Terms of Service

#§ 1. General

These Terms of Service (hereinafter: “TOS”) define the rules for using the Atlas Pickup Points App available in Shopify App Store (hereinafter: the “App”). The App is a web-based tool available exclusively within the Shopify ecosystem.
The App is Service Provider’s system created to improve functionality of the online store run by the Merchant, made available in the Shopify App Store in accordance with Shopify Regulations with the main purpose of which is increasing the functionality of the online store run by the Merchant by offering additional options related to sales of goods to Buyers. A detailed list of features is available on the website https://atlaspickuppoints.com or in the Shopify App Store: https://apps.shopify.com/atlas-pickup-points.
The TOS are the terms of service referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: the “Act on the Provision of Services by Electronic Means”).
The App administrator and provider is Patryk Jakubik, running a business under the name PATRYK JAKUBIK with its registered office in Zielonka, at Prymasa Stefana Wyszyńskiego 7H/4, 05-220 Zielonka, Poland, entered into the Central Register of Information on Business Activity kept by the minister competent for the economy, having NIP (TIN): 8672245025, EU VAT number: PL8672245025, REGON: 380109870 (hereinafter: “Service Provider”).
Contact with the Service Provider is possible by email – at the following address: support@atlaspickuppoints.com.
In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: “DSA”), the Service Provider has appointed a contact point for direct communication with the authorities of the EU Member States, the European Commission, the Digital Services Council and App Merchants on matters covered by the DSA regulation. The contact point is available at: support@atlaspickuppoints.com.
Before starting to use the App, the Merchant is obliged to read and accept the TOS and the Privacy Policy.
The App and Services are intended exclusively for Entrepreneurs and individuals who use them strictly for professional purposes. The Service Provider does not perform Services or make the App available to Consumers or to Entrepreneurs with Consumer Rights.

#§ 2. Definitions

Capitalised words used in the TOS have the following meanings:
1. App – Service Provider’s system created to improve functionality of the online store run by the Merchant, made available in the Shopify App Store in accordance with Shopify Regulations with the main purpose of which is increasing the functionality of the online store run by the Merchant by offering additional options related to sales of goods to Buyers. A detailed list of features is available on the website https://atlaspickuppoints.com or in the Shopify App Store https://apps.shopify.com/atlas-pickup-points;
2. Civil Code – Act of 23 April 1964 Civil Code;
3. Consumer – a natural person performing a legal act with the Service Provider that is not directly related to their business or professional activity;
4. Content – any data (including personal data), electronic files, own products, pickup points names, information and materials saved or added by the Merchant in the App;
5. Buyers – the Merchant’s end Buyers who shop at the Merchant’s online store;
6. Entrepreneur – a natural person, a legal person or an organisational unit without legal personality, which is granted legal capacity by special regulations, conducting business or professional activity in its own name;
7. Entrepreneur with Consumer Rights – a natural person conducting business or professional activity in his or her own name, who has concluded an agreement with the Service Provider directly related to his or her business activity, but which does not have a professional character for that person, resulting in particular from the subject of his or her business activity;
8. License – a license granted by the Service Provider to use the App pursuant to the Service Agreement. Detailed terms of the License are set forth later in the TOS;
9. Price List – a document or information specifying the current price of the Service, the Subscription Period, the Subscription Fee, the variant of the Service’s operation and other conditions indicated therein, as well as terms of Trial Period;
10. Privacy Policy – a document containing information on the processing of Merchants personal data by the Service Provider;
11. Service – a digital service under which the Service Provider grants a License and provides access to the App for a Subscription Fee consisting in enabling the Merchant to use the functionality of the App (the service may be provided free of charge during the Trial Period);
12. Service Agreement/Agreement – an agreement for the provision of a Service on the basis of which the Service Provider undertakes to provide the Service to the Merchant;
13. Service Provider – the term defined in § 1 Section 4 of the TOS;
14. Shopify – Shopify Inc. with its registered office at 151 O’Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada and its affiliates;
15. Shopify Account – an account that allows the Merchant to use Shopify, which is required to install and start using the App;
16. Shopify App Store – online store where apps within the Shopify ecosystem are available, offered by Shopify;
17. Shopify Regulations – all legal regulations that both the Merchant and the Service Provider are required to comply with – available at https://www.shopify.com/legal;
18. Subscription Fee – a fee paid by the Merchant in advance in exchange for the Service, determined in accordance with the Price List in force at the time of ordering the Service. The Subscription Fee is charged exclusively by Shopify through Shopify.
19. Subscription Period – the period for which the Service Provider makes the Service available to the Merchant in accordance with the Price List;
20. Trial Period – free trial period for the App, during which the Merchant can familiarise themselves with its features, offered under the terms set forth in the TOS. Trial Period can be used once;
21. Merchant – an Entrepreneur or a person who uses the App as part of their professional activities has an account on the Shopify platform and an online store.
22. Pickup Point Database – the collection of data on carriers’ pickup points made available through the App, including the names, addresses, geographic coordinates, opening hours, identifiers and service parameters of those points, together with its structure and the selection, verification, arrangement and presentation of its contents.

#§ 3. Technical Requirements

In order for the Merchant to properly use the Services provided by the Service Provider, it is necessary to have:
1. Internet connection;
2. devices that allow you to use Internet resources;
3. a web browser supported by the Shopify administrative console and Shopify Checkout;
4. Shopify Account;
5. operational online store;
6. JavaScript enabled and cookies permitted for the Shopify administrative console in which the App runs;
7. active Shopify App Store;
8. active email account.
If the Merchant uses equipment or software that does not meet the technical requirements specified in Section 1, the Service Provider does not guarantee the correct performance of the Agreement and reserves that it may have a negative impact on the quality and ability to provide the Services and the operation of the App.
As part of the App, the Merchant is prohibited from using viruses, bots, worms or other computer codes, files or programs (in particular, those automating the processes of scripts and the App or other codes, files or tools).
The Service Provider informs that it uses cryptographic protection of electronic transfer and digital content by applying appropriate logical, organisational and technical measures, in particular to prevent third parties from accessing the data, including SSL encryption, the use of access passwords and anti-virus programs or against unwanted software.
The Service Provider informs that despite application of the security measures referred to in Section 4 above, the use of the Internet and services provided electronically may be at risk of malware getting into the ICT system and the Merchant’s device or gaining access to the data on this device by third parties. In order to minimise the threat mentioned, the Service Provider recommends the use of antivirus programs or means protecting identification on the Internet.

#§ 4. General Terms of Use

The Merchant is aware that the App does not function as a standalone application. No account is created within the App. The App operates exclusively within the Shopify ecosystem and requires configuration, installation, and payment of a Subscription Fee (except during the Trial Period).
The App allows you to link pickup points at checkout in the Merchant Shopify store. The Service Provider is not responsible for the delivery process or the relationship between the Merchant and the suppliers or operators of the pickup points. The App is intended solely to technically link external pickup points for a given Merchant. The Service Provider is not a carrier, provider or operator of pickup points.
The Service Provider is not responsible for Merchants stores or the content displayed in those stores. Furthermore, the Service Provider is not a party to any agreement entered into between a Merchant and a Buyer through the Merchant’s store.
The use of the App is subject to a fee (except for the Trial Period). In addition, the Service Provider reserves the right to introduce additional, optional functions or services in the future, which may be available for a fee. The Service Provider shall inform the Merchant of any change concerning the introduction of paid functions in good time.
The Merchant is obliged to use the App in a manner consistent with the provisions of generally applicable law, the provisions of TOS, Shopify Regulations, as well as with good manners.
The provision of illegal Content by the Merchant is prohibited.
The Merchant using the services provided by the Service Provider is obliged to provide only data (including personal data) consistent with the actual state. The Service Provider is not responsible for the consequences of providing false or incomplete data by the Merchant.
In the event that an activity within the App is performed by a natural person acting on behalf of a Merchant who is not a natural person, such an action is tantamount to a declaration by the natural person performing such an activity that he or she is entitled to represent the Merchant. The Service Provider is entitled to require such a natural person to provide proof of their authority to represent the Merchant, in particular a power of attorney document or an extract from the relevant register. In the event of performing an action on behalf of the Merchant despite the lack of authorisation to represent him, the natural person performing this activity bears the liability provided for in the provisions of the Civil Code.
In the event of technical problems related to the functioning of the App, the Merchant may report them by email to support@atlaspickuppoints.com.
In particular, the following are considered to be a violation of the TOS:
1. providing illegal Content;
2. the Merchant’s use of the Service and functionalities contrary to their purpose, law, good manners or the principles of social coexistence;
3. providing false data by the Merchant;
4. providing by Merchant, Content that is misleading, violates good morals, the rules of social coexistence or violates the rights of third parties;
5. interference with the technical structure of the App.
6. decompilation, reverse engineering, attempting to gain access to the source code, use outside the scope of the license;
7. other activities specified as prohibited in the TOS.
In the event of a violation of the TOS, the Service Provider may call on the Merchant to remove it and set a deadline of not less than 24 hours for this purpose.
Failure to remove a violation of the TOS may result in your access to the App being blocked by Service Provider.
All statements, summons, notices and information referred to in the TOS may be transmitted by email, unless a specific provision of the TOS provides otherwise.
The Service Provider is solely responsible for the App within the limits of liability set forth in the TOS. Shopify is not liable for any fault in the App or any harm that may result from its installation or use; except where expressly stated by Shopify. Shopify cannot provide assistance with the installation or use of the App. Shopify is not responsible for access to or use of the App.

#§ 5. Service Agreement

In order to conclude the Service Agreement, the Merchant should perform the following steps:
1. go to Shopify App Store and search for the App;
2. click on “Install” button;
3. read the instructions and select a plan from the Price List;
4. select billing period;
5. click on “Approve” button;
6. complete the payment of the Subscription Fee;
Clicking on “Approve” is tantamount to concluding a Service Agreement by the Merchant.
To use all features and fully integrate and connect the App to the online store, the Merchant must complete configuration of the App after concluding Service Agreement.
The Service Agreement is entered into for an indefinite period. Either party may terminate the Service Agreement. The Merchant may terminate the Service Agreement by uninstalling the App or cancelling the subscription. Agreement terminated under this procedure is terminated immediately. Uninstalling the App does not affect obligation to pay the Subscription Fee for the remainder of the billing period. Service Provider may terminate the Service Agreement upon the expiration of the Subscription Period.
In the event that the Merchant uses the App or Services in a manner contrary to the provisions of generally applicable law, the provisions of the TOS or good morals, as well as the provision of Content of an illegal nature by the Merchant and in the event of non-payment of the Subscription Fee, the Service Provider may terminate the Service Agreement with immediate effect. Termination of the Agreement under these terms does not affect obligation to pay the Subscription Fee for the remainder of the billing period.
The Service Provider may offer a free Trial Period. The Trial Period and its availability are subject to the Service Provider’s discretion. The Service Provider does not guarantee that it will always offer a Trial Period. The Trial Period can be used only once. Once Merchant uninstalls the App, Merchant cannot use the Trial Period again.
To enter into an Agreement under the Trial Period, Merchant needs to click the “Try for free” button in the appropriate window during the steps described in Section 1.
The terms of the Trial Period are specified in the App’s listing on the Shopify App Store and in the Price List.
The Trial Period may be cancelled at any time without any obligation. In the event of cancellation of the Trial Period, the Merchant is not obliged to pay the Subscription Fee. The panel for cancelling the Trial Period can be found in the Shopify Account settings.
Failure to cancel the Trial Period before the deadline specified in the Shopify App Store or in the Price List is deemed to constitute the conclusion of a paid Agreement. In that case Subscription Fee is charged.
When selecting the Trial Period, Merchant must provide payment card information, including the billing period. Card information is not collected by the Service Provider. This information is necessary for Shopify to process payments.
Detailed description of the functionalities can be found in the Price List, the Shopify App Store listing or on the website https://atlaspickuppoints.com.
Service Provider shall provide updates and technical support. As part of its technical support, the Service Provider provides ongoing technical support. Reports can be sent by email or through the form in the App. Service Provider undertakes to respond to reports promptly, but does not guarantee to resolve issues regarding App in certain time. Priority is given to reports submitted by Merchants who have a higher-tier plan as listed in the Price List. Support is provided on business days. Additional conditions for support may result from individually tailored options.
If the Merchant needs technical support referred to in Section 13 above, he is obliged to grant the Service Provider access to the online store, for example by adding a staff account or accepting a collaborator request. Otherwise, the Service Provider will not be able to provide technical support.
The Service Provider and the Merchant undertake to refrain from any actions that may hinder or destabilise the functioning of the App. However, certain work in the execution of the Agreement or as part of technical support may result in the temporary unavailability of the App.
The Service Provider informs, and the Merchant acknowledges, that in order to comply with the Service Agreement, the Merchant may be required to install general Shopify system updates or extensions.
The Merchant may uninstall the App at any time.
The Service Provider uses AI-based solutions to provide technical support, including responding to support inquiries. All binding decisions are ultimately made by a human, and the Service Provider maintains oversight of the use of AI. The Service Provider represents and warrants that neither Merchant data nor personal data entrusted by the Merchant will be used to create or train any AI systems.
In the event of termination of the Service Agreement, the Service Provider will retain the data for a maximum of 30 days. During this time, the Merchant may export the data. To do so, the Merchant must contact the Service Provider. After 30 days, the data will be deleted, unless a different retention period is required by mandatory provisions of law. The Service Provider ensures that the data are provided in a structured, commonly used and machine-readable format.

#§ 6. Fees and Billing

The prices of services in the Price List are expressed in U.S. dollars and represent gross amounts. Depending on where your business is located, applicable national taxes may be charged as part of a transaction processed by Shopify.
The Service Provider grants the License to the App and enables its use to the Merchant as for the remuneration received from Shopify, and all settlements for the granting of the License to the App are made between the Service Provider and Shopify.
The Subscription Fee for granting of the License to the App and enabling its use is paid via the payment gateway dedicated by Shopify in advance, within the deadlines specified in the information provided after installing the App and in Price List. Payments will automatically renew at the end of the billing period selected by the Merchant.
The relevant Shopify Regulations regarding payments and invoicing apply.
All payments are processed by Shopify. The Service Provider does not require or receive any compensation, fees, or funds directly from the Merchant.
The Merchant acknowledges that if the fee is not paid, the App will be unavailable.
Merchant is obliged to pay the Subscription Fee according to the amounts indicated in the Price List. Changes to the prices indicated in the Price List are announced within the App and do not constitute changes to these TOS.

#§ 7. Pricing

The current Price List is available at: https://apps.shopify.com/atlas-pickup-points.
The Price List may provide that a certain number of Services may be used by the Merchant free of charge.
The pricing includes different pricing plans and functionalities for each plan.
The Service Provider may change the Price List at any time.
The Service Provider may make changes to the Price List that will affect the amount of the Subscription Fee. In the event of a change in the Price List that affects the Merchant’s Subscription Fee – the Merchant shall be notified of it at least 30 days in advance. Acceptance of the new price requires the Merchant’s approval.
If the Merchant does not agree to the change – Merchant should terminate the Agreement and send the Service Provider a notice to that effect or uninstall the App.

#§ 8. Complaints Regarding the Service: Entrepreneurs

In the event of disclosure of non-compliance of the Service with the TOS, the Merchant may file a complaint.
The complaint shall be submitted in writing or by email, to the addresses indicated in § 1 Sections 4 and 5 of the TOS, no later than within 30 days from the date of disclosure of the non-compliance.
The complaint should include:
1. Merchant name;
2. email address;
3. a description of the disclosed non-compliance of the Service with the TOS.
The Service Provider may refuse to bring the Service into compliance with the TOS if this is impossible or would require the Service Provider to incur excessive costs.
After considering the complaint, the Service Provider provides the Merchant with a response to the complaint, in which:
1. acknowledges the complaint and indicates the planned date of bringing the Service into compliance with the TOS;
2. refuses to bring the Service into compliance with the TOS for the reason indicated in Section 4 above;
3. rejects the complaint due to its unfoundedness.
The Service Provider responds to the complaint by email within 21 days from the date of its receipt. In particularly complicated cases, the deadline for responding to a complaint may be extended to 30 days.

#§ 9. Merchant Content

It is prohibited to post Content:
1. containing false data, contrary to the law, the TOS or good morals;
2. contains content that constitutes activities prohibited by law, incites violence, hatred, or insults any group of persons or person;
3. containing content that may infringe the personal rights, copyrights, rights of image or other rights of third parties;
4. containing advertising, promotional content;
5. containing political, religious or discriminatory content.
Each person using the App (hereinafter: “Applicant”) is entitled to report Content that may violate the TOS (hereinafter: “Application”).
Applications can be made in the following ways:
1. email – address: support@atlaspickuppoints.com;
2. in writing, preferably by registered letter – to the address stated in § 1 Section 4.
Application should include the following information:
1. a sufficiently substantiated explanation of the reasons why the Content constitutes illegal content,
2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information to identify the Content, as appropriate to its type and functionality of the App;
3. the name or name and email address of the Applicant, except for a report concerning information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,
4. a statement confirming the Applicant’s good faith belief that the information and allegations contained therein are correct and complete.
Upon receipt of the Application, the Service Provider sends the Applicant a confirmation of receipt to the email address indicated by the Applicant.
In the event that the Application does not contain the elements indicated in Section 4 above or contains errors, the Service Provider may ask the Applicant to supplement or correct the Application within 14 days from the date of receipt of the above-mentioned request. If the Applicant fails to complete or correct the report within the deadline indicated in the preceding sentence, the Service Provider may leave the report unexamined.
The Service Provider verifies the submitted Content within 14 days from the date of receipt of a complete and correct Application. As part of the verification activities, if necessary, the Service Provider will ask the Applicant to send the necessary additional information or documents. Until the request is recognised, the Service Provider may block the visibility of the Content.
After verifying the Application, the Service Provider:
1. removes, blocks or restricts Content that violates the TOS;
2. restores the Content that does not violate the rules resulting from the TOS (if its visibility was blocked at the stage of verification of the Application),
- giving the reasons for the decision.
In the event of removal of Content, the Service Provider shall immediately notify both the Applicant and the Merchant who published the deleted Content, providing the justification for their decision.
The justification of the Service Provider’s decision includes:
1. indicating whether the decision involves the removal of the Content, blocking its visibility, depositioning or imposing other measures referred to in the TOS in relation to this and, where applicable, the territorial scope of the decision and its period of validity;
2. the facts and circumstances on the basis of which the decision was made, including, where applicable, whether the decision was made on the basis of a report made by the Applicant or on the basis of voluntary verification activities carried out on the initiative of the Service Provider and, where strictly necessary, the identity of the Applicant;
3. where applicable, information on the use of automated means in decision-making, including whether a decision has been made with respect to Content detected or identified through automated tools;
4. if the decision relates to potentially unauthorised Content, an indication of the legal basis or contractual basis on which the decision is based and an explanation of the reasons why it is considered to be prohibited on that basis;
5. clear and Merchant-friendly information on their options to appeal against the decision.
A Merchant whose Content has been removed or an Applicant to whom the Service Provider refuses to remove the reported Content, may file an appeal against the Service Provider’s decision.
An appeal can be filed as follows:
1. email – address: support@atlaspickuppoints.com;
2. in writing, preferably by registered letter – to the address stated in § 1 Section 4.
The appeal should include:
1. name and surname or name of the appellant,
2. contact details (email address, correspondence address),
3. a detailed justification why, in the opinion of the appellant, why the Service Provider’s decision is erroneous and should be changed.
The Service Provider shall immediately confirm receipt of the appeal by sending a notification to the email address indicated by the appellant.
Appeals are considered within 14 days from the date of their receipt by the Service Provider’s authorised team (these activities will not be performed in an automated manner, without human involvement).
The Service Provider notifies the appellant of the decision made as a result of considering the appeal by email, and if at the same time it considers the reported Content to be unlawful – it takes action against it provided for in the TOS.
Submitting Content constitutes a declaration by the Merchant that he or she is the sole author of the Content. Merchants are fully responsible for the Content and the consequences of its publication (including infringements of personal rights and intellectual property rights of third parties).
Sending the Content is tantamount to granting the Service Provider a free, non-exclusive license to use it for the purpose of performing the Agreement (hereinafter: the “Merchant License”). In addition, if the Content contains the image of the Merchant – the Merchant agrees to the use of the image within the scope specified above.
The Merchant License is granted free of charge for the duration of the Agreement and without territorial restrictions and covers the use of the Content.
The Merchant License entitles the Service Provider to modify the Content, if it is necessary to disseminate it in a certain way, without changing its essence and Content.
The Merchant License authorises the Service Provider to grant further licenses to any third party of their choice only to the extent necessary to fulfil the Agreement.

#§ 10. Liability

The Service Provider undertakes to provide the Services with due diligence.
The Parties exclude the rights resulting from the warranty.
The Service Provider does not guarantee a specific level of performance, effectiveness or usability of the App in relation to the specific needs and Apps of the Merchants.
To the maximum extent permitted by the provisions of the Civil Code and Shopify Regulations, the Service Provider shall not be liable for the consequences of using the App, including in particular the consequences of:
1. the use by the Merchants of any services and functionalities available within the App contrary to their purpose or in violation of the law, the principles of social coexistence or good morals;
2. providing incorrect or false data by Merchants;
3. the effects of interactions between Merchants and Buyers, the fulfilment of contracts with Buyers, product delivery, and the operational performance of carriers and suppliers, including pickup point operators;
The Service Provider’s liability for the Merchant’s lost benefits is excluded.
The Service Provider’s liability for damages incurred by the Merchant as a result of the Service Provider’s failure to perform or improperly perform the obligation is limited to damages in the form of actual losses incurred by the Merchant and to an amount not exceeding the total amount resulting from the last 3 Subscription Fees paid by the Merchant – in the case of monthly billing. In the case of yearly billing – liability is limited to 30% of the Subscription Fee paid for the annual billing period. This exclusion does not apply to wilful misconduct or gross negligence.
To the maximum extent permitted by the provisions of the Civil Code and Shopify Regulations, the Service Provider shall not be liable for any disruptions in the functioning of the App, in particular resulting from:
1. force majeure;
2. necessary conservation and modernisation works carried out in the App;
3. reasons attributable to Merchant;
4. reasons beyond the control of the Service Provider, in particular the actions of third parties, in particular external providers, for which the Service Provider is not responsible.
The Service Provider undertakes to carry out the works referred to in Section 7 point 2 above in the least burdensome way possible for the Merchants and, if possible, to inform them in advance about the planned works.
The Service Provider undertakes, as far as possible, to remove any disruptions in the functioning of the App on an ongoing basis.

#§ 11. Service Provider’s Intellectual Property

Service Provider grants the Merchant a personal, non-exclusive, non-transferable, worldwide, revocable License to use App. License grants right to personal or professional use on any number of devices.
The License is effective during the term of the Service Agreement. The License terminates automatically upon termination of the Service Agreement. The License is granted upon execution of the Service Agreement
The License authorises the Merchant to use the App for purposes that include use as part of their business operations related to Shopify, specifically with regard to displaying the App, integrating it with the store and website, and using it within the Shopify ecosystem.
The Service Provider declares that it has proprietary and personal copyrights to the code that it integrates in the Merchant Shopify Account and the App, including the appearance, text, graphic design, and therefore may own the code and grant non-exclusive and non-transferable Licenses to use code.
The Merchant cannot:
1. share, sublicense, distribute, or sell the App or its contents to others;
2. reverse-engineer, decompile, disassemble or otherwise attempt to extract the source logic of the App
3. perform translation, adaptation, layout change or any other changes to the code;
4. remove errors or other defects or faults in the code;
5. use any automated means, including crawlers, scrapers, bots, scripts or automated queries, to access, monitor, copy, download or extract data from the App or from the Pickup Point Database, other than through the interfaces and within the limits made available by the Service Provider;
6. extract or re-utilise the whole or a substantial part of the contents of the Pickup Point Database, evaluated qualitatively or quantitatively, or repeatedly and systematically extract or re-utilise insubstantial parts of it in a manner that conflicts with the Service Provider’s normal exploitation of that database or unreasonably prejudices the Service Provider’s legitimate interests;
7. use the App, its contents or the Pickup Point Database for text and data mining, or to develop, train, fine-tune, validate or evaluate any artificial intelligence system or machine learning model;
8. make the App, its contents or the Pickup Point Database available to any third party, or use them to build, populate or maintain a competing or equivalent database or service;

except where explicitly permitted by law.

The Merchant may use the App only to the extent that his rights are specified in the TOS. No other rights to use or rights to benefits other than those specified in the TOS may be presumed.
The Service Provider reserves, and the Merchant agrees to, the unavailability of the App for the time necessary to:
1. introduce changes to the App;
2. maintenance and tests performed by the Service Provider,
3. occurrence of force majeure.
The Merchant declares that he will not infringe any copyright to the App.
All components of the App, in particular:
1. the name of the App;
2. the logo of the App;
3. photos and descriptions;
4. principles of operation of the App, all its graphic elements, interface, software, source code and databases

are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition, the Act of 27 July 2001 on the Protection of Databases and other provisions of generally applicable law, including provisions of European Union law.

Any use of the Service Provider’s intellectual property outside the scope of the granted License without its prior, express permission is prohibited and is considered a violation of the TOS.
To the extent that the Pickup Point Database constitutes a database protected under the Act of 27 July 2001 on the Protection of Databases and under Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, the Service Provider is its maker and retains all rights therein, including the right to prohibit the extraction and re-utilisation of its contents. Nothing in the TOS grants the Merchant any right to the Pickup Point Database other than the right to use it through the App for the purposes set out in Section 3 above.
The Service Provider expressly reserves the right to reproduce and extract the App, its contents and the Pickup Point Database for the purposes of text and data mining, within the meaning of Article 4(3) of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and of the national provisions implementing it. This reservation covers all content made available through the App and through the Service Provider’s websites. It is without prejudice to the uses permitted under Article 3 of that Directive.

#§ 12. Processing of Personal Data

Information on the processing of personal data by the Service Provider can be found in the Privacy Policy available at: https://atlaspickuppoints.com/legal/privacy.
Upon the execution of the Service Agreement, an Entrustment Agreement, constituting Appendix No. 1, is also executed.

#§ 13. Amendment of the TOS

The Service Provider may make changes to the TOS inter alia in the event of:
1. change in the scope of the Service Provider’s business;
2. commencement of the provision of new services by the Service Provider, modification of services provided so far or discontinuation of their provision;
3. make technical modifications to the App requiring adaptation of the provisions of the TOS;
4. legal obligation to make changes, including the obligation to adapt the TOS to the current legal status.
Merchants will be informed about the change in the TOS by publishing their amended version on the App website. Regardless of this, the amended version of the TOS will be sent to Merchants by email.
The Merchant who does not agree to the amendment of the TOS may terminate the Agreement with immediate effect within 10 days from the date of receipt of the information about the change in the TOS. Failure to give notice shall be deemed to be consent to the amendment of the TOS.
Termination of the Agreement shall take place by submitting a statement of termination of this Agreement to the Service Provider. The statement referred to in the preceding sentence may be sent by email to the address indicated in § 1 Section 5 of the TOS.

#§ 14. Final Provisions

The current version of the TOS is effective from 4 November 2026.
The TOS are governed by Polish law. Any disputes under these TOS shall be resolved by amicable negotiations, and if no agreement is reached – before the competent common court for the registered office of the Service Provider.
An integral part of the TOS is Appendix No. 1.

#Appendix No. 1 to the TOS: Entrustment Agreement

#Personal Data Processing Agreement

(hereinafter: “Entrustment Agreement”)

concluded by and between:

the Service Provider (hereinafter also: the “Processing Entity”),

and

the Merchant (hereinafter also: the “Controller”),

hereinafter collectively referred to as the “Parties” and each of them individually as a “Party”.

#Recitals

Whereas:

the Service Provider and the Merchant have entered into the Service Agreement on the TOS basis (hereinafter: the “Master Agreement”);
the provision of the Services requires the Service Provider to process the personal data of the Buyers of Merchant within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC (General Data Protection Regulation) (hereinafter: the “GDPR”), which gives rise to the obligation to comply with the requirements indicated in Article 28 of the GDPR, including the conclusion of the Agreement set out in this provision;

The Parties by concluding Master Agreement have agreed as follows:

#§ 1. Entrustment of the Processing of Personal Data

A Master Agreement has been established between the Processing Entity and the Controller, based on the TOS.
The Controller entrusts the Processing Entity with the processing of personal data pursuant to Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter: “General Data Protection Regulation” or “GDPR”).
The Controller represents that it is the controller of the data entrusted to the Processing Entity under the Entrustment Agreement or a processing entity authorised to further entrust the data to the Processing Entity.
The Controller hereby entrusts the Processing Entity with the processing of personal data within the scope specified in § 2 hereof.
Capitalised terms used herein shall have the meaning given to them in the TOS or GDPR, unless a specific provision hereof provides otherwise.

#§ 2. Subject Matter, Nature, Purpose, and Duration of Data Processing

Personal data entrusted by the Controller shall be processed by the Processing Entity only upon the Controller’s documented instruction and solely for the purpose of providing the Services. In particular, the Parties deem the conclusion of the Service Agreement and the performance of the Service Agreement in accordance with the TOS to be “documented instruction”.
The categories of personal data which are the subject of the entrustment (hereinafter: “entrusted personal data”) and the categories of entrusted data subjects are indicated in Annex No. 1 hereto.
The personal data entrusted by the Controller hereunder shall not constitute special categories of data referred to in Article 9 of the GDPR or data relating to criminal convictions and offences referred to in Article 10 of the GDPR.
The processing of the entrusted personal data will be carried out using IT systems (in an automated manner).
The Controller instructs the Processing Entity to produce, from the entrusted personal data, aggregated and anonymised statistics concerning the operation and use of the App. Such statistics must not permit the identification of the Controller, of any Buyer or other data subject, or of any individual store, and must be produced in such a way that the personal data from which they are derived cannot be restored. Statistics produced in this way do not constitute personal data, and the Processing Entity may use them to maintain, secure and develop the App.

#§ 3. Obligations, Rights, and Representations of the Processing Entity

The Processing Entity undertakes to secure the entrusted personal data by implementing (even prior to the processing) and maintaining technical and organisational measures appropriate to the nature, scope, context and purpose of the processing of the entrusted data, including those required by the relevant provisions of generally applicable law, so that the processing of the entrusted personal data meets the requirements of the General Data Protection Regulation. In particular, the Processing Entity applies the technical and organisational safeguards described in the Privacy Policy available at https://atlaspickuppoints.com/legal/privacy, including hosting in data centres located in the European Union, encryption of data in transit and individually granted, authenticated access to personal data.
The Processing Entity undertakes to ensure that the persons authorised to process the personal data entrusted hereunder are bound by confidentiality obligations or are subject to an appropriate statutory secrecy obligation.
The Processing Entity undertakes, to the extent justified by the subject matter of the Entrustment Agreement, to assist the Controller, to the extent possible, in complying with the Controller’s obligation to respond to requests from data subjects in exercising their rights under generally applicable law, including Chapter III of the General Data Protection Regulation.
The Processing Entity undertakes to immediately notify the Controller of:
1. any breach of the protection of the entrusted personal data, where “breach of the protection of the entrusted data” shall mean any accidental or unlawful destruction, loss, modification, unauthorised disclosure of or unauthorised access to the entrusted personal data. The notification referred to in this point 1 shall be made no later than within 24 hours from the discovery of the breach of protection of the entrusted data;
2. any request received from the data subject, while refraining from responding to the request until the Controller’s opinion has been received. The notification referred to in this point 2 shall be made no later than 24 hours after receipt of the request;
3. any legally authorised request to disclose personal data to a competent state authority, unless the prohibition to notify ensues from the provisions of the law, in particular from the provisions of criminal proceedings, when the prohibition is aimed at ensuring the confidentiality of an initiated investigation;
4. any compliance checks on the processing of personal data carried out by the President of the Personal Data Protection Office or any other supervisory authority, and the results thereof, as well as any other action taken by public authorities concerning such data.
The Processing Entity undertakes, to the extent justified by the subject matter hereof and the information available to it, to assist the Controller in complying with the Controller’s obligations under generally applicable law, including Articles 32 to 36 of the General Data Protection Regulation and concerning the security of the processing of personal data, notification of a personal data breach to the supervisory authority and to the data subject, a data protection impact assessment and related consultations with the supervisory authority.
The Processing Entity undertakes to:
1. provide the Controller, within 14 days from the date of receipt of the request, with all information and documents necessary to demonstrate the Controller’s compliance with its obligations under generally applicable law;
2. enable the Controller or its authorised auditor to carry out audits, including inspections, and contribute to such audits, on terms to be determined by the Parties from time to time and subject to the provisions of this Section.
The audit referred to in Section 6 point 2 above may be carried out:
1. not earlier than 14 days from the date of receipt by the Processing Entity of a notice regarding the intention to conduct it, on a date to be determined by the Parties, and
2. after the conclusion of a confidentiality agreement between the Processing Entity and the Controller or an auditor authorised by the Controller.
Upon completion of the audit, the Parties shall draw up a report in 2 copies to be signed by authorised representatives of both Parties. The Processing Entity may raise objections to the report within 5 business days from the date of signing thereof by the representatives of the Parties.
In the event that any shortcomings affecting the security of processing of the entrusted personal data are identified in the course of the audit, the Processing Entity undertakes to comply with the recommendations formulated by the Controller or the auditor authorised by the Controller.
The audit referred to in Section 6 point 2 above is subject to the following conditions:
1. it may be carried out no more than once in any period of 12 consecutive months, which limitation does not apply where a breach of the protection of the entrusted personal data has occurred or where the audit is required by a supervisory authority or by generally applicable law;
2. it is carried out during the Processing Entity’s business hours;
3. the Controller bears the costs of the auditor it authorises, and each Party bears its own remaining costs of the audit;
4. it may not extend to personal data, systems or documentation relating to other clients of the Processing Entity, and the Processing Entity shall refuse access to the extent necessary to protect them.

#§ 4. Controller’s Obligations

The Controller is obliged to ensure that throughout the duration of the Entrustment Agreement the Controller has a legal basis for the processing of the entrusted personal data and that the Controller has appropriate entitlements to entrust the personal data to the Processing Entity. Should the Controller lose the aforementioned legal basis or entitlements with regard to certain entrusted personal data, the Controller shall immediately take steps necessary to cease entrusting them, in particular notify the Processing Entity thereof.
The Controller undertakes not to give instructions to the Processing Entity regarding the processing of the entrusted personal data which would be in conflict with generally applicable law, the provisions of the Entrustment Agreement or other contractual obligations.

#§ 5. Further Entrustment of Personal Data

The Controller grants its general consent for the Processing Entity to further entrust the processing of personal data (hereinafter: “subprocessing”) to other processors of its choice (hereinafter: “subprocessors”). In particular, upon the conclusion of the Entrustment Agreement, the Controller consents to the subprocessing of personal data by the subprocessors listed in Annex No. 2.
The Processing Entity undertakes to ensure that:
1. the subprocessor applies appropriate technical and organisational measures to ensure that the processing of the personal data further entrusted to the subprocessor complies with the GDPR;
2. the scope of the subprocessor’s data protection obligations corresponds to the Processing Entity’s obligations hereunder.
If the Processing Entity intends to further entrust the processing of personal data to a particular subprocessor, the Processing Entity shall notify the Controller thereof by email no later than 7 days prior to the subprocessing. The Controller may object to the subprocessing referred to in the preceding sentence by raising an objection by email to privacy@atlaspickuppoints.com within 7 days of receipt of the subprocessing notification.
Upon the ineffective expiry of the objection period referred to in Section 3 above, the Processing Entity may further entrust the processing of personal data to the selected subprocessor.
If the objection referred to in Section 3 above is raised, the Processing Entity may rescind the Master Agreement with immediate effect.
The subprocessing referred to in Section 3 above shall not constitute an amendment to the Entrustment Agreement.

#§ 6. Term of the Entrustment Agreement

The Entrustment Agreement is concluded for the duration of the Master Agreement and terminates upon termination, cancellation, or expiration of the Master Agreement.

#§ 7. Effects of Termination of the Entrustment Agreement

In the event of termination of the Entrustment Agreement, the Processing Entity, without delay, no later than within 30 days from the date of termination of the Entrustment Agreement, undertakes to return to the Controller and remove from its own carriers all personal data the processing of which it has been entrusted with, including effectively removing it also from the electronic carriers at its disposal. The provisions of the preceding sentence shall not apply to the personal data the storage of which by the Processing Entity is required for a period longer than the duration of the Entrustment Agreement in accordance with generally applicable laws.

#§ 8. Transfer to Third Countries

The Processing Entity may transfer personal data outside the European Economic Area only to the extent necessary for the performance of the Master and Entrustment Agreement and provided that an adequate level of protection of personal data is ensured, in accordance with chapter V of the GDPR
Transfers outside the EEA may only take place on the basis of:
1. an adequacy decision issued by the European Commission;
2. standard contractual clauses adopted by the European Commission
3. other appropriate safeguards provided for in the provisions of the GDPR.
In connection with the Processing Entity’s use of the services of the subprocessors listed in Annex No. 2 whose place of processing is outside the European Economic Area, personal data (including personal data of Buyers) may be transferred to the United States. The basis for the transfer of data to the above-mentioned third countries, indicated for each subprocessor in Annex No. 2, are:
1. in the case of DPF-certified entities – a decision of the European Commission stating an adequate level of protection of personal data in the relevant third country (the EU-U.S. Data Privacy Framework);
2. in the case of non-DPF-certified entities – standard contractual clauses in line with Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries under Regulation (EU) 2016/679 of the European Parliament and of the Council, together with a relevant transfer impact assessment (TIA).
In the event of data transfer to a third country where there is a risk of violation of the rights or freedoms of data subjects, the Processing Entity undertakes to implement additional technical and organisational measures, in particular data encryption or pseudonymisation measures.
The Processing Entity undertakes not to transfer data outside the EEA on the basis of the exceptions specified in Article 49 of the GDPR without a prior, explicit instruction from the Controller.

#§ 9. Final Provisions

Annex No. 1 and Annex No. 2 constitute an integral part of the Entrustment Agreement.
The provisions of TOS shall apply respectively to the amendments to the Entrustment Agreement.
To all matters not regulated herein, the provisions of the TOS, provisions of the GDPR and relevant provisions of the Polish law shall apply.

#Annex No. 1 to the Entrustment Agreement: Categories of Personal Data Entrusted and Categories of Personal Data Subjects

NO.	CATEGORIES OF DATA SUBJECTS	CATEGORIES OF PERSONAL DATA
1.	Buyers of the Merchant’s online store	name and surname; email address; telephone number; delivery address; the pickup point selected by the Buyer and its address; geographic coordinates and the address entered when searching for a pickup point; order identifier and information about the ordered products; IP address; information about the device and web browser used
2.	Persons acting on behalf of the Merchant	name and surname; email address; telephone number; business name and store name; identifier of the person in the Shopify Account and their role; IP address; information about the device and web browser used
3.	Persons whose personal data are contained in the content of a report, complaint or support request submitted to the Processing Entity	name and surname; contact details; other personal data contained in the content of the report

#Annex No. 2 to the Entrustment Agreement: Entities to Which the Processing of Personal Data Has Been Transferred (Subprocessors)

The list of subprocessors constituting this Annex is published at https://atlaspickuppoints.com/legal/subprocessors and forms an integral part of the Entrustment Agreement. It states, for each subprocessor, the service provided, the categories of data that may be processed, the place of processing and the basis for any transfer outside the European Economic Area.

The version of the list in force at any given time is the version published at the above address. Changes to the list are made on the terms set out in § 5 of the Entrustment Agreement and, in accordance with § 5 Section 6, do not constitute an amendment to the Entrustment Agreement.