Effective Date: November 1, 2024

Date of the Latest Update: November 1, 2024

Thank you for your interest in AddressHero! AddressHero is a Shopify web application owned and developed by BlickSolutions GmbH, a company registered in Germany. AddressHero is provided as a web application in the Shopify App Store ecosystem. AddressHero provides address validation and confirmation services to facilitate shipping and deliveries. AddressHero is intended to help merchants maximize their profits and reduce unnecessary costs. It is free to install, however additional charges may apply.

BlickSolutions GmbH seeks to ensure all Users (as further defined) benefit from a positive experience while using AddressHero. Accordingly, all Users of AddressHero shall be required to review and agree to these Terms of Service prior to installing and using AddressHero and/or purchasing the Services offered by AddressHero. These Terms of Service set forth Users’ legal obligations, acknowledgements and rights with respect to AddressHero.

All installations and usage of AddressHero and purchase of the Services shall be conditional upon the acceptance of these Terms of Service, in full.

When used in these Terms of Service, the following capitalized terms shall have the meanings set forth below, unless the context requires otherwise:

“AddressHero” shall refer to the web application built by the Company and available for installation on the Shopify App Store ecosystem.

“BlickSolutions” shall refer to BlickSolutions GmbH, a company registered in Germany, with a registered address located at Walramstrasse 23, 65510 Idstein, Hessen, Germany.

“Disputes” shall refer to all disputes arising out of or relating to these Terms of Service.

“Order” shall refer to an order for one (1) address verification Service ordered by a User through AddressHero.

“Services” shall refer to all services offered by AddressHero, including, without limitation, address validation and confirmation services and other ancillary services.

“Terms of Service” or “Terms” shall refer to the most recent version of these Terms of Service, including any updates made to these Terms.

“Third Party Links” shall refer to links to third party websites, platforms, and/or applications.

“Users” shall refer to Shopify merchants who use AddressHero. Any individual user of AddressHero shall be referred to as a “User”.

“Webpage” shall refer to the webpage describing AddressHero and providing the link for its installation and purchase of Orders.

Any installation or usage of AddressHero, including any placement of an Order, shall constitute the User’s agreement to be bound by these Terms of Service, in full. Any usage of AddressHero by a User, including the purchase of Services, shall be construed as the User’s acceptance of these Terms of Service.

If a User does not agree with these Terms of Service, even in part, the User’s sole recourse shall be to refrain from using AddressHero.

All Users agree to read and review these Terms of Service in full prior to using AddressHero. Moreover, Users are encouraged to review these Terms of Service periodically to ensure they are familiar and compliant with the latest version.

These Terms of Service shall constitute a binding agreement between Users and BlickSolutions. Users acknowledge that BlickSolutions shall not be bound by any other policies, except for those explicitly set out by BlickSolutions, such as, and without limitation, its Privacy Policy.

AddressHero offers a wide range of Services for address verification and confirmation. The Services shall include, without limitation,

(i) validating addresses within or after checkout, allowing for a seamless integration,

(ii) automatically prompting customers to correct invalid addresses prior to shipping,

(iii) avoiding undeliverable addresses, such as PO boxes, invalid zip codes, addresses containing typos, etc.,

(iv) compatibility with express checkout (such as ApplePay, GooglePay and PayPal Express).

AddressHero is mobile and desktop optimized, and may be set up within ten (10) minutes.

BlickSolutions reserves the right to make changes to AddressHero, including, without limitation, updating Services, removing Services, and otherwise changing the Services.

Further, BlickSolutions reserves the right to modify, update, upgrade or discontinue AddressHome at any time, with or without notice and without liability to Users.

5.1 Usage of API

The address validation Services shall commence once the User receives an order on Shopify from a customer. The address validation Services shall occur through an Application Programming Interface (API) to validate the order is valid, legitimate and meets all necessary criteria before proceeding further.

AddressHero uses API to offer and provide the Services. As AddressHero utilizes and is reliant upon API, Users acknowledge that the Services and outcomes, while highly reliable, may not be accurate in certain limited cases and are essentially captured by a third party. As such, the results of the Services generated by AddressHero may not be tested, verified or guaranteed to be accurate by BlickSolutions.

By installing or otherwise using AddressHero, Users expressly grant BlickSolutions permission to: (i) utilize the Address Validation API, and (ii) parse, analyze and extract data from customers and merchants to the Google Maps Address Validation API.

5.2 Live Chats

The Webpage allows Users to communicate with BlickSolutions’ customer support and an AI chatbot designed to assist with inquiries. The AI chatbot shall be available to enable immediate responses to questions or concerns without waiting for a customer support agent. The AI chatbot may not be capable of responding to complex questions. Customer support may be better equipped to handle questions and matters that are not standard. While BlickSolutions strives to provide timely and effective support, response times may vary.

To be eligible to use AddressHero and place Orders, each User represents and warrants the following:

1. Age: The User is an adult, defined as either (1) at least eighteen (18) years old or (2) of the age of majority in their country of residence. Users who do not meet this minimum age requirement may not use AddressHero, except with their parent or legal guardian’s consent.

2. Authority and Capacity: The User has the authority and necessary capacity to use AddressHero, place Orders and agree to these Terms of Service.

3. No Legal Restrictions: The User is not subject to any legal restrictions that would prevent the User from using AddressHero.

4. Payment Responsibility: The User shall be responsible for the payment of any Orders purchased on the Webpage.

7.1 Ownership of Intellectual Property

BlickSolutions owns or secured the appropriate permission to use the materials published on the Webpage. All intellectual property directly relating to BlickSolutions and AddressHero is and shall remain BlickSolutions’s sole property. BlickSolutions is the sole owner of such intellectual property throughout the world, without limitation of time or space.

Trademarks, logos, trade names and intellectual property relating to BlickSolutions and AddressHero are proprietary to BlickSolutions. BlickSolutions’s trademarks and logos may not be reproduced without BlickSolutions’s prior written consent.

Any trademarks and intellectual property displayed on the Webpage may be protected by intellectual property and copyright laws. All rights relating thereto are reserved.

7.2 Licensed Intellectual Property

Any content that has been licensed to BlickSolutions shall remain the property of its respective owners.

Users acknowledge that AddressHero constitutes a web application available in the Shopify ecosystem, and a Shopify account is required to access and use AddressHero. Users shall access the Webpage through their Shopify accounts. As such, Users shall place Orders from their Shopify accounts, acknowledging that billing shall be processed and handled by Shopify. All security, privacy and payment matters relating to Shopify accounts shall be handled by Shopify.

9.1 Free Trial

AddressHero operates on a pay-per-use model. Users may be eligible for a free trial of their first two hundred (200) Orders, whereby such Orders may be made available at no charge for a limited duration.

9.2 Fees and Payment

Each Order shall be subject to a fixed fee of four cents ($ 0.04). The fees for the Orders placed shall be invoiced by Shopify and charged to the User’s Shopify account, in accordance with Shopify’s applicable terms. Users may purchase multiple Orders at once.

Once a User places an Order, the User shall be responsible for the payment of the applicable fee. Except for the fixed fee, there shall be no costs and expenses associated with the use of AddressHero.

Users shall be responsible for verifying the price of Orders prior to confirming the Orders. Unless otherwise specified, the pricing for Orders is exclusive of taxes and duties. Users shall be responsible for paying taxes charged in connection with the Orders placed.

9.3 Refunds

All Orders placed are final, and not subject to refunds under any circumstances.

Users are fully responsible for their use of AddressHero. Consequently, Users agree to refrain from engaging in any unacceptable use of AddressHero, including:

• Violating any applicable international, national, local, municipal, or other relevant law, regulation or policy;

• Engaging in illegal, fraudulent or discriminatory behavior, or encouraging others to do so;

• Accessing AddressHero through unauthorized means or technologies, or circumventing any established security measures;

• Decompiling or attempting to hack any portion of AddressHero;

• Acting in a manner that undermines the spirit of these Terms of Service.

Users may be held personally accountable for any failure to comply with these Terms of Service. Moreover, BlickSolutions reserves the right, without liability, to terminate a User’s access to AddressHero in the event of a breach or attempted breach of any obligations outlined in these Terms.

The Webpage may contain Third Party Links. These are provided exclusively for reference and convenience purposes. BlickSolutions shall not be responsible for the accuracy of the Third Party Links, their availability or any content provided in or as part of the Third Party Links.

Users acknowledge that BlickSolutions is not affiliated with the Third Party Links. BlickSolutions does not endorse any of the Third Party Links, unless stated otherwise.

12.1 Exclusion of Warranties

Users agree to use AddressHero at their sole risk and expense. AddressHero and the Services shall be provided without warranties of any kind, including implied and statutory warranties. All implied warranties with respect to the Webpage and AddressHero are excluded, including but not limited to implied warranties of title, non-infringement and fitness for a particular purpose.

BlickSolutions cannot guarantee that AddressHero shall be continuously available, error-free and uninterrupted. While BlickSolutions shall use reasonable efforts to correct issues or defects, BlickSolutions cannot guarantee that issues or defects affecting AddressHero shall be corrected in a timely manner or corrected at all.

Technical issues may delay, suspend, terminate or completely prevent access to the Webpage and/or AddressHero. Accordingly, BlickSolutions shall not be liable for any service interruptions, bugs or other issues.

To the fullest extent authorized by applicable law, BlickSolutions excludes its liability for any losses and damages arising out of or in connection with the Webpage and AddressHero, including but not limited to indirect, accessory, punitive and incidental damages. This exclusion shall apply even if BlickSolutions was advised of the possibility of such damages.

Further, BlickSolutions shall not be liable for any indirect, special or consequential loss or damages arising from Users’ usage of AddressHero, including but not limited to loss of profits, revenue, business, anticipated earnings, goodwill, privacy and opportunity.

Each User shall indemnify and hold BlickSolutions harmless from and against all losses, damages, liabilities, costs, and expenses related to any third party claims, actions, proceedings or suits arising from the User’s (i) use of AddressHero; (ii) gross negligence, misconduct, fraud or other malicious acts; (iii) breach of any obligation under these Terms of Service; and/or (iv) false representation or warranty made in connection with these Terms of Service. The User’s indemnification obligations owed to BlickSolutions shall not apply to fraud or gross negligence committed by BlickSolutions, in accordance with applicable laws.

If BlickSolutions is made a party to any litigation, without fault on its part, either commenced by or against the User, the User agrees to protect, indemnify, and hold BlickSolutions harmless. The User shall pay costs, expenses, and reasonable legal fees incurred or paid by BlickSolutions in connection with such litigation.

These Terms of Service shall be governed by the laws of the Federal Republic of Germany.

16.1 Jurisdiction of the Courts

Disputes shall be submitted to the exclusive jurisdiction of the competent courts located in the Federal Republic of Germany. Users agree to submit to the jurisdiction of such courts, and waive any objection to jurisdiction or venue in any proceeding before said courts.

16.2 Prior Negotiations

Prior to undertaking any legal proceedings, Users shall apply all possible efforts to resolve the Dispute with BlickSolutions amicably.

16.3 Remedies and Injunctions

Users acknowledge that any breach of any provisions of these Terms of Service may cause BlickSolutions irreparable harm and damages, particularly if such breach relates to data security, intellectual property or unauthorized usage of AddressHero. Users agree that monetary damages may not be a sufficient remedy for a breach or violation of these Terms of Service. BlickSolutions shall be entitled, without waiving any other rights or remedies, to injunctive remedies and other equitable relief as may be deemed proper by a court of competent jurisdiction.

16.4 Cost Recovery

If any litigation proceeding is commenced pursuant to these Terms of Service, the prevailing party shall be entitled to claim reasonable attorney fees and legal costs, including disbursements, unless otherwise specified by the court.

17.1 Entire Agreement

These Terms of Service, together with other policies referenced herein, constitute the entire agreement between BlickSolutions and Users pertaining to the subject matter of these Terms of Service and supersede all prior agreements, whether oral or written between BlickSolutions and Users.

There are no warranties, representations, or other agreements related to the subject matter of these Terms of Service, except if explicitly stated within them.

17.2 Severability

If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, that provision shall be removed and deemed ineffective to the extent of its illegality, invalidity, or unenforceability.

The remaining provisions of these Terms shall (i) be separated from any illegal, invalid, or unenforceable sections, and (ii) continue to be binding and effective.

17.3 Force Majeure

Notwithstanding any provision to the contrary specified in these Terms of Service, BlickSolutions shall be excused from performing any obligations under these Terms of Service during a Force Majeure event.

BlickSolutions shall be entitled to resume the performance of its obligations within an appropriate and reasonable time frame following the resolution, expiration or termination of the Force Majeure event.

17.4 Updates to these Terms of Service

BlickSolutions may update these Terms at any time at its discretion. The most recent version of these Terms of Service shall be published on the Webpage, and shall be applicable as of the date specified in the header.

BlickSolutions shall attempt, but is under no obligation, to notify Users before making any material changes to these Terms of Service. BlickSolutions, however, does not guarantee that Users shall be notified of changes prior to their publication on the Webpage. For this reason, BlickSolutions strongly encourages Users to periodically review these Terms.

Any usage of AddressHero following the publication of updated Terms of Service shall constitute Users’ agreement to be bound by such updated Terms.

17.5 Assignment

BlickSolutions may assign its rights and obligations under these Terms without restriction or limitation, subject to applicable laws. Users may not assign their rights and obligations under these Terms, except with BlickSolutions’ prior written consent.

17.6 Waivers

No waiver by BlickSolutions of any provision in these Terms shall be interpreted as a waiver of any other provision nor shall such waiver be construed as a continuous ongoing waiver unless otherwise provided.

If BlickSolutions fails or neglects to require the performance of an obligation specified in these Terms, this shall not be interpreted as a waiver of BlickSolutions’ rights. Further, any suspension, delay or failure to exercise any rights under these Terms of Service shall not be construed as a waiver of BlickSolutions’ rights.

17.7 Notices

Any notice or other communication required or permitted under these Terms of Service shall be in provided writing and delivered either by registered letter or email (with acknowledgment of receipt). Notices by mail may be sent to BlickSolutions’ headquarters.

For reference purposes, BlickSolutions’ contact information is as follows:

Company name: BlickSolutions GmbH

Represented by: Calvin Blick

Seat of the company: Walramstrasse 23, 65510 Idstein, Hessen, Germany

E-Mail: support@addresshero.app

VAT ID: DE334481762

Commercial register: Wiesbaden, HRB 32792

BlickSolutions welcomes questions and comments regarding AddressHero and these Terms of Service. Any questions and comments may be sent to BlickSolutions by registered letter, email with receipt acknowledgement or on the Webpage.