked and is managed by Shopify. If the plan is cancelled during the trial period, no obligation to pay arises. This contract applies in full during the trial period as well.

§ 7 Obligations and responsibility of the merchant

• The merchant is the controller under data protection law for the data of their customers. KYTH processes it on the merchant's behalf; the details are governed by the data processing agreement.
• The merchant ensures that they are entitled to use the pictures and texts they upload and that these do not infringe any third-party rights.
• The merchant is responsible towards their customers for the redeemability and the terms of the vouchers they issue, including their period of validity, their tax treatment and their redemption.
• If the merchant sets up a mail account, they are responsible for its operation and its permissibility. User name and password are stored encrypted and never delivered again; mail server, port, sender and reply-to address are stored unencrypted and shown to the merchant again in the app.
• The merchant keeps their contact address up to date.

§ 8 Availability

KYTH operates Kartuu with the care of a prudent businessperson and keeps the technical set-up at the level described in Annex 2 of the data processing agreement – among other things, a daily, encrypted database backup with a check that it can be restored.

No particular availability is promised. Since 24 September 2026, a computer outside the data centre checks every minute whether Kartuu and its database respond and alerts KYTH to an outage; no promise of availability follows from this. Maintenance work and faults can lead to interruptions.

Kartuu requires the Shopify shop to be in operation. Outages or changes on Shopify's side are outside KYTH's sphere of influence.

§ 9 Data protection

The processing of personal data is governed by the privacy policy and the data processing agreement. Both form part of this contract. In the event of contradictions, the data processing agreement takes precedence over these terms of service insofar as processing on behalf is concerned.

Where the privacy policy bases processing on “Art. 6(1)(b) GDPR (terms of service)”, this contract is meant.

§ 10 Term and termination

The contract runs for an indefinite period.

The merchant can end it at any time by uninstalling the app in their shop or by cancelling the plan through Shopify. No notice period applies. Billing for the current period follows Shopify's terms. KYTH learns from Shopify the reason the merchant gives in Shopify's dialog when uninstalling; what happens with it is set out in section 5.3 of the privacy policy.

KYTH can terminate the contract with 30 days' notice to the end of a month. The right to terminate for good cause remains unaffected; good cause exists in particular if the merchant uses Kartuu for unlawful purposes.

Notwithstanding this, processing on behalf ends only with uninstallation (§ 1.4 of the data processing agreement). If the merchant only cancels the plan, the app remains installed, and the data processing agreement covers the processing that continues.

Deliveries with a preferred date are no longer carried out after uninstallation. If a buyer has chosen a day on which the voucher is to reach the recipient, Kartuu holds the delivery back until then (§ 2, delivery). With uninstallation, Shopify withdraws Kartuu's access to the shop; a delivery still outstanding then no longer goes out, even if it has already been paid for. Before uninstalling, the merchant sees in the app how many deliveries are still outstanding and when the next one would be due, and can download the corresponding PDF files and hand them over themselves, or send the deliveries beforehand with “Send now”. If the app is installed again before the shop's data has been deleted – as a rule within 48 hours, see below –, outstanding deliveries are carried out again; after that, the data needed for them has been deleted.

Vouchers already issued remain valid. A gift card that Kartuu has created in the merchant's shop belongs to that shop; it is neither deactivated nor changed by a termination or by uninstallation. The page on which a recipient can view their card and download it as a PDF disappears with the shop's data – as a rule 48 hours after uninstallation, at the latest 30 days afterwards. A PDF that has already been sent is not affected.

What happens to the data is governed by § 9.1 to § 9.3 of the data processing agreement: the access tokens are removed immediately on uninstallation; the other data is deleted when Shopify delivers the deletion webhook, but at the latest after the period stated there. Anyone who wants their data handed over must say so before uninstalling (§ 9.2 of the data processing agreement); after that, it is as a rule deleted after 48 hours.

§ 11 Liability

KYTH is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz) and insofar as KYTH has given a guarantee.

In the case of slight negligence, KYTH is liable only for the breach of an essential contractual obligation – an obligation whose fulfilment makes the performance of the contract possible in the first place and on whose observance the merchant may rely –, and then only for the damage that was foreseeable and typical for this type of contract when the contract was concluded.

Liability towards data subjects under the GDPR remains unaffected.

Attention is drawn to § 3: There is no backup of the uploaded pictures.

§ 12 Changes to this contract

KYTH may change this contract where this is necessary to adapt it to changed services, to changes at Shopify or to a changed legal situation. The changed version is delivered with a new identifier and presented to the merchant in the app for consent. If the merchant does not agree, they can end the contract under § 10; without consent, the changed version does not take effect.

§ 13 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for all disputes arising from this contract is KYTH's registered office (Berg, Germany), insofar as the merchant is a trader (Kaufmann) within the meaning of the German Commercial Code or has no general place of jurisdiction in Germany. KYTH may also sue the merchant at the merchant's general place of jurisdiction.

Should a provision of this contract be invalid, the remainder of the contract remains effective.

There are no side agreements. Changes require text form.