Section 1 Scope and business-customer status
These terms and conditions govern the use of the NorthProfit SaaS platform (the “service”) by users (the “user” or “you”).
Using the service requires acceptance of these terms. By registering for and using the service, you accept these terms in full.
The service is directed exclusively at entrepreneurs within the meaning of Sec. 14 German Civil Code (BGB) who enter into the contract in the exercise of their commercial or self-employed professional activity. By registering, the user warrants that they act as an entrepreneur. No consumer right of withdrawal exists.
Section 2 Subject matter of the contract
NorthProfit is a cloud-based software solution (SaaS) for e-commerce merchants and provides the following services:
- Profit/loss and marketing analysis across the respectively available and connected sales channels
- Automatic generation of DATEV-compatible accounting exports
- Calculation and reporting for EU VAT and OSS
- Invoicing, credit notes and dunning
- Transaction, payment and shipment tracking and optional server-side conversion tracking
- Profitability analysis by product, period and shipping zone
Section 3 Registration and account
Users must provide truthful and complete information during registration.
Users are solely responsible for safeguarding their login credentials such as email and password and must treat them confidentially. Unauthorised access must be reported to the provider without delay.
Section 4 Service description and usage rights
NorthProfit is provided as software as a service based on the respective current software version. The scope of available features depends on the booked plan.
For the term of the contract, the provider grants the user a simple, non-exclusive, non-transferable right to use the service as agreed. All rights in the software, including intellectual property rights, remain with the provider. Data introduced by the user and data originating from the user's connected systems remain with the user; the user can export their data during the term.
The provider does not guarantee uninterrupted availability. The quality and accuracy of analyses depends on the quality and completeness of data from connected systems.
Section 5 Warranty
The statutory warranty rights of tenancy law (Sec. 535 et seq. BGB) apply to the provision of the software, with the proviso that the provider's strict (no-fault) liability for defects already existing at conclusion of the contract (Sec. 536a(1) alt. 1 BGB) is excluded.
The user will report defects without delay and reasonably support the provider in analysing and remedying them.
Section 6 Pricing and payment
Subscriptions concluded through Shopify: The plan terms shown to the merchant when selecting and approving the subscription in Shopify apply. Prices, currency, billing interval and any trial period are determined by the approved offer. Billing and subscription management are handled through Shopify. For Shopify billing, these plan terms take precedence over the following direct-channel rules and the price-change rule in Section 11.
Subscriptions concluded directly outside Shopify: Pricing follows the current price list on the website and is understood as net plus applicable statutory VAT. Usage is billed monthly or yearly depending on the selected plan.
Subscriptions concluded directly outside Shopify: Payments are processed through Stripe. In case of late payment, statutory rules apply (Sec. 288 BGB); the provider may also suspend access. Invoices are provided digitally and can be accessed in the account at any time. Price changes are governed by Section 11.
Section 7 Free trial period
Subscriptions concluded through Shopify: Whether a trial period is offered and which conditions apply is determined exclusively by the offer approved in Shopify under Section 6.
Subscriptions concluded directly outside Shopify: New users are entitled to a free 14-day trial period. After that period, the subscription automatically converts into the selected paid plan unless the user cancels beforehand (see Section 8). The automatic conversion is pointed out before the trial ends.
Subscriptions concluded directly outside Shopify: Charges for the next billing cycle then apply. Users may not reuse the free trial across multiple accounts.
Section 8 Term and cancellation
Subscriptions concluded through Shopify: The term and cancellation conditions are determined by the plan terms shown when selecting and approving the subscription in Shopify. The app subscription is managed in the Shopify admin. NorthProfit can be contacted at kontakt@northprofit.eu for billing questions and support. Data deletion and return are governed by the DPA under Section 9; its Shopify deletion deadline is tied to the triggers specified there.
Subscriptions concluded directly outside Shopify: Monthly subscription: runs monthly from the activation date and may be cancelled at any time with 30 days' notice before the end of the billing cycle.
Subscriptions concluded directly outside Shopify: Yearly subscription: runs for one year from the activation date and renews for a further twelve months each time unless cancelled with 30 days' notice before expiry.
Subscriptions concluded directly outside Shopify: Cancellation process: cancellations may be submitted in text form via account settings or by email to kontakt@northprofit.eu. Once the notice period expires, access to the account ends; the subsequent deletion/return of data is governed by the DPA (see Section 9).
Section 9 Data protection and processing
Personal data is processed in line with the privacy policy at /datenschutz. The provider commits to complying with the GDPR and all applicable data protection laws.
Where NorthProfit processes personal data on the user's behalf, the Data Processing Agreement (DPA) at /avv applies in addition and becomes part of the contract upon confirmation at registration. As controller, the user is responsible for obtaining the required consent from their customers and, where relevant, staff.
Section 10 Warranty and liability
No tax advice: NorthProfit is not a tax advisor and does not provide tax advice. Calculated values are for informational purposes only. Users remain solely responsible for correctly fulfilling their own tax obligations.
The provider is liable without limitation for intent and gross negligence, for damage arising from injury to life, body or health, under the Product Liability Act, and to the extent of a guarantee given.
For simple negligence, the provider is liable only for breach of an essential contractual obligation (cardinal obligation) whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the user may regularly rely; in that case, liability is limited to the foreseeable damage typical for the contract and, in amount, to the fees paid by the user in the previous 12 months.
Otherwise, liability is excluded. The above limitations also apply to the personal liability of the provider's legal representatives and vicarious agents. The user is responsible for regularly backing up their data; the accuracy of analyses depends on the quality of data from connected systems.
Section 11 Availability, maintenance and changes to the terms
The provider aims for 99.5% availability on a monthly average, excluding planned maintenance. Force majeure, natural disasters, cyberattacks and similar events do not count as a breach of this target.
The provider may amend these terms with effect for the future where required for objective reasons — in particular changes in law or supreme-court case law, technical or regulatory requirements — and where this does not unreasonably disadvantage the user. Changes to the main contractual obligations and the price-performance ratio are excluded.
Changes are notified at least 30 days before they take effect in text form. If the user does not object within that period, the change is deemed accepted; this and the right to object and cancel are pointed out separately in the notice. If the user objects, either party may cancel as of the effective date.
Subscriptions concluded directly outside Shopify: Price changes are not made by way of deemed consent but announced with 30 days' notice, with a special right of cancellation for the user.
Subscriptions concluded through Shopify: For price changes and Shopify billing, the plan terms under Section 6 take precedence.
Section 12 Final provisions
Applicable law: these terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of jurisdiction: the exclusive place of jurisdiction for disputes arising from or in connection with this contract is Düsseldorf, provided the user is a merchant, a legal entity under public law or a special fund under public law.
Severability: if any provision of these terms is wholly or partly invalid or unenforceable, the validity of the remaining provisions is unaffected. The statutory provisions take the place of the invalid or unenforceable provision.
Declarations (e.g. cancellations of subscriptions concluded directly outside Shopify) require at least text form. Contact: kontakt@northprofit.eu. For the management of subscriptions concluded through Shopify, Section 8 applies.
Section 13 Shopify app and responsibilities
NorthProfit, as the app provider, is solely responsible for the NorthProfit app, including its development, use, marketing, distribution, access and support, and for accessing, using, distributing and storing Shopify merchant data. Liability arising from a merchant's access to or use of the app rests with NorthProfit as provided in Section 10.
Shopify is not liable for faults in the NorthProfit app or harm resulting from its installation or use. Shopify does not provide assistance with installing or using the app, except where Shopify expressly states otherwise. NorthProfit is the app support contact at kontakt@northprofit.eu.