Terms of Service

1. Identity of the provider

These Terms of Service ("Terms") are issued by:

Sigmira, a trade name of Quincy van der Ree (sole proprietorship / eenmanszaak)

Verdiweg 671
3816 KW Amersfoort
The Netherlands

• Chamber of Commerce (Kamer van Koophandel / KvK) number: 82195757
• VAT (BTW) identification number: NL003652487B20
• Contact email: hello@sigmira.com

In these Terms, "Sigmira", "we", "us" or "our" refers to the entity above.

Sigmira is a trade name (handelsnaam) of Quincy van der Ree, who operates as a sole proprietorship (eenmanszaak) established in the Netherlands and registered with the Dutch Chamber of Commerce under the number above. The contract is therefore concluded with Quincy van der Ree, trading as Sigmira.

2. Definitions

In these Terms, the following capitalised terms have the meanings set out below:

• "Service": the Sigmira software-as-a-service product-customizer platform. This includes the merchant dashboard, the Sigmira app for Shopify, the Sigmira plugin for WooCommerce, the embeddable customer editor, the rendering and file-generation pipeline, and all related software, APIs and documentation.
• "Customer", "you", "your": the natural or legal person who registers for, subscribes to, or uses the Service. A Customer may be a Business Customer or a Consumer (see below).
• "Consumer": a Customer who is a natural person not acting in the course of, or for purposes relating to, a trade, business, craft or profession (a natuurlijk persoon die niet handelt in de uitoefening van een beroep of bedrijf).
• "Business Customer": any Customer who is not a Consumer, including merchants who use the Service in the course of an online retail business.
• "Merchant": a Business Customer who embeds the Service in their online store so that End Users can personalise products.
• "Platform": the e-commerce platform the Merchant’s store runs on and through which the Merchant uses the Service. This is either Shopify or WooCommerce.
• "Shopify Merchant": a Merchant who uses the Service through the Sigmira app installed in a Shopify store.
• "WooCommerce Merchant": a Merchant who uses the Service through the Sigmira plugin installed in a WooCommerce store.
• "End User": a shopper or visitor of a Merchant’s store who interacts with the embedded customer editor. End Users are not parties to these Terms; their relationship is with the Merchant.
• "Customer Content": any text, images, photographs, monograms, designs, artwork, logos, fonts, files, configurations and other material that a Customer or its End Users upload to, create within, or process through the Service.
• "Output File": the print-ready file generated by the Service from a personalised design.
• "Plan": a subscription tier. Starter, Growth and Pro are billed monthly or annually as selected at checkout or in the Shopify approval screen; Enterprise is offered on individually agreed terms.
• "Paddle": Paddle.com Market Ltd and/or its affiliates, our authorised reseller and Merchant of Record for WooCommerce Merchants (see Section 6).
• "Shopify Billing": the billing system of Shopify Inc. and its affiliates ("Shopify"), through which Shopify Merchants approve and pay for the Service on their Shopify invoice (see Section 6).
• "Account": the registered account through which a Customer accesses the Service.
• "DPA": the Data Processing Agreement referenced in Section 18.
• "Privacy Notice": Sigmira’s privacy notice referenced in Section 18.

3. Scope and acceptance of these Terms

3.1 These Terms govern your access to and use of the Service. You agree to be bound by these Terms when you create an Account, install the Sigmira app or plugin, start a free trial, subscribe to a Plan, or otherwise use the Service.

3.2 If you enter into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

3.3 How you pay depends on your Platform:

• (a) WooCommerce Merchants: the sale and billing of the subscription are concluded with Paddle as Merchant of Record, and Paddle’s Buyer Terms also apply (see Section 6.2).
• (b) Shopify Merchants: you approve charges in your Shopify admin and they are billed through Shopify Billing on your Shopify invoice. Shopify’s terms for merchants also apply to how you are billed (see Section 6.3).

In both cases, these Terms govern the provision and use of the Service itself.

3.4 The Service is offered in the English language and these Terms are provided in English.

3.5 We may make these Terms available in a durable form (e.g. downloadable PDF). For Consumers, we will make the Terms available before or at the conclusion of the contract in a way that allows them to be stored and reproduced (Article 6:230c / 6:234 BW).

4. The Service

4.1 What Sigmira does. Sigmira is a SaaS product-customizer platform. Merchants embed the Service in their online store, on Shopify or WooCommerce, so that their End Users can personalise products. For example, End Users can add text in the fonts the Merchant offers and upload images or photographs. For each personalised order, the Service generates a print-ready Output File that the Merchant receives.

4.2 Provision "as a service". The Service is provided over the internet on a subscription basis. We may update, modify, and improve the Service from time to time. For Consumers, we will modify the digital service beyond what is needed to keep it in conformity only where Article 7:50ab BW (implementing Directive (EU) 2019/770) permits it and in accordance with that Article. This includes any obligation to inform you in advance and, where the modification negatively affects your access or use other than to a minor extent, to allow you to terminate.

4.3 Planned features are not guaranteed. References to planned or future functionality (such as features described on a roadmap) are indicative only. They do not form part of the agreed characteristics of the Service, are provided without commitment as to timing or availability, and may change or be withdrawn.

4.4 Third-party platforms. The Service integrates with third-party e-commerce platforms (Shopify and WooCommerce) and billing infrastructure (Paddle and Shopify Billing). We are not responsible for those third-party platforms, their availability, or their terms.

4.5 Beta and experimental features. Features marked as beta, preview or experimental are provided for evaluation. They may be changed or withdrawn at any time, may not work correctly, and are excluded from any conformity commitment to Business Customers and from any applicable SLA. For Consumers, statutory conformity rights under Section 14 remain unaffected.

5. Accounts, eligibility, and security of credentials

5.1 Eligibility. You must be at least 18 years old and able to enter into a binding contract to hold an Account. There is no separate registration form. For a WooCommerce Merchant, an Account is created when you complete checkout. For a Shopify Merchant, it is created when you install the Sigmira app in your Shopify store.

5.2 Accurate information. You must provide accurate, current and complete information and keep your account details up to date. Your Account credentials are your store’s admin login and, for WooCommerce Merchants, your licence key. You open the merchant dashboard from your store’s admin.

5.3 Credential security. You are responsible for safeguarding your Account credentials and for all activity that occurs under your Account. You must notify us promptly at hello@sigmira.com of any unauthorised use or suspected breach of security.

5.4 One Account per entity. Unless agreed otherwise, Accounts are for the registered Customer and its authorised users only and may not be shared, sold, or transferred without our consent.

5.5 Responsibility for End Users. A Merchant is responsible for its own End Users’ use of the embedded editor. This includes informing End Users of any applicable terms and ensuring a lawful basis for processing any personal data the Merchant collects through the Service.

5.6 Merchant’s own business and compliance. The Merchant is solely responsible for its own store and business. This includes complying with the consumer, product-safety, labelling, tax and e-commerce laws that apply to the Merchant’s sales, and the legality of the products it offers. Sigmira provides software only and does not provide legal, tax or compliance advice.

6. Plans, fees, and billing

6.1 Plans and fees. The Service is sold as subscription Plans. Starter, Growth and Pro are billed monthly or annually as you select; Enterprise is offered on individually agreed terms. Current Plan features and prices are shown at the point of sale: on sigmira.com and at checkout for WooCommerce Merchants, and in the Sigmira app and the Shopify approval screen for Shopify Merchants.

6.2 WooCommerce Merchants: Paddle as Merchant of Record. For WooCommerce Merchants, our order process and billing are handled by Paddle, which acts as the Merchant of Record (authorised reseller) for those purchases of the Service. This means:

• (a) Paddle is the legal seller of record to you for the subscription. When you purchase a Plan, you purchase it from Paddle, and Sigmira makes the Service available to you under these Terms.
• (b) Paddle charges you, collects and remits VAT/sales tax, issues the invoice/receipt, and processes payments, refunds and chargebacks in accordance with Paddle’s Buyer Terms and Checkout Terms.
• (c) Sigmira provides the Service; Paddle handles the sale and the payment relationship. Your billing-related rights and obligations (payment methods, invoicing, tax treatment, chargebacks) are governed by Paddle’s terms in addition to these Terms.
• (d) Paddle’s Buyer Terms are available at https://www.paddle.com/legal/buyer-terms. If these Terms and Paddle’s Buyer Terms conflict on the sale, payment, tax and refund mechanics, Paddle’s Buyer Terms govern those mechanics. These Terms continue to govern the provision and use of the Service.

6.3 Shopify Merchants: Shopify Billing. For Shopify Merchants, the Service is billed through Shopify Billing. This means:

• (a) You choose a Plan, and any additional order credits, inside the Sigmira app, and approve each charge in your Shopify admin.
• (b) Shopify adds the approved charges to your Shopify invoice and collects them using the payment method you have on file with Shopify. Sigmira does not receive or store your payment details.
• (c) Your Shopify invoice is the record of the charge.
• (d) Shopify’s own terms for merchants apply to how Shopify bills and collects these charges, in addition to these Terms.

6.4 Invoices. WooCommerce Merchants receive their invoices and receipts from Paddle, through Paddle’s systems (typically by email and/or a Paddle-hosted page). Shopify Merchants find the charges on their Shopify invoice.

6.5 Price display and VAT. Prices are shown inclusive or exclusive of VAT as indicated at the point of sale. For WooCommerce Merchants, Paddle determines, charges, collects and remits any applicable VAT or sales tax. Business Customers with a valid VAT identification number can usually enter it at checkout, so that VAT is accounted for under the reverse-charge mechanism where it applies.

6.6 Non-payment. If a charge fails or is reversed (for example a chargeback via Paddle, or an unpaid Shopify invoice), we may suspend or terminate your access to the Service in accordance with Section 17. Paddle or Shopify may also act under their own terms.

6.7 Usage allowances. Plans include a monthly order allowance as stated at the point of sale. Your customers are never blocked mid-design when you reach it. For the purposes of that allowance, a single order may contain up to ten (10) personalised items. An order with more counts proportionally towards the allowance (one order per started set of ten items). Where available, you can buy additional order credits at the prices shown in the dashboard. WooCommerce Merchants pay for them through Paddle; Shopify Merchants approve them as a one-time charge through Shopify Billing. Purchased order credits do not expire while your account exists. If your account data is deleted after your subscription ends (see Section 17.4), any unused credits lapse with it.

7. Free trial

7.1 Free trial. We offer a 14-day free trial of the Service, unless a different trial period is shown at sign-up or in the Shopify approval screen. No fee is charged during the trial period.

7.2 Cancellation during the trial. You may cancel at any time during the trial. If you do not cancel before the trial ends, your subscription converts into a paid Plan, unless stated otherwise at sign-up. The first charge is then taken by Paddle (WooCommerce Merchants) or added to your Shopify invoice (Shopify Merchants).

7.3 Trial conditions. Trials are intended for evaluation. We may limit, suspend, or withdraw a trial, or restrict trial eligibility (for example to one trial per Customer), where we reasonably suspect abuse.

7.4 Consumer information. Where the trial converts into a paid, recurring subscription, we will make sure that Consumers are clearly told before the trial begins that the subscription is recurring, what it costs, and how to cancel, in accordance with Article 6:230m BW.

8. Subscription term, automatic renewal, and cancellation

8.1 Term. A subscription runs for the billing period you select (monthly or annually). Unless cancelled, it renews automatically for successive periods of the same length so that the Service continues without interruption.

8.2 Cancellation generally. You may cancel your subscription at any time, effective at the end of the then-current billing period. After cancellation you will not be charged for further periods, and you keep access until the end of the period already paid for.

• WooCommerce Merchants cancel through their Account (Sigmira → License → Manage plan) and Paddle’s secure cancellation page, or by email to hello@sigmira.com.
• Shopify Merchants cancel their plan inside the Sigmira app in their Shopify admin, and keep access until the end of the period already paid for. Uninstalling the app is different: it ends the subscription and your access immediately. Shopify stops billing the app’s charges when the app is uninstalled, and your data is then erased as described in Section 17.4.

8.3 Consumers: Wet Van Dam (statutory cancellation rights). For Consumers, and notwithstanding anything to the contrary in these Terms, the following mandatory Dutch rules apply (Articles 6:236 sub j and 6:237 sub k–n BW, "Wet Van Dam"):

• (a) No unfair tacit lock-in. After any initial fixed term, the contract will not be tacitly renewed for a further fixed term. Instead it continues for an indefinite period.
• (b) Cancel at any time, max one month’s notice. Once the contract continues for an indefinite period (i.e. after the initial term), a Consumer may cancel at any time with a notice period of no more than one month.
• (c) Monthly subscriptions. A monthly Consumer subscription may be cancelled at any time with no more than one month’s notice.
• (d) Annual subscriptions. Any tacit renewal of an annual Consumer subscription beyond the initial fixed year results in an indefinite-term contract cancellable monthly as set out above; it will not silently re-lock for another fixed year.

8.4 Business Customers. For Business Customers, the renewal and notice provisions in Sections 8.1–8.2 apply as agreed at checkout or in the Shopify approval screen. The Wet Van Dam consumer protections in Section 8.3 do not apply to Business Customers, except where a court applies them by reflexive effect (reflexwerking).

8.5 Effect of cancellation. On expiry or cancellation, your right to use the Service ends. Provisions intended to survive (including Sections 11–12, 15–16, 18, 19, 22, 23) survive termination. See Section 17 for what happens to data after termination, and the DPA for data return and deletion.

9. Price changes

9.1 Notice of changes. We may change Plan prices. For ongoing subscriptions, we will give reasonable advance notice of any price increase by email and/or in-product notice before the increase takes effect. For Shopify Merchants, a higher price only takes effect after you approve it in your Shopify admin.

9.2 Consumer right to terminate. Where a price increase applies to a Consumer’s ongoing subscription, the Consumer may terminate the subscription with effect from the date the increase would take effect, by cancelling before that date.

9.3 Business Customers. For Business Customers, price changes take effect from the next renewal period following notice, unless agreed otherwise.

9.4 Changes in applicable VAT or other taxes are not "price changes" by Sigmira for the purposes of this Section.

10. Acceptable use and prohibited conduct

10.1 You agree not to, and not to permit any user or End User to:

• (a) use the Service in violation of any applicable law or regulation;
• (b) upload, create, process, or generate Content that is unlawful, infringing, defamatory, obscene, hateful, or that depicts or promotes child sexual abuse, violence, or illegal activity;
• (c) infringe the intellectual property, privacy, publicity, or other rights of any third party (including uploading trademarks, logos, or copyrighted artwork without authorisation);
• (d) attempt to gain unauthorised access to, interfere with, disrupt, or overload the Service or its infrastructure;
• (e) reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by mandatory law;
• (f) resell, sublicense, or provide the Service to third parties except as expressly permitted by your Plan (a Merchant embedding the editor for its own End Users is permitted use);
• (g) use the Service to send spam, malware, or to scrape or harvest data unlawfully;
• (h) circumvent usage limits, billing, or access controls.

10.2 Enforcement. We may investigate suspected violations and may remove Content, and/or suspend or terminate access, in accordance with Sections 11.5 and 17.

11. User and Merchant Content

11.1 Ownership. As between you and Sigmira, you (and, as applicable, your End Users) retain all ownership of your Customer Content. Sigmira claims no ownership of Customer Content.

11.2 Licence to Sigmira. You grant Sigmira a limited, non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, process, adapt, and render Customer Content solely to the extent necessary to provide, maintain, secure, and support the Service. This includes generating Output Files, displaying designs in the editor, and producing previews. The licence lasts as long as needed to provide the Service and ends when the Content is deleted. It continues only for retained backups, transient caches, and where the law requires us to keep the Content. Sigmira will not use Customer Content for unrelated purposes.

11.3 Your warranties. You represent and warrant that:

• (a) you own or have all necessary rights, licences, and permissions to the Customer Content and to grant the licence in Section 11.2;
• (b) the Customer Content, and Sigmira’s processing of it as contemplated here, does not infringe any third-party rights and is not unlawful; and
• (c) where End Users upload Content through your embedded editor, you have appropriate terms and a lawful basis in place with those End Users.

11.4 Merchant responsibility for End-User content. Merchants are responsible for the Content their End Users upload and for handling complaints about it. Sigmira processes such Content on the Merchant’s behalf under the DPA.

11.5 Takedown. We may remove or disable access to Content that we reasonably believe violates these Terms, infringes third-party rights, or is unlawful. Where practicable and lawful, we will notify the responsible Customer. We operate a notice-and-takedown process: send reports of infringing or unlawful Content to hello@sigmira.com. That address is also our single point of contact under Regulation (EU) 2022/2065 (Digital Services Act). We may suspend or terminate the Accounts of Customers who repeatedly host infringing Content.

11.6 Personal data in Content. Where Customer Content contains personal data, the DPA and Privacy Notice (Section 18) apply.

12. Intellectual property in the platform

12.1 Sigmira’s IP. The Service, including all software, source code, design, user interfaces, text, graphics, logos, the "Sigmira" name and marks, and all related intellectual property rights, are owned by Sigmira or its licensors and are protected by law. Nothing in these Terms transfers any such rights to you.

12.2 Licence to you. Subject to these Terms and payment of applicable fees, Sigmira grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your subscription term for your internal business purposes (or, for Consumers, for your own use).

12.3 Feedback. If you provide feedback or suggestions, you grant Sigmira a perpetual, royalty-free licence to use them without obligation to you.

12.4 Reservation. All rights not expressly granted are reserved by Sigmira.

12.5 Sigmira Assets. Content that Sigmira makes available within the Service ("Sigmira Assets", such as the default font set) is licensed, not sold. You may use it within the Service, and in Output Files produced through the Service, for the duration of the subscription. Sigmira Assets are provided as-is; it is the Customer’s responsibility to assess whether they suit a specific commercial use. Fonts and other assets uploaded by the Customer remain the Customer’s responsibility, including the licences required for embedding and print reproduction.

13. Service availability, maintenance, and support

13.1 Reasonable efforts. We will use commercially reasonable efforts to keep the Service available, but, except where an SLA Plan expressly applies, we do not guarantee any specific uptime, and the Service is provided without a service-level commitment.

13.2 Maintenance. We may carry out scheduled or emergency maintenance, which may temporarily interrupt the Service. We will give reasonable notice of planned maintenance where practicable.

13.3 SLA Plans. Where your Plan (e.g. Enterprise) includes a specific service-level agreement, that SLA applies in addition to these Terms and prevails over Section 13.1 for the metrics it covers.

13.4 Support. Support is provided at the level applicable to your Plan, via the channels we designate. Support hours and response targets, if any, are as published for your Plan.

13.5 Consumer conformity unaffected. Nothing in this Section limits a Consumer’s statutory conformity rights under Section 14.

14. Warranty and conformity

14.1 Consumers: statutory conformity. For Consumers, the Service must conform to the contract as Dutch law requires. This includes the conformity rules for digital content and digital services in Book 7 of the Dutch Civil Code (Articles 7:50aa–7:50ag BW, implementing Directive (EU) 2019/770). These statutory consumer guarantees cannot be excluded or limited. Any "as-is" or disclaimer language in these Terms does not apply to Consumers where it would reduce those mandatory rights. If the Service does not conform, a Consumer is entitled to the statutory remedies (such as having the Service brought into conformity, a price reduction, or termination) on the conditions set out in those provisions.

14.2 Business Customers: limited warranty / as-is. For Business Customers, and to the maximum extent permitted by law, the Service is provided "as is" and "as available". Sigmira disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated in these Terms or an applicable SLA.

14.3 No guarantee of specific results. Sigmira does not warrant that the Service will be uninterrupted or error-free, or that every Output File will meet a Merchant’s specific print specifications. Merchants are responsible for verifying Output Files before production. This Section is subject to Sections 14.1 and 15.

14.4 Acceptance of Output Files (Business Customers). A Merchant must review and approve each Output File before using it in production. By sending an Output File to production (or to a fulfilment partner), the Merchant accepts that file as conforming. Subject to Section 15.1, Sigmira is not liable for production costs, material waste, reprints, or fulfilment costs incurred in reliance on an Output File that the Merchant did not verify.

15. Limitation of liability

15.1 Liability that cannot be limited. Nothing in these Terms excludes or limits Sigmira’s liability where it may not lawfully be excluded or limited, including liability for:

• (a) damage caused by intent or deliberate recklessness (opzet of bewuste roekeloosheid) of Sigmira or its management;
• (b) death or personal injury caused by Sigmira’s fault;
• (c) any mandatory statutory rights of Consumers (including statutory conformity remedies under Section 14); and
• (d) any other liability that cannot be excluded under applicable mandatory law.

15.2 Exclusion of indirect loss. Subject to Section 15.1, Sigmira is not liable for indirect or consequential loss. This includes loss of profit, revenue, business, goodwill or anticipated savings, and loss or corruption of data beyond what mandatory law requires us to bear.

15.3 Cap on liability (Business Customers). Subject to Section 15.1, Sigmira’s total aggregate liability to a Business Customer under or in connection with these Terms is limited to the fees paid by or on behalf of that Customer for the Service in the twelve (12) months before the event giving rise to the liability. This applies whether the claim is in contract, tort (including negligence), or otherwise.

15.4 Cap on liability (Consumers). For Consumers, any limitation of liability applies only to the extent permitted by mandatory law, and the carve-outs in Section 15.1 always prevail.

15.5 Customer Content. Sigmira is not liable for Customer Content or for the consequences of Output Files produced from designs supplied by you or your End Users, except to the extent caused by Sigmira’s own breach or as set out in Section 15.1.

15.6 Time bar. Subject to mandatory law, any claim against Sigmira must be notified in writing without undue delay after the Customer became or should have become aware of it. A Business Customer’s claim arising out of or in connection with these Terms lapses unless it is brought before the competent court within twelve (12) months after the Business Customer became aware, or should reasonably have become aware, of the facts on which it is based. Consumers’ statutory limitation periods are unaffected.

16. Indemnification (Business Customers)

16.1 A Business Customer shall indemnify and hold harmless Sigmira against third-party claims, damages, losses, and reasonable costs (including reasonable legal fees) arising out of or relating to:

• (a) the Business Customer’s Customer Content or its End Users’ Content (including IP infringement, unlawful content, or privacy violations);
• (b) the Business Customer’s breach of these Terms or of applicable law; or
• (c) the Business Customer’s use of the Service in a manner not authorised by these Terms.

16.2 This indemnity does not apply to Consumers.

16.3 Sigmira will notify the Business Customer of any such claim, allow the Business Customer to participate in the defence, and not settle without consultation, save to protect its legitimate interests.

17. Suspension and termination

17.1 Suspension. We may suspend your access to the Service, in whole or in part, with notice where practicable, if:

• (a) you fail to pay amounts due (including a failed charge or chargeback via Paddle, or an unpaid charge on your Shopify invoice);
• (b) we reasonably believe your use violates Section 10, infringes third-party rights, or is unlawful; or
• (c) suspension is necessary to protect the security, integrity, or availability of the Service or other users.

17.2 Termination by you. You may terminate by cancelling your subscription in accordance with Sections 7 and 8, or, as a Shopify Merchant, by uninstalling the Sigmira app, which ends your access immediately.

17.3 Termination by us. We may terminate or not renew the contract for material breach that is not cured within a reasonable period after notice (where the breach is curable), for repeated or serious violations of Section 10, for unlawful Content, or for non-payment. For Consumers, termination by us will respect mandatory consumer-protection and proportionality requirements.

17.4 Effect. On suspension or termination, your right to use the Service is suspended or ends. Fees already due remain payable.

• (a) Retrieval. If you cancel, Customer Content stays retrievable through the Service until the end of the paid period. If you uninstall the Sigmira app from a Shopify store, access ends immediately.
• (b) Shopify Merchants. When you uninstall the Sigmira app, Shopify sends us a request to erase your shop’s data 48 hours later. We erase your shop’s data, including your End Users’ designs, uploaded images and Output Files, within 30 days of that request. If you reinstall the app before we erase, your data is kept.
• (c) WooCommerce Merchants. We keep your Account data and configuration, including your stores’ order designs and files, for 180 days after your subscription ends so you can reactivate, and then delete it. We email you 30 days and 10 days before deletion. The plugin’s own data in your WordPress site is not affected.
• (d) Retention schedule. Uploaded images and Output Files are also removed from file storage on the schedule set out in our Privacy Notice (Section 7) and the DPA, whatever the state of your subscription.
• (e) Refunds. Refunds (if any) are handled by Paddle for WooCommerce Merchants and through Shopify Billing for Shopify Merchants, subject to Section 22 and the Refund & Cancellation Policy.

18. Data protection and security

18.1 Sigmira processes personal data in accordance with the GDPR (Regulation (EU) 2016/679) and the Dutch Uitvoeringswet AVG.

18.2 Privacy Notice. Our Privacy Notice describes how we process personal data as controller (e.g. Account and billing-related data). Billing data processed by Paddle is governed by Paddle’s privacy terms. Billing data processed by Shopify is governed by Shopify’s privacy terms.

18.3 Data Processing Agreement. Sigmira acts as processor when it processes personal data on a Merchant’s behalf, for example End-User Content and personal data submitted through the embedded editor. In that role the Merchant is the controller, and the Data Processing Agreement (DPA) applies and forms part of the contract. In short, Sigmira:

• (a) processes that data only on the Merchant’s documented instructions;
• (b) keeps it confidential;
• (c) protects it with appropriate security measures, including encryption in transit and at rest, EU hosting (AWS, Frankfurt), and access control;
• (d) uses only the sub-processors listed in the DPA, and gives 30 days’ notice of changes;
• (e) notifies the Merchant of a personal data breach without undue delay; and
• (f) deletes that data at the end of the contract, as set out in Section 17.4 and the DPA.

18.4 Security. Sigmira maintains appropriate technical and organisational measures as described in the DPA and/or Privacy Notice.

18.5 Shopify privacy requests. For Shopify Merchants, Sigmira handles Shopify’s mandatory privacy webhooks (customers/data_request, customers/redact and shop/redact) as described in the Privacy Notice (Section 9).

18.6 This Section does not duplicate the DPA or Privacy Notice; in case of conflict on data-protection matters, the DPA prevails.

19. Confidentiality

19.1 Each party may receive confidential information of the other. Each party will keep the other’s confidential information confidential, use it only to perform under these Terms, and protect it with reasonable care.

19.2 Confidentiality does not apply to information that is or becomes public without breach, is lawfully known or received without restriction, or must be disclosed by law or court/regulatory order (with notice where lawful).

19.3 This Section survives termination for three (3) years, except for trade secrets which remain protected for as long as they qualify as such.

20. Force majeure

20.1 Sigmira is not liable for any failure or delay in performing its obligations (other than payment obligations) caused by circumstances beyond its reasonable control (overmacht, Article 6:75 BW). Examples are outages at internet, hosting or e-commerce platform providers, failures of upstream service providers, cyber-attacks, power failures, strikes, war, terrorism, pandemics, natural disasters, and acts of government.

20.2 If a force-majeure event continues for a prolonged period, either party may terminate the affected obligations. This Section does not affect a Consumer’s mandatory rights.

21. Changes to these Terms

21.1 Right to amend. We may amend these Terms (for example to reflect changes in the Service, law, or business practices). We will publish the updated Terms with a revised "Last updated" date.

21.2 Notice. For material changes affecting ongoing subscriptions, we will give reasonable advance notice by email and/or in-product notice before the changes take effect.

21.3 Consumers: right to reject. If a change alters the contract materially and to your detriment, a Consumer may reject it by terminating the subscription before the change takes effect. In that case the existing Terms apply until the end of the current paid period. Continuing to use the Service after a non-material change, or after the notice period for a material change without terminating, counts as acceptance.

21.4 Business Customers. For Business Customers, changes take effect on the date stated in the notice, or at the next renewal, as indicated.

22. Right of withdrawal (Consumers) and refunds

22.1 Statutory right of withdrawal. Under the EU Consumer Rights Directive (2011/83/EU) as implemented in Articles 6:230o ff. BW, a Consumer who concludes a distance contract for a digital service generally has a 14-day right of withdrawal.

22.2 Express request to begin / waiver. A Consumer may expressly ask for the Service to begin during the 14-day withdrawal period and expressly acknowledge that they will lose the right of withdrawal once the Service has been fully performed. In that case the right of withdrawal is lost or limited to that extent, in accordance with Article 6:230p sub d BW and Article 16 of Directive 2011/83/EU. If the Service is supplied during the withdrawal period at the Consumer’s request and the Consumer then withdraws, the Consumer may owe a proportionate amount for the part already performed.

22.3 No voluntary refunds after a paid charge. Save as required by mandatory law, Sigmira does not offer voluntary refunds after a paid charge has been taken. This is without prejudice to any mandatory statutory consumer rights, including the right of withdrawal in Section 22.1 (where not validly waived) and statutory conformity remedies in Section 14.

22.4 How refunds are paid. Any refund, including one arising from a valid exercise of the right of withdrawal, is processed:

• (a) for WooCommerce Merchants, by Paddle under Paddle’s Buyer Terms, because Paddle is the Merchant of Record (Section 6.2);
• (b) for Shopify Merchants, as a refund or credit through Shopify Billing, which appears on your Shopify invoice.

22.5 Refund & Cancellation Policy. Full details of trials, cancellation, withdrawal, and refunds are set out in our separate Refund & Cancellation Policy, which forms part of these Terms.

23. Complaints, dispute resolution, governing law, and jurisdiction

23.1 Complaints. If you have a complaint, please contact us first at hello@sigmira.com. We aim to acknowledge complaints promptly and to respond within a reasonable period. For a billing complaint, you may also need to contact Paddle (WooCommerce Merchants) or Shopify (Shopify Merchants).

23.2 Governing law. These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Netherlands. For Consumers, this choice of law does not deprive the Consumer of the protection of mandatory provisions of the law of the country of their habitual residence (Article 6 Rome I Regulation (EC) No 593/2008).

23.3 Jurisdiction. The competent court is the Rechtbank Midden-Nederland, location Utrecht, the Netherlands. For Consumers, this is without prejudice to mandatory consumer forum rules: a Consumer may bring proceedings in, and may be sued only in, the courts of their place of domicile, in accordance with Articles 17–19 of the Brussels I bis Regulation (EU) No 1215/2012 and applicable mandatory law.

23.4 Alternative dispute resolution. Note: the European Commission’s Online Dispute Resolution (ODR) platform was permanently discontinued on 20 July 2025 (the ODR Regulation (EU) No 524/2013 was repealed by Regulation (EU) 2024/3228) and is therefore no longer available. Consumers may still use available alternative dispute resolution (ADR) bodies.

23.5 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision will be replaced by a valid one that most closely reflects its intent (and, for Consumers, by the applicable statutory rule).

24. Contact

Sigmira, Quincy van der Ree (eenmanszaak)
Verdiweg 671, 3816 KW Amersfoort, The Netherlands
Email: hello@sigmira.com
KvK: 82195757. VAT/BTW: NL003652487B20

Billing and payment matters:

• WooCommerce Merchants: our Merchant of Record is Paddle; see https://www.paddle.com/legal/buyer-terms.
• Shopify Merchants: charges are billed through Shopify Billing on your Shopify invoice.