Terms & License

1. These terms apply to using werk.build and all Shopify sections offered there (“sections”). The provider is DTA-Media · Kardatzki & Holzleitner Webdesign GbR (Imprint), “we” below.
2. werk is offered to businesses only within the meaning of § 14 of the German Civil Code (BGB): natural or legal persons and partnerships with legal capacity acting in the course of their trade, business or profession. By copying or downloading a section you confirm that you act as a business. Consumers may not use werk.
3. Your own terms do not apply, even if we don’t explicitly object to them.

1. A usage agreement is formed when, after entering your first name and email address, you retrieve the code of a section (copy or download it). For each section, the version of these terms at the time of retrieval applies.
2. Using werk is currently free of charge. If we offer paid services later, separate terms will apply to them. Sections you retrieved for free until then may still be used in the retrieved version under these terms.
3. There is no right to any particular availability of werk.build, to particular sections, updates, bug fixes, support or the service continuing. We may change, extend or discontinue sections and the service at any time. Bug notices and answers to requests are given voluntarily.

1. For each retrieved section we grant you a simple (non-exclusive), non-transferable, non-sublicensable and perpetual right to use it in Shopify stores run by you or the business you act for, and to modify and adapt it for that purpose. The number of these own stores is not limited.
2. In particular, it is not allowed:
   • to use sections in stores not run by you or your business, for example as an agency or freelancer for clients. Your clients can get sections themselves for free on werk.build;
   • to sell, rent or otherwise pass on the code to third parties or publish it – also for free, also modified or in parts – e.g. in repositories, marketplaces, forums or courses;
   • to build sections into themes, apps, templates, section collections or other products that are sold or passed on to third parties;
   • to remove or change the license comment at the top of the code or the license key (item 4);
   • to retrieve code or content automatically (e.g. by script) or to use it to train AI models.
3. Every retrieved section contains a license key assigned to you (e.g. “W01-7K2Q9F”): in the license comment, as the attribute “data-werk-license” and in the stylesheet. We may check publicly accessible stores and content – also automatically and with the help of third-party services – for whether our sections are used within this license.
4. All rights in the sections not expressly granted to you remain with us. This also applies to sections you adapted, to the extent they contain our code.

1. The demo images in the sections are placeholders for the preview. You get no right to use them in your published store and replace them with your own content before going live.
2. The design fonts (Onest, Geist Mono, Nothing You Could Do) are licensed under the SIL Open Font License 1.1 and may be used under its terms.
3. Demo images and fonts load from our storage on the Shopify CDN by default. We don’t promise they stay available permanently. We recommend using your theme fonts or hosting the fonts yourself (setting “font_url”).

1. You duplicate your theme before installing, changing or updating a section, and test it in the copy or preview on the devices and pages where you want to use it before you publish it.
2. You keep a current backup of your theme (e.g. a duplicated or downloaded theme) so you can return to the previous state at any time.
3. After updates to Shopify, your theme or your apps, you check that the sections still work as intended.
4. You alone are responsible for your store and its lawfulness, in particular for the content, images, texts and product data you use, price information (e.g. the German Price Indication Ordinance, unit prices, tax and shipping notes), mandatory information, accessibility (e.g. the European Accessibility Act as implemented in your country), data protection, and trademarks and copyrights. The sections are design tools; they don’t check content and don’t replace legal advice.

1. We provide the sections free of charge and as is. We test them carefully but don’t promise that they are free of errors, work with particular themes, apps, browsers or devices, or work with future versions of Shopify or themes.
2. Claims for defects of quality or title are excluded unless we fraudulently concealed the defect.

1. We are liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects and under the German Product Liability Act.
2. Otherwise our liability is excluded. Since we provide the service free of charge, we are in particular not liable for slight negligence (cf. §§ 521, 599 BGB).
3. Where we are nevertheless mandatorily liable for slight negligence – for instance for breaching a duty whose fulfilment makes performing the agreement possible in the first place and on which you may regularly rely – liability is limited to the damage foreseeable and typical for this kind of agreement when it was formed.
4. For loss of data we are only liable up to the effort that would have been needed to restore it had it been backed up regularly as set out in clause 06. If you breach your duties under clause 06, this counts as contributory fault in case of damage (§ 254 BGB).
5. These rules also apply to our partners, employees, representatives and agents.

You indemnify us against all third-party claims brought against us because of the use of sections in your store, the content of your store or a breach of these terms – for example by your customers, visitors, competitors or authorities – to the extent you are responsible for the underlying breach. This includes reasonable legal defence costs. We will inform you of such claims without delay.

If you breach the license (clause 04), we may terminate your right of use with immediate effect and block your access. After termination you remove the affected sections from all stores and delete all copies of the code. Further claims remain unaffected.

We may use section requests, ideas and feedback freely, without payment or attribution, including for new sections. There is no right to have a request built.

We may change these terms for the future. For each section, the version at the time it was retrieved applies (clause 03). The date of the current version is at the top.

1. The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.
2. If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes is our seat in Tacherting, Germany. We may also sue you at your general place of jurisdiction.
3. These terms exist in German and English. The German version is binding.
4. If a provision is invalid, the others remain valid. The statutory rule takes the place of the invalid provision.