Draft. This document is a template under legal review and is not yet in force. Highlighted fields are still to be filled in.

End User Licence Agreement (EULA)

§ 1. Parties and conclusion of the Agreement

  1. This licence agreement ("Agreement") is concluded between:
    • SEMownia Szymon Sanecznik, ul. Twarda 44, 00-831 Warszawa, tax ID (NIP) 6422931698, REGON 241319812, entered in CEIDG (Polish Central Register of Business Activity) under number SELLER_REGISTER_NO, email [email protected], phone +48 792 250 586 ("Licensor" or "Seller"), and
    • the natural person, legal person or organisational unit that installs, activates or uses the TellMyShop module for PrestaShop or the TellMyShop plugin for WordPress ("Licensee").
  2. A person accepting the Agreement on behalf of a business or other organisation declares that they are authorised to represent it.
  3. The Agreement forms a whole with the Terms of Sale, the Privacy Policy, the Data Processing Agreement and the Refund and Support Policy. In matters of the licence itself, the Agreement prevails. In matters of purchase, payment, withdrawal from the contract and complaints, the Terms of Sale prevail.
  4. The Licensee accepts the Agreement by ticking the acceptance box at purchase, when creating an Account for TellMyShop Free, or by installing or activating the Module, whichever happens first.
  5. The Licensor sells paid licences (TellMyShop Pro) only to businesses that provide a tax ID (NIP) or an EU VAT number when ordering, in accordance with the Terms of Sale. The Licensor does not conclude agreements for paid licences with Consumers within the meaning of art. 22¹ of the Polish Civil Code. This does not limit the rights of a sole trader with consumer protection (art. 38a of the Polish Consumer Rights Act). TellMyShop Free is available to everyone, including Consumers.

§ 2. Definitions

TermMeaning
ModuleThe TellMyShop software in the downloaded version, together with the documentation and the Updates to which the Licensee is entitled: the TellMyShop module for PrestaShop (MODULE_NAME) or the WordPress Plugin.
WordPress PluginThe TellMyShop plugin for WordPress (also with WooCommerce), made available under the GNU GPL licence, version 2 or later (§ 3a).
PlatformPrestaShop or WordPress (with or without WooCommerce).
AccountThe customer account on the Website at https://tellmyshop.com/account.
WebsiteThe Licensor's website at https://tellmyshop.com.
Technical DocumentationThe Module's documentation published on the Website at https://tellmyshop.com/docs and displayed in the Module panel, which forms an integral part of the Agreement (§ 12(1)).
Licence KeyA character string that activates the Module on a Production Domain. The same Licence Key works on every Platform.
TellMyShop FreeThe free version of the Module, for reading the store only (§ 4).
TellMyShop ProThe paid version of the Module, made available under paid Plans.
PlanThe type of licence purchased: Shop (1 Production Domain), Freelancer (5), Agency (25), Founders (1), or the free version TellMyShop Free (1). Additional domains purchased increase the number of domains in the Plan.
Production DomainThe public domain of a live PrestaShop store or WordPress site, normalised: lowercase, without www., in punycode. www.example.com and example.com are one Production Domain.
Development DomainA domain used only for development, testing or staging, in accordance with § 5.
UpdatesNew versions of the Module published by the Licensor (fixes, new features, compatibility releases).
Updates PeriodThe period in which the Licensee may download Updates and use email support (§ 7).
AreasThe groups of Module functions by which the Module saves changes in the store: Content & SEO, Catalog, Commerce, Theme, Plugins/Modules and Service (§ 12).
Write SwitchesSettings in the Module panel that unlock writing in the Commerce, Theme, Plugins/Modules and Service Areas. Write Switches do not change the scope of reading.
Permanent BlocksStore data and functions excluded from the Module's operation regardless of the settings (§ 12(1)).
ClaudeThe AI assistant provided by Anthropic PBC or its affiliates ("Anthropic"), a third party not connected with the Seller.
ConsumerA natural person performing a legal act with a business that is not directly connected with their business or professional activity (art. 22¹ of the Polish Civil Code), and also a person to whom the consumer provisions apply (in particular a sole trader with consumer protection within the meaning of art. 7aa and art. 38a of the Polish Consumer Rights Act).
BusinessA Licensee that is not a Consumer.

§ 3. Grant of licence

  1. Upon payment of the full price for the Plan, the Licensor grants the Licensee, subject to § 3a for the WordPress Plugin, a non-exclusive, non-transferable (subject to § 8 and § 9) licence for an indefinite period to use the Module on the number of Production Domains covered by the Plan and on Development Domains in accordance with § 5.

  2. A perpetual licence means that the right to use the versions of the Module that the Licensee was entitled to download does not expire with the passage of time. It expires only if the Agreement is terminated in accordance with § 17. The Updates Period runs independently (§ 7): after it ends, the Module continues to work in the last downloaded version.

    LAWYER: under art. 68(1) of the Polish Act on Copyright and Related Rights ("PrAut"), a licence for an indefinite period may be terminated by the licensor with one year's notice to the end of a calendar year, unless the agreement provides otherwise; under art. 68(2), a licence granted for more than 5 years is deemed, after that time, to be granted for an indefinite period. § 17(4) excludes termination without cause. Please confirm that this structure achieves a "perpetual licence", or propose a long fixed term.

  3. The licence covers the following fields of exploitation, only to the extent necessary to use the Module in accordance with its intended purpose:

    1. downloading the Module and permanently or temporarily reproducing it in the memory of the Licensee's devices and servers;
    2. installing, loading into memory, running, displaying and applying the Module in a PrestaShop or WordPress installation on a licensed domain;
    3. making backup copies in the number necessary to ensure data security;
    4. changing the Module's configuration through its settings screen;
    5. adapting the Module's templates using the standard override mechanism in the PrestaShop theme.

    LAWYER: fields of exploitation under art. 41(2), art. 67(1) and art. 74(4) PrAut. Please check completeness.

  4. One PrestaShop installation or one WordPress installation uses one Production Domain from the Plan. Changing the Platform on the same Production Domain is not a transfer of the licence within the meaning of § 8. The Licensor currently does not promise that one licence covers all shops of one multistore installation TBC: plugin code. Until written confirmation, each shop domain in a multistore installation is a separate Production Domain. The same applies to each domain in a WordPress multisite network.

  5. All rights not expressly granted in the Agreement remain with the Licensor. The Licensee does not acquire the economic copyrights to the Module or ownership of its copy beyond the downloaded copy.

§ 3a. WordPress Plugin: GPL licence

  1. The Licensor makes the code of the WordPress Plugin available under the GNU General Public License, version 2 or later (GPL). The text of the licence is included in the package. The Licensee may use, read, modify and distribute the code of the WordPress Plugin on the terms of the GPL; the Agreement does not limit these rights.

  2. With respect to the WordPress Plugin, the subject of the Agreement and of the price for the Plan are: the Licence Key, which enables saving changes and the other paid functions of the WordPress Plugin on the Production Domains in the Plan, Updates and support during the Updates Period, and access to the packages in the Account.

  3. § 3(2) and (4) and § 4 to § 20 apply accordingly to the WordPress Plugin, except for § 3(3) and (5) and § 10(1) points 2, 3, 6 and 7 and § 10(2), which do not concern the code of the WordPress Plugin.

  4. A Licensee who modifies the code of the WordPress Plugin or removes or circumvents the licence verification retains the GPL rights to the modified code, but support covers only unmodified versions made available by the Licensor. Sharing or reselling the Licence Key remains prohibited (§ 10(1) point 1).

  5. The name "TellMyShop" and the TellMyShop logo are not covered by the GPL. When distributing a modified WordPress Plugin, the Licensee may not use them in a way that suggests that it comes from the Licensor.

    LAWYER: confirm the structure "GPL code, paid key, updates and support" and the effects of a refund of the price (§ 17(5)) where the code is under the GPL.

§ 4. Free version TellMyShop Free

  1. TellMyShop Free is free of charge, has no time limit and requires an Account. It covers one Production Domain and is provided as a separate package (TellMyShop Free) that contains only functions that read the store, in particular: shop information, SEO audit, 404 report, logs, shop health check and product visibility diagnosis. TellMyShop Free does not save changes in the store. Moving to the paid version TellMyShop Pro consists of uploading the paid package; settings and history are kept.
  2. § 3(2) to (5), § 5 and § 10 to § 20 apply to TellMyShop Free. § 7 applies with the proviso that the Licensor provides Updates to TellMyShop Free at its own discretion, and support is limited to documentation and community channels.
  3. The Licensor may at any time change TellMyShop Free or stop making it available to new users. It will notify existing users of the discontinuation by email at least 30 days in advance TBC: plugin code: behaviour of the Module after TellMyShop Free is withdrawn.
  4. TellMyShop Free is also made available to Consumers, in exchange for the personal data provided when creating the Account. The provisions on the conformity of digital content with the contract in chapter 5b of the Polish Consumer Rights Act and in Directive (EU) 2019/770 apply to a Consumer using TellMyShop Free (§ 7(4), § 15(1), § 16(1)).

§ 5. Development and staging domains

  1. In addition to the Production Domains, the Licensee may use the Module free of charge on the following Development Domains:
    1. localhost, 127.0.0.1 and addresses in private IP ranges;
    2. domains ending in .local, .localhost, .test, .example or .invalid;
    3. subdomains of a licensed Production Domain starting with dev., staging., stage., test., demo., preprod. or beta. (for example staging.example.com when the licence covers example.com);
    4. up to 3 additional domains registered in the Account as development domains, for each licence;
    5. temporary addresses of the test environments of popular hosting providers, in particular WordPress hosting, according to a list kept on the licence server side TBC: E6, list of domains.
  2. Domains in the .dev TLD are public domains and are not automatically treated as Development Domains.
  3. Development Domains may be used only for development work, testing, staging, demonstrations or training. They may not serve a live store that accepts orders. Such a store requires a Production Domain from the Plan.
  4. The Licensor may update the list in para. 1 on the licence server side to include new standard development environments. Removing a category in para. 1 points 1 to 3 for existing licences requires 30 days' advance notice.
  5. Claude.ai connects to the store over the internet, so a staging store must have a public address to work with Claude.ai. A copy of the store on the Licensee's computer works with Claude Desktop or Claude Code.

§ 6. Founders licences

  1. Founders licences are Shop licences (1 Production Domain) sold at a reduced price to the first 100 (100) buyers. They include lifetime Updates.
  2. "Lifetime" means: for as long as the Licensor (or its legal successor) develops and distributes the Module, and in any case for at least FOUNDERS_MIN_YEARS years from the date of purchase. The term refers to the life of the product, not to the life of the Licensee.
  3. If the Licensor stops developing and distributing the Module before the minimum period ends, it will, at the Licensee's choice: (a) refund the part of the price proportional to the remaining part of the minimum period, or (b) provide equivalent lifetime updates for a successor product. LAWYER: please confirm or replace this mechanism.
  4. A Founders licence includes email support on the terms of the Shop Plan for the entire duration of the lifetime Updates.
  5. The Licensor may ask Founders buyers for feedback or a short case study. Giving feedback is voluntary and is not a condition of the licence or of the price. When publishing feedback, the Licensor will indicate that it comes from a customer of the Founders programme.
  6. A Founders licence may be transferred in accordance with § 9 like any other licence. Lifetime Updates pass with the licence.

§ 7. Updates Period, support and renewal

  1. Each paid Plan (except Founders, see § 6) includes 12 months of Updates and email support, counted from the date of purchase.
  2. During the Updates Period the Licensee may download all published Updates. After it ends, the Module continues to work in the last downloaded version, and downloading newer versions requires renewal.
  3. Renewal is optional and gives another 12 months of Updates and support at the price shown on the website on the date of renewal (currently, net: €69 for Shop, €199 for Freelancer, €499 for Agency). A renewal before the current Updates Period ends counts from its end. A renewal after it has ended counts from the date of payment. Business decision to confirm: start of the period on renewal after a gap.
  4. § 7 does not limit the statutory right of a Consumer using TellMyShop Free, or of a sole trader with consumer protection who has purchased a paid licence, to updates necessary to keep the Module in conformity with the contract, including security updates, for the period the Consumer can reasonably expect (art. 8(2) of Directive 2019/770, chapter 5b of the Polish Consumer Rights Act). See § 15.
  5. The Licensor informs about critical security fixes also those Licensees whose Updates Period has ended, at least by an email notification describing a workaround for the problem, if one is possible. Business decision: whether critical security fixes are made available free of charge to everyone. Recommendation: yes.
  6. The Updates Period covers Updates of the Module for each Platform on which the Licensee uses the licence (one Licence Key, one Updates Period).

§ 8. Domains, transfers and additional domains

  1. The Licence Key is assigned to a Production Domain on first activation. The Module reads the domain from the PrestaShop or WordPress configuration, not from a field filled in by the user TBC: plugin code.
  2. The Licensee may transfer the licence to another Production Domain by releasing the current domain in the Account and activating the Licence Key on the new one. The Licensee may do this on its own once every 12 months for each Production Domain. Further transfers are possible through support, after stating the reason (for example a domain change, a rebuilt store, a client leaving an agency). The Licensor will not refuse a justified request.
  3. Additional Production Domains may be purchased for an existing licence at the price shown on the website (currently €99 net). An additional domain shares the Updates Period of the licence to which it was added.
  4. Using one Production Domain to serve several live stores at the same time, in particular by rotating activations, is prohibited.

§ 9. Agencies and freelancers

  1. The Freelancer and Agency Plans include a pool of Production Domains. The Licensee may install the Module in stores that it builds or maintains for its clients, within the number of domains in the pool.
  2. The licence stays with the agency or freelancer, not with the client. The Licensee is responsible towards the Licensor for every installation in the pool, including the way the client uses it.
  3. The Licensee may release a domain from the pool and assign it to another client's store in accordance with § 8.
  4. If a client wants to hold the licence for its store itself (for example after ending its cooperation with the agency), the Licensee may ask support to transfer that domain to the client. The Licensor will then issue a separate Shop licence to the client, remove the domain from the pool and transfer the remaining Updates Period. The number of domains in the Licensee's Plan decreases by one. The client must accept the Agreement. Business decision: whether the agency may regain the pool slot for a fee.
  5. The Licensee gives clients the information necessary to use the Module, in particular the content of § 12 to § 14 (Areas and Write Switches, Claude, backups), and may not grant them rights wider than those arising from the Agreement.
  6. Except under § 6(6), § 9(4) and transfers accepted by the Licensor in documentary form, the Licensee may not transfer the licence to a third party. A transfer of the licence to the acquirer of the business in which the Module is used is permitted, after the Licensee notifies support and the acquirer accepts the Agreement.

§ 10. Restrictions

  1. The Licensee must not, and must not enable others to:

    1. sell, rent, lend, sublicense, distribute or publish the Module or the Licence Key, except for the agency rights under § 9;
    2. remove, circumvent, disable or modify the licence verification mechanism, the Licence Key, the Permanent Blocks, the limits on calls and writes (other than changing them in the Module panel within the permitted ranges) or any other technical protection of the Module;
    3. modify the Module's code to unlock functions or domains it has not paid for;
    4. use the Module on more Production Domains than the Plan provides;
    5. remove copyright notices, trademarks or licence information;
    6. use the Module to build a competing product, or publish its code in whole or in part;
    7. decompile, disassemble or reverse engineer the Module, except to the extent that the law permits this and does not allow it to be excluded by contract.
  2. Source code is visible. The Module is written in PHP, so its source code can be read on the server. Being able to read it does not make the Module open-source software. The Module is made available under this proprietary licence with visible source code. The Licensee may read the code to assess its security, to understand how the Module works in the store, to ensure interoperability with other software and to correct errors for its own use, within the limits of art. 75 PrAut (and art. 5 and 6 of Directive 2009/24/EC). Para. 1 point 7 does not limit these rights (art. 76 PrAut).

  3. Third-party and open-source components. The Module may include third-party components made available under their own licences (for example open-source libraries). They are listed in the LICENSES / THIRD_PARTY_NOTICES file in the Module package: THIRD_PARTY_COMPONENTS_LIST. Those licences apply to those components, and the Agreement does not limit the rights they give. [Option, if part of the Module is released as open source: "The following parts of the Module are made available under the OPEN_SOURCE_LICENCE licence: OPEN_SOURCE_PARTS."]

    LAWYER: PrestaShop core is licensed under OSL-3.0, and many modules under AFL-3.0. Please confirm that distributing the Module under a proprietary licence is compatible with the licences of PrestaShop and of the bundled libraries.

  4. The Licensee may not use the Module in breach of the law, of the terms of its Claude plan or of the rights of third parties.

§ 11. Licence verification

  1. The Module verifies the licence online, usually about once a day and on activation. This requires an outgoing HTTPS connection to LICENCE_SERVER_URL.

  2. With each verification the Module sends only:

    • the Licence Key (on activation) or a signed licence token (on refresh);
    • the domain and the URL of the store or site (for WordPress also the address of the WordPress installation, if different);
    • a random installation identifier generated when the Module is installed;
    • the versions of the Module, of the Platform (PrestaShop or WordPress, and for WordPress also WooCommerce, if installed) and of PHP.

    As with any internet connection, the Licensor's server also receives the IP address of the store's server, and for WordPress also the standard User-Agent header with the WordPress version and the site address. The licence verification does not send product, order or customer data from the store. TBC: plugin code: confirm the exact scope of data.

  3. To confirm that the Production Domain is genuine, the Licensor's server may send a request to the Module's verification address on the store's domain TBC: plugin code. The request contains only a random one-time code.

  4. If there is no connection to the licence server, the Module continues to work for a grace period of 14 days (currently 14) TBC: plugin code. If the licence is invalid, refunded or cannot be confirmed after the grace period, the Module switches to read-only mode (corresponding to TellMyShop Free). The Module never disables the store front or the back office.

  5. The rules for processing this data are described in the Privacy Policy.

§ 12. Areas, Write Switches and the Licensee's responsibility

  1. The Module's functions are divided into Areas. TellMyShop Pro reads the entire store immediately, except for data covered by the Permanent Blocks. Saving changes is available immediately only in the Content & SEO and Catalog Areas. Writing in the Commerce, Theme, Plugins/Modules and Service Areas is unlocked by Write Switches in the Module panel. Write Switches do not show or hide anything; they only enable writing in their own Area. The Module provides Claude with one connection address.
AreaWrite scopeWritingDefault
Content & SEO, Catalogcontent and SEO of products, categories, CMS pages and blog posts; new products and product copies (saved as drafts), product images, new categories and moving products, new CMS pages, translations of features, attributes and manufacturers, category and feature assignments, image alt texts, URL changes, redirects from old addresses (301), disabling a product with a redirect; diagnostics, audits, reports, logs, sales statistics, change history and undo. Customer service (reading customer messages, draft replies, thread status) is a separate group, off by default, which works only when access to customer data is enabledimmediately, without a switchon
Commerceprices, specific prices (promotions), catalogue price rules for categories and manufacturers, discount codes and cart rules, stock levels, product combinations, shipping settings (free shipping threshold, carrier prices)after the switch is turned on, until it is turned offoff
Themetheme files with an automatic backup before each write and restore, child theme, module template overrides in the theme, hook positions, cache clearingafter the switch is turned on, for 24 hours, then the switch turns itself offoff
Plugins/Modulesenabling and disabling modules, installing and updating modules from a ZIP file, uninstalling modules, module settings, module files with an automatic backup before each writeafter the switch is turned on, for 24 hours, then the switch turns itself offoff
Servicethe store's system settings, any database rows (with a copy of the rows changed) and the store server's files. Running arbitrary PHP code is not availableafter the switch is turned on, for 3 hours, then the switch turns itself offoff

Permanent Blocks. Regardless of the settings, the following are always blocked: passwords, administrator accounts and roles, API keys, payment data, configuration files (in particular wp-config.php and parameters.php), the Module itself and its data, and backups. The Module never saves tax settings or payment method settings; it may only read them. The Module does not change order statuses, because a status change sends emails to customers; it may add notes to orders.

Access to customers' personal data is set independently of the Write Switches, at one of three levels: no access (default), pseudonymisation (personal data masked before it is passed to Claude) or full access only temporarily, for 1 to 24 hours, with a stated purpose, after which the Module returns to the previous level automatically. With pseudonymisation, the same customer has the same alias for one day. The audit log (who enabled full access, the Write Switches or the licence, and when) can be downloaded as CSV and cannot be cleared from the panel. Other settings: acting as a separate employee with that employee's permissions, hourly limits on calls, writes and file operations, a main switch for the connection, an email to the Licensee whenever protective settings are relaxed, a daily summary, an integrity check of the Module's files, and an emergency key for restoring files changed by the Module when the store does not load. The hourly limits on calls, writes and file operations, including their default values and permitted ranges, are set out in the Technical Documentation available on the Website and in the Module panel, which forms an integral part of this Agreement. 2. The Licensee decides which Write Switches and other switches are enabled, and the Licensee bears responsibility for this. We recommend enabling only what is needed, and only for as long as it is needed. 3. Writing in the Commerce, Theme, Plugins/Modules and Service Areas carries increased risk. A wrong price, stock level or discount code can cause financial loss within minutes, a theme change can break the look of the store, disabling or changing a module can stop payments or deliveries, and writing in the Service Area can change or delete any files and data in the database and make the store inoperable. The Write Switches of all four Areas are off by default. The Theme and Plugins/Modules switches turn themselves off after 24 hours, and the Service switch after 3 hours. They should be turned on only with awareness of the consequences, preferably on a staging copy first. Changes in the Service Area may fall outside the change history and undo, and repairing them is not covered by support (see the Refund and Support Policy). The change history cannot be used to undo changes to theme files, changes to the database structure, installing, updating or uninstalling a module, or changes to image files; changes to database rows made in the Service Area (UPDATE or DELETE on one table) keep a copy of the changed rows and can be undone. 4. Every write requires confirmation by the Licensee. Each tool that changes the store first returns a preview and a one-time confirmation token valid for 30 minutes. The change is saved only when the token is used. Claude is instructed to show the preview and wait for approval. The Licensee is responsible for reviewing each preview before approving it. Approving a change, including when the Licensee lets Claude approve on its behalf or configures Claude to run tools without asking, is the Licensee's decision. 5. Changes in the Content & SEO, Catalog and Commerce Areas go through the PrestaShop back-office logic (for WordPress: through WordPress and WooCommerce functions), as if an employee clicked "Save". For the duration of an approved change, the Module records the state of all database rows being changed, including rows changed on that occasion by third-party modules, plugins or themes. After saving, the Module compares the result with the preview; if anything changed outside the preview, Claude shows the difference and asks the Licensee what to do. Changes go into the change history, and undo restores all recorded rows. The recording does not cover changes that third-party modules, plugins or themes make later in the background or outside the database. With such modules, plugins or themes, Claude warns before saving that this part of the changes may not be possible to undo. Theme files are copied before each write. A URL change is not reverted by an undo command but by a further URL change with a 301 redirect. Undo does not reverse effects outside the store, such as messages sent, data indexed by search engines or orders placed at a wrong price.

  1. The WordPress Plugin follows the same rules: reading the entire site except for data covered by the Permanent Blocks, writing immediately only in the Content & SEO and Catalog Areas, the Commerce (WooCommerce), Theme, Plugins and Service Write Switches off by default, one connection address, a preview and confirmation of every write, recording of the rows being changed (para. 5) and three levels of access to personal data (no access by default). The description of the Areas and Write Switches of the WordPress Plugin is contained in the Technical Documentation. The change history does not undo WordPress updates, installing, updating and deleting plugins and themes, or changes to files outside the copies created by the WordPress Plugin. TBC: E1, table of WordPress Plugin blocks before publication.

§ 13. Claude and AI-generated output

  1. Claude is a third-party service. Claude is provided by Anthropic under the Licensee's own agreement with Anthropic (for example the consumer or commercial terms for the given Claude plan). The Licensor is not a party to that agreement, does not resell Claude and is not responsible for the availability, prices, features, terms or data processing practices of Claude. A Claude account is needed to use the Module; a free account is enough.
  2. When Claude uses the Module, data from the store is sent to the Licensee's Claude account. The processing of that data by Anthropic is governed by the Licensee's agreement with Anthropic. See the Privacy Policy and the Data Processing Agreement and GDPR guide.
  3. AI output can be wrong. Claude may misunderstand an instruction, give untrue information, write an inaccurate product description, choose the wrong product or propose a change with unintended effects. The Module shows a preview so that the Licensee can check every change. The Licensee is responsible for reviewing previews and for the content published in the store (including product descriptions, claims and prices) and its compliance with the law.
  4. The Licensor does not guarantee any results from using Claude, such as traffic, search engine rankings or sales.

§ 14. Backups

  1. Before installing the Module and before turning on the Commerce, Theme, Plugins/Modules or Service Write Switches, the Licensee should make a full backup of the store's files and database, and then make backups regularly.
  2. The Module automatically creates an encrypted backup of the store's database on the store's server: when the connection is enabled, once a day before the first change, and before the Theme, Plugins/Modules or Service switch is turned on. The Module also creates a copy of every file being changed. The Module keeps the two most recent database backups and deletes them when the connection is disabled and when the Module is uninstalled. The backups remain on the store's server and are not sent to the Licensor or to the AI provider. The Licensee may download a backup; the Licensee restores the entire database following the instructions of its hosting provider. If there is not enough space on the server for a backup, the Theme, Plugins/Modules and Service switches cannot be turned on.
  3. The change history, undo and the database and file backups created by the Module make it easier to reverse changes, but they do not replace a regular full backup of the store made by the Licensee.

§ 15. Liability for the conformity of the Module with the contract

  1. Consumers and sole traders with consumer protection. A Consumer using TellMyShop Free and a sole trader with consumer protection who has purchased a paid licence have the rights for lack of conformity of digital content with the contract under chapter 5b of the Polish Consumer Rights Act (art. 43h et seq.) and Directive (EU) 2019/770, and, to the extent they apply, also under the mandatory provisions of the country of their habitual residence. The Agreement does not limit or exclude those rights. The complaint procedure is described in the Terms of Sale.
  2. Businesses. Towards Businesses, the Module is provided in the condition in which it is ("as is"). The Licensor will exercise due diligence to remove reproducible errors during the Updates Period. To the fullest extent permitted by law, all other warranties and the statutory warranty for defects (rękojmia) are excluded (art. 558 § 1 of the Polish Civil Code). LAWYER: confirm the effectiveness of excluding rękojmia in a licence agreement, and whether to replace it with a short commitment as to functionality.
  3. The Licensor does not warrant that the Module will work with every theme, module, plugin, server configuration and Platform version. Supported versions, according to the documentation: PrestaShop 8.1 and newer, including 9, with PHP 8.1 or newer; PrestaShop 8.1 and 8.2 and PrestaShop 1.7.8 with PHP 7.4 in a separate package, from its release, noting that PHP 7.4 and PrestaShop 1.7 no longer receive security fixes from their developers TBC: E2, release date of the 1.7 package; WordPress 6.5 and newer with PHP 8.1 or newer, optionally with WooCommerce 8.0 or newer. PrestaShop 8.0, PrestaShop versions older than 1.7.8 and older WordPress versions are not supported.

§ 16. Limitation of liability

  1. Consumers and sole traders with consumer protection. Towards a Consumer using TellMyShop Free and a sole trader with consumer protection who has purchased a paid licence, the Licensor is liable on general principles. No provision of this section limits liability that cannot be limited towards a Consumer or a sole trader with consumer protection.
  2. Businesses. Towards a Business:
    1. the Licensor's total liability under or in connection with the Agreement is limited to the price paid for the Plan (including additional domains and renewals) in the 12 months before the event giving rise to the damage; for TellMyShop Free, liability is excluded to the extent permitted by law LAWYER: assess the effectiveness of a total exclusion; consider a nominal amount;
    2. the Licensor is not liable for lost profits, lost revenue, loss of data, business interruption or indirect damage;
    3. the Licensor is not liable for damage resulting from turning on the Commerce, Theme, Plugins/Modules or Service Write Switches, from changes approved by the Licensee, from Claude's output, from Anthropic's services, from third-party modules, plugins or themes, or from a lack of backups.
  3. The limitations in para. 2 do not apply to damage caused intentionally (art. 473 § 2 of the Polish Civil Code), to personal injury or to other liability that cannot be limited by law.
  4. The Licensor is not liable for the consequences of the operation of, or for errors or loss of data caused by, third-party modules, plugins or themes installed in the Store. In particular, liability is excluded for modifications made by third-party plugins in a manner inconsistent with the standards of the platform (WordPress/PrestaShop) in response to standard API calls by the Module, including asynchronous changes and changes made in the background or outside the database, which the Module was unable to record or undo.

§ 17. Term and termination of the Agreement

  1. The Agreement enters into force upon acceptance (§ 1(4)) and remains in force for as long as the licence is held.
  2. The Licensee may at any time stop using the Module and terminate the Agreement by uninstalling the Module and, at its discretion, deleting the Account. Uninstalling releases the domain. Termination of the Agreement by the Licensee does not entitle it to a refund of the price, except under the 7-day money-back guarantee and statutory rights.
  3. The Licensor may terminate the Agreement or suspend the licence by notice by email if the Licensee materially breaches § 8(4), § 9(6) or § 10 and does not stop the breach within 14 days of being requested to do so, or with immediate effect if the breach cannot be remedied (for example resale of Licence Keys or circumvention of the licence verification).
  4. Apart from the cases in para. 3 and 5, the Licensor waives the right to terminate the licence without cause, including the right under art. 68 PrAut. LAWYER: confirm.
  5. A refund of the price (including under the money-back guarantee or a withdrawal from the contract) ends the paid licence. A chargeback suspends the licence for the duration of the dispute; if the dispute is resolved against the Licensor, the licence ends. In both cases the Module switches to read-only mode; for the WordPress Plugin, the Licence Key stops working, and the GPL rights to the downloaded code (§ 3a(1)) remain.
  6. After termination of the Agreement, the Licensee stops using the paid functions of the Module. § 10, § 13, § 15, § 16 and § 19 continue to apply.

§ 18. Changes to the Agreement

  1. The Licensor may change the Agreement for valid reasons: changes in the law, changes in the services of Anthropic, PrestaShop, WordPress or WooCommerce, changes in the Module's functions, or clarification of unclear provisions. It will give notice of this by email and on the website at least 30 days before the changes take effect.
  2. Changes may not limit rights already acquired (number of domains, perpetual licence, Updates Period, Founders lifetime Updates). A Licensee who does not accept a change concerning its licence may terminate the Agreement before the change takes effect; if it is within the 7-day guarantee period, it also receives a refund of the price.

§ 19. Governing law and disputes

  1. The Agreement is governed by Polish law. The choice of law does not deprive a Consumer of the protection afforded by the mandatory provisions of the law of the country of their habitual residence (art. 6(2) of the Rome I Regulation).
  2. Disputes with Businesses are decided by the common court competent for the Licensor's registered office. A Consumer may bring proceedings before the court competent under the general rules, including a court of the country of their place of residence.
  3. Out-of-court dispute resolution options for Consumers are described in the Terms of Sale.

§ 20. Language and contact

  1. The Agreement is available in Polish and English. LAWYER: indicate the prevailing version. Proposal: the version in the language in which the contract was concluded.
  2. Contact: [email protected]. Security reports: [email protected].

PrestaShop is a registered trademark of PrestaShop SA. WordPress is a trademark of the WordPress Foundation. WooCommerce is a trademark of Automattic Inc. Claude is a trademark of Anthropic. TellMyShop is not affiliated with any of these entities.