The following terms and conditions govern all use of the Retention Optimizer website and all content, services, apps and products available from Retention Optimizer (taken together, the Service).
The Service is owned and operated by Consultingcentral GmbH (the "Company").
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Site or the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by Consultingcentral, acceptance is expressly limited to these terms. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, "you" and "your" will refer to that company or other legal entity.
An account for use the Service can be created by connecting you Shopify shop with our service. To delete your account delete the Retention Optimizer Plugin from your Shopify store.
Billing of the Service is handled by Shopify. As long as you use our plugin Shopify will incur the monthly or yearly plugin fee. After removal of the Retention Optimizer plugin from your store, billing will automatically stop at the end of the current billing cycle.
When connection the Service to your Shopify store, all orders and customers will be synced to the Service. You guarantee that you have the right to transmit this data to us. In case that you do not want to transfer personal data to the Service you can activate the anonymizer function before the initial sync or at any time later. Having the anonymizer function activated the Service will not sync any data directly identifying users like email addresses. Activating the anonymization function after the initial sync will lead to deletion of all data directly identifying users from the Service.
If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the "EEA"), and/or distribute Campaigns or other Content through the Service to, and/or otherwise collect information through the Service from, anyone located in those countries (each such Member an "EEA Member"), you agree, represent and warrant (as applicable) to Mailchimp that:
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this section.
To the extent that the Company processes any personal data that is subject to the EU General Data Protection Regulation (GDPR), on the user’s behalf, in the provision of the Service, the terms of the Retention Optimizer Data Processing Agreement, which are hereby incorporated by reference, shall apply.
The Company cannot make any warranty about the reliability of the Service or guarantee the security of user data despite best efforts. The Service is provided "as is" and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.
Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service.
We may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion, terminate service without cause or notice.
Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.
This Agreement shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject to the jurisdiction of the competent courts of the Canton of Thurgau, the jurisdiction of the Swiss Federal Court being expressly reserved.— Last updated in May 2019