Terms & Conditions

These terms and conditions (“Agreement”) outline the general terms for using the No Boring Shops (NBS) website (“Website” or “Service”) and its associated products and services (collectively, “Services”). This Agreement is a legally binding contract between SILVANDI.Digital GmbH, Joergstr. 29, 80689 München, registered in the Commercial Register HRB: 279944 at Amtsgericht München, and you (“User,” “you,” or “your”).

Throughout this Agreement, “No Boring Shops,” “Company,” “we,” “us,” or “our” refers to SILVANDI.Digital GmbH, the provider of NBS services. By accessing or using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

If you represent a business or other legal entity, you affirm that you have the authority to bind that entity to this Agreement. If you do not have such authority or do not agree with any part of this Agreement, please discontinue use of the Website and Services immediately.

TABLE OF CONTENTS

Our Services
Intellectual Property Rights
User Representations
Purchases and Payment
Subscriptions
Refund Policy
Prohibited Activities
User Generated Contributions
Contribution License
Third-Party Websites and Content
Services Management
Confidentiality
Privacy Policy
Term and Termination
Modifications and Interruptions
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
Miscellaneous
Contact Us

1. Our Services

NBS provides subscription-based eCommerce and marketing solutions to improve Shopify stores’ performance and growth. These Services are not intended for distribution or use by anyone in jurisdictions where such use would be illegal or require additional regulatory compliance. NBS Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). Therefore, if your business is subject to such regulations, you should not use the Services for purposes that require compliance with these standards.

2. Intellectual Property Rights

NBS Intellectual Property

NBS retains all rights, title, and interest in and to its proprietary tools, platforms, software, website design, source code, functionality, branding, methodologies, know-how, templates, and any pre-existing materials developed prior to or independently of the engagement (collectively, “NBS IP”). NBS IP is protected by applicable copyright, trademark, and other intellectual property laws and is licensed to the Client solely for internal business use in connection with the Services. No rights in NBS IP are transferred to the Client except as expressly provided herein.

Client Work Product

All deliverables, content, and materials specifically created for the Client under the Agreement and in consideration of full payment (“Work Product”) shall be deemed “works made for hire” to the extent permitted by law and shall be the sole and exclusive property of the Client. To the extent any Work Product does not qualify as a “work made for hire,” NBS hereby assigns to the Client all rights, title, and interest in and to such Work Product.

NBS Reference Rights

Notwithstanding the foregoing, the Client grants NBS a perpetual, non-exclusive, royalty-free, worldwide license to reference, display, and reproduce the Work Product (in whole or in part) for marketing, portfolio, and case study purposes, provided that any confidential or proprietary information of the Client is removed or anonymized.

Restrictions

The Client shall not use NBS IP outside the scope of the Agreement without NBS’s prior written consent. NBS shall not use the Client’s Work Product for any commercial purpose beyond the rights expressly granted above.

3. User Representations

By using NBS services, you confirm that:

You have the legal capacity to enter into this Agreement and agree to comply with all terms.
You are of legal age in your jurisdiction.
You will access the Services manually and not through automated methods such as bots or scripts.
You will not use the Services for unlawful or unauthorized purposes.
Your use of the Services complies with all relevant laws and regulations.

4. Purchases and Payment

NBS accepts payments via Visa, Mastercard, American Express, and PayPal through our payment processor. You agree to provide current, complete, and accurate account information and promptly update it as needed for transactions and communication.

All purchases are subject to applicable taxes, and prices may change at any time. You authorize NBS to charge your payment method for all agreed-upon fees, and we reserve the right to correct pricing errors after payment if necessary.

5. Subscriptions

Billing and Renewal
Your NBS subscription will continue and renew automatically unless canceled. By subscribing, you authorize us to charge your payment method on a recurring basis without prior approval for each charge, based on your selected billing cycle.

Cancellation
You may cancel your subscription at any time through your customer portal. Cancellation becomes effective at the end of the current billing term. For questions or assistance, please reach out to hello@noboringshops.com.

Fee Changes
NBS may update subscription fees periodically. We will inform you of any changes in advance, in compliance with applicable law.

6. Refund Policy

All sales are final and no refund will be issued.

You have the flexibility to cancel or request us for a pause of your service subscription anytime. We stand behind the quality of service we deliver and will work tirelessly to ensure your success and satisfaction. However, we also understand unforeseen situations can arise for our clients.

If for any reason you feel our collaboration is not the right fit or are unhappy with campaign outcomes, please reach out immediately so we can have an open conversation.

Refund eligibility is evaluated on a case-by-case basis (and can be considered only if contacted within 3 days post auto-subscription renewal).

7. Prohibited Activities

NBS services are intended solely for approved eCommerce purposes. By using NBS, you agree not to:

Misuse Data and Content: Avoid systematically retrieving, copying, aggregating, or compiling data or content from NBS without express written permission.
Engage in Deceptive Practices: Do not mislead, impersonate others, or attempt to gain unauthorized access to accounts or sensitive information.
Circumvent Security Features: Refrain from bypassing, disabling, or interfering with security features, including those that restrict copying or protect access.
Upload Harmful or Excessive Content: Do not upload viruses, malware, Trojan horses, or spam, or post repetitive content that disrupts the service for others.
Use Automated Systems: Avoid using bots, scripts, data mining tools, or any automated systems to access, monitor, or interact with NBS.
Unauthorized Framing or Linking: Do not engage in unauthorized framing or linking to NBS content.
Deploy Passive Collection Mechanisms: Refrain from using tracking pixels, spyware, cookies, or other information collection tools without permission.
Engage in Harassment or Threats: Respect other users and NBS personnel, avoiding any form of harassment, intimidation, or abusive behavior.
Attempt to Reverse Engineer: Do not decipher, decompile, or reverse-engineer any part of NBS software.
Unauthorized Commercial Use: Do not use NBS to generate revenue, compete with us, or engage in activities outside your approved business purposes.
Transfer or Sell Profile: Your NBS profile is personal to you and may not be sold or transferred.

8. User Generated Contributions

NBS does not generally offer the ability for users to post content. However, if provided an option to submit, display, or transmit content—such as comments, suggestions, or other materials (“Contributions”)—any such submissions are governed by our Privacy Policy.

User Responsibilities for Contributions:

By providing Contributions, you affirm that:

You own or have obtained all necessary rights, licenses, and permissions to share the Contributions.
Your Contributions do not infringe on any third-party rights, including copyright, trademarks, privacy, or other intellectual property.
Your Contributions are not misleading, inaccurate, unsolicited advertising, or otherwise prohibited content.
Your Contributions do not include unlawful, offensive, defamatory, or discriminatory material, nor do they harass or threaten individuals.
Contributions comply with all applicable laws and do not contain harmful or inappropriate content.

Any violation of these terms may lead to suspension or termination of access to NBS services.

9. Contribution License

NBS may access, store, process, and use any information or personal data you provide in accordance with our Privacy Policy and your selected preferences.

Feedback and Suggestions
By submitting feedback, suggestions, or other input on NBS services, you grant us the right to use this information for any purpose without compensation.

Ownership of Contributions
You retain full ownership and intellectual property rights for any content you provide (“Contributions”) on the NBS platform. NBS does not claim ownership over your Contributions and is not responsible for any statements or representations within them. You agree to take full responsibility for your Contributions and release NBS from any related liability.

10. Third-Party Websites and Content

NBS services may contain links to third-party websites or content (“Third-Party Content”) such as articles, images, software, and other media. NBS does not monitor or verify the accuracy, reliability, or policies of these Third-Party Websites or Content, nor do we endorse them.

If you choose to access or use Third-Party Content, you do so at your own risk, as these Legal Terms no longer apply. We encourage you to review the terms and privacy policies of any third-party sites you visit. Any purchases or agreements you make through Third-Party Websites are solely between you and the third party, and NBS holds no responsibility for such transactions.

You agree to release NBS from any harm or loss resulting from your use of Third-Party Content or interactions with Third-Party Websites.

11. Services Management

NBS reserves the right, but not the obligation, to:

Monitor Compliance: Review usage of the Services to ensure adherence to these Legal Terms.
Enforce Legal Action: Take appropriate action, including reporting users to authorities, if we identify violations of the law or these Terms.
Restrict or Remove Access: Limit, disable, or restrict access to Contributions or other content that violates these Terms or impacts service performance.
Manage System Load: Remove or disable files that are excessively large or burdensome to NBS systems.
Protect Service Integrity: Make management decisions to protect NBS’s rights, property, and ensure the proper functionality of the Services.

12. Confidentiality

Each party (“Receiving Party”) agrees to keep strictly confidential all non-public, proprietary, or commercially sensitive information disclosed by the other party (“Disclosing Party”) in connection with this Agreement, whether in oral, written, electronic, or any other form (“Confidential Information”).

The Receiving Party shall:

Use Confidential Information solely for the purpose of fulfilling its obligations under this Agreement;
Not disclose Confidential Information to any third party without the Disclosing Party’s prior written consent, except to its employees, contractors, or professional advisors who have a legitimate need to know and are bound by equivalent confidentiality obligations;
Take reasonable measures to protect the confidentiality and prevent unauthorized use or disclosure.

The obligations of confidentiality shall not apply to information that the Receiving Party can demonstrate:

Was already lawfully known or independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information;
Is or becomes publicly available through no fault or breach of this Agreement;
Is lawfully obtained from a third party without breach of any confidentiality obligation; or
Is required to be disclosed by law, regulation, or court order, provided that the Receiving Party promptly notifies the Disclosing Party (where permitted by law) and cooperates in seeking a protective order or other appropriate remedy.

These confidentiality obligations shall remain in effect during the term of this Agreement and for three (3) years following its termination or expiration.

13. Privacy Policy

We prioritize data privacy and security. Please review our Privacy Policy at https://noboringshops.com/privacy-policy. By using NBS services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

NBS services are hosted in Germany. If you access the Services from outside this region, you consent to the transfer and processing of your data in Germany, where local data protection laws apply.

14. Term and Termination

These Terms remain effective as long as you use NBS services. NBS reserves the right, at our sole discretion and without prior notice, to restrict, suspend, or terminate your access to the Services for any reason, including but not limited to violations of these Terms or applicable laws. This may include blocking IP addresses or removing content you have posted.

If your account is terminated or suspended, you may not create a new account under your name, a fake name, or another third party’s name, even if acting on their behalf. In addition to termination, NBS may pursue appropriate legal action, including civil, criminal, or injunctive measures as necessary.

15. Modifications and Interruptions

NBS reserves the right to modify, update, or remove any aspect of the Services at any time without prior notice. While we aim to maintain continuous availability, we cannot guarantee uninterrupted access and may experience technical issues, require maintenance, or make updates that may cause delays or interruptions.

NBS is not liable for any loss, damage, or inconvenience caused by such downtime or modifications. Nothing in these Terms obligates us to maintain or support the Services, or to provide updates, corrections, or new releases.

16. Governing Law

These Terms and your use of NBS services are governed by and construed in accordance with the laws of Germany. All agreements and disputes related to these Terms fall under the exclusive jurisdiction of German courts.

17. Dispute Resolution

Informal Negotiations
To streamline dispute resolution, both parties agree to first attempt to resolve any dispute related to these Terms (“Dispute”) through informal negotiation for at least thirty (30) days before proceeding with formal arbitration. Written notice from one party to the other initiates this process.

Binding Arbitration
If a Dispute cannot be resolved informally, it will be submitted to binding arbitration in accordance with the rules of the German Institution of Arbitration (DIS). The seat of arbitration will be Munich, Germany, and the proceedings will be conducted in German. Applicable rules of substantive law will be German law.

Restrictions
Arbitration will be limited to individual disputes between the parties. To the fullest extent permitted by law, (a) no arbitration shall be combined with another proceeding; (b) disputes will not be arbitrated on a class-action basis; and (c) claims cannot be made on behalf of the general public or other parties.

Exceptions to Negotiation and Arbitration
The following Disputes are exempt from informal negotiation and arbitration: (a) those related to intellectual property rights, (b) those involving allegations of theft, privacy violations, or unauthorized use, and (c) requests for injunctive relief. If these provisions are deemed illegal or unenforceable, affected Disputes will be resolved in German courts.

18. Corrections

NBS reserves the right to correct any typographical errors, inaccuracies, or omissions in the Services, including descriptions, pricing, and availability. We may update or change information on the Services at any time without prior notice.

19. Disclaimer

NBS SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO GUARANTEES REGARDING THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR LINKED THIRD-PARTY CONTENT. NBS IS NOT LIABLE FOR ANY (1) ERRORS OR INACCURACIES, (2) PERSONAL INJURY OR PROPERTY DAMAGE FROM ACCESSING THE SERVICES, (3) UNAUTHORIZED ACCESS TO OUR SERVERS OR STORED DATA, (4) INTERRUPTIONS, (5) TRANSMISSION OF VIRUSES OR HARMFUL ELEMENTS, OR (6) ERRORS IN CONTENT. NBS DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR PRODUCTS OR SERVICES ADVERTISED BY THIRD PARTIES ON OUR SERVICES.

EXERCISE CAUTION AND GOOD JUDGMENT WHEN ENGAGING IN TRANSACTIONS OR USING ANY THIRD-PARTY CONTENT LINKED TO OR ADVERTISED WITHIN OUR SERVICES.

20. Limitations of Liability

IN NO EVENT SHALL NBS, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR LIABILITY TO YOU FOR ANY CAUSE, REGARDLESS OF THE FORM OF ACTION, WILL BE LIMITED TO THE AMOUNT YOU PAID TO NBS DURING THE ONE (1) MONTH PERIOD BEFORE THE CAUSE OF ACTION AROSE. CERTAIN LAWS MAY NOT PERMIT THESE LIMITATIONS, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

21. Indemnification

You agree to defend, indemnify, and hold NBS, including its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any loss, damage, liability, claim, or demand (including reasonable attorney fees) arising from: (1) your use of the Services; (2) your breach of these Terms; (3) any misrepresentation or warranty breach by you; (4) your violation of third-party rights, including intellectual property; or (5) any harmful act toward another user through the Services.

NBS reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense. We will make reasonable efforts to notify you of any such claim or action.

22. User Data

NBS will maintain certain data you transmit to the Services to manage performance and track usage. While we perform regular backups, you are solely responsible for any data you submit or generate while using the Services. NBS is not liable for any data loss or corruption, and you waive any right of action against us for such incidents.

23. Electronic Communications, Transactions, and Signatures

By using NBS Services, you consent to receive electronic communications and agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement for written communication. You agree to the use of electronic signatures, contracts, orders, and records, and accept electronic delivery of notices, policies, and transaction records. You waive any rights or requirements for original signatures, physical delivery, or retention of non-electronic records unless specifically required by law.

24 Miscellaneous

These Terms and any policies posted by NBS on the Services constitute the entire agreement between you and NBS. Failure to exercise or enforce any provision of these Terms does not waive NBS’s right to enforce it later. These Terms apply to the fullest extent allowed by law, and NBS may assign its rights and obligations at any time.

NBS is not liable for delays or failures caused by factors beyond its control. If any part of these Terms is found unlawful or unenforceable, the remaining provisions remain valid. These Terms do not create any partnership, joint venture, employment, or agency relationship between you and NBS. You agree that these Terms will not be interpreted against NBS for having drafted them, and you waive any defenses related to the electronic form or lack of signatures.

25. Contact Us

For questions about the Services or to address a complaint, please contact us by email at support@noboringshops.com, by phone at +49.89.95458654, or by mail at SILVANDI.Digital GmbH, Joergstr. 29, 80689 München, Germany.