Terms of Service and Privacy Policy

This page contains the version of the Terms of Service and Privacy Policy effective from September 16, 2024. 

    If you have any questions regarding the Terms of Service or Privacy Policy, please send an email to support@nexusmedia-ua.com.


    § 1. Definitions

    For the purposes of these Terms of Service, the following definitions shall apply:

    • Application – an application extending the functions of Shopify, provided as a digital service.
    • NexusMedia – Denys Shchotkin, conducting business under the name "NexusMedia Denys Shchotkin," with a permanent place of business in Poland, at ul. Dziatwy 18B/32, 03-109 Warsaw, registered in the Central Registration and Information on Business (CEIDG), Tax Identification Number (NIP): 5242901092.
    • Terms of Service – these Terms of Service available at https://nexusmedia-ua.com/pages/terms-of-service-and-privacy-policy.
    • Shopify – software provided in a SaaS model by Shopify Inc., Shopify Commerce Singapore Pte. Ltd, or Shopify International Limited, which allows users to create their own online store and conduct online sales without the need for their own technical infrastructure.
    • Shopify AppStore – the online service available at https://apps.shopify.com/, managed by Shopify.
    • User – a natural person, legal entity, or unincorporated legal entity using the Application for the purpose of conducting business or professional activities in the field of online sales.

    § 2. Preliminary Provisions

    1. NexusMedia provides Applications through the Shopify AppStore. A list of applications provided by NexusMedia is available at https://apps.shopify.com/partners/nexusmedia, https://apps.shopify.com/partners/tk-digital, https://apps.shopify.com/partners/nexusmedia2, https://apps.shopify.com/partners/2combinators.
    2. The Applications are intended for use solely within the scope of business or professional activities related to online sales. NexusMedia excludes the consumer use of the Applications.
    3. These Terms of Service outline the rules related to the provision of the Applications, particularly the rights and obligations of NexusMedia and the User, as well as the scope of NexusMedia's liability.
    4. By installing the Application, the User accepts these Terms of Service, which leads to the conclusion of a digital service agreement between the User and NexusMedia. The User may terminate the agreement at any time by uninstalling the Application. NexusMedia may also terminate the agreement for valid reasons, such as the need to withdraw the Application from the Shopify AppStore due to technological changes, or the cessation or suspension of business operations.
    5. Contact with NexusMedia is possible via email at support@nexusmedia-ua.com.

    § 3. Use of the Application

    1. An individual Shopify account is required to install the Application. The Application can only be used within the Shopify platform and does not require any additional technical requirements beyond those necessary to use Shopify itself. However, certain features of the Application may require proper integration with other services; for example, exporting data to Google Drive requires a Google account.
    2. Applications provided by NexusMedia offer various features. The features available to the User may depend on the plan selected by the User, under which NexusMedia provides the Application.
    3. Each Application is described in the Shopify AppStore.
    4. Changes to Shopify that are beyond the control of NexusMedia may impact the functionality of the Application.

    § 4. Liability

    1. NexusMedia is solely responsible for the Application. Shopify is not liable for any errors in the Application or for any damages that may result from the installation or use of the Application.
    2. NexusMedia provides the Applications on an "as is" basis. NexusMedia does not guarantee that the Applications will fully meet all of the User's needs, nor does it ensure that the Applications will enable the User to achieve all subjectively expected goals.
    3. The warranty for defects in the Application is excluded.
    4. NexusMedia strives to ensure that the Applications operate without errors and without interruption, but does not provide any guarantees in this regard. NexusMedia is also entitled to technical interruptions related to maintenance or technical work, about which NexusMedia will inform the User whenever possible.
    5. NexusMedia is not liable for any lost profits of the User related to the use of the Application, errors in the Application, or the unavailability of the Application.
    6. NexusMedia is not responsible for external technology, device, or service providers, etc.
    7. NexusMedia's liability for non-performance or improper performance of the agreement is limited solely to damages caused intentionally.
    8. The User is obligated to use the Application in accordance with the law and good practices. The User is solely responsible for all content, information, or data that they collect, distribute, or process using the Application.

    § 5. Payments

    1. NexusMedia provides the Application either free of charge or for a fee, as indicated in the Application description in the Shopify AppStore. Applications may be offered by NexusMedia under various plans. The same Application may be available under both a paid plan and a free plan. The plan is selected by the User.
    2. If stated in the Application description in the Shopify AppStore, NexusMedia also offers a free trial period for Applications that are otherwise provided for a fee.
    3. The User may use the free trial period only once.
    4. The duration of the free trial period is specified in the Application description in the Shopify AppStore.
    5. To activate the free trial period, payment information must be provided, which will later be used for payments during the paid periods of Application delivery.
    6. After the free trial period ends, the paid delivery period of the Application automatically begins unless the User uninstalls the Application beforehand.
    7. The paid delivery of the Application occurs in 30-day periods. The price for providing the Application for 30 days is payable in advance on the first day of each paid period of Application use and is non-refundable.
    8. The price is due for the provision of the Application itself (ensuring the User's ability to use the Application), regardless of whether the User actually uses the Application.
    9. Payments are made through automatic subscription payments, meaning that the payment is processed automatically every 30 days without the User's involvement, based on the previously provided payment information. Canceling the automatic subscription payment requires uninstalling the Application.
    10. In the event of a failed automatic subscription payment, the User loses access to the Application.
    11. NexusMedia does not have access to the payment information provided by the User. Payments are handled by Shopify. Payment-related complaints should be directed to Shopify directly.
    12. The prices for the provision of the Application are listed in the Application description in the Shopify AppStore. The price for the provision of the Application may depend on the plan selected by the User under which NexusMedia provides the Application. NexusMedia may change these prices. A price change for the provision of the Application does not affect the User who has an active automatic subscription payment associated with that Application at the time of the price change – the pre-change price will apply to the User until the Application is uninstalled, the plan under which NexusMedia provides the Application to the User is changed, or the automatic subscription payment fails.

    § 6. Technical Support

    1. Technical support for the Application is provided exclusively by NexusMedia. Shopify does not offer technical support for the Application.
    2. Support requests are accepted via email at support@nexusmedia-ua.com.
    3. NexusMedia commits to responding to each support request within 2 business days; however, a response to a support request does not necessarily mean that the issue will be resolved if the solution requires more time.
    4. Technical support is not intended for customizing the Application to meet the individual needs of the User.
    5. NexusMedia does not guarantee the resolution of every problem, especially if the issue arises from circumstances beyond the control of NexusMedia.

    § 7. Complaints

    1. Complaints regarding the Application may be submitted via email to support@nexusmedia-ua.com.
    2. A complaint should include information that allows for the identification of the User, the subject of the complaint, the justification for the complaint, and the demands related to the complaint.
    3. NexusMedia will review complaints within 14 days and respond via email.

    § 8. Personal Data

    1. NexusMedia is the controller of the User's personal data.
    2. The Applications may access various resources within the User's store operated through Shopify.
    3. Detailed information regarding NexusMedia's processing of the User's personal data, including the Applications' access to the resources mentioned in section 2, is provided in the Privacy Policy, which is an attachment to these Terms of Service.
    4. If the User uses the Application to process personal data for which they are the data controller, they entrust NexusMedia with the processing of this personal data. The data processing agreement is available here.

    § 9. Final Provisions

    1. The governing law for the agreement between the User and NexusMedia is Polish law.
    2. Disputes related to the use of the Application shall be resolved by a Polish common court with jurisdiction over the permanent place of business of NexusMedia.
    3. NexusMedia may amend the Terms of Service for valid reasons, such as:
      1. Changes in conditions regarding the operation of the Application,
      2. The need to adapt the Terms of Service to legal changes,
      3. The need to adapt the Terms of Service to decisions, judgments, or other rulings of a competent court or governmental authority,
      4. The need to fulfill a legal obligation imposed on NexusMedia,
      5. Editorial changes.
    4. Continued use of the Application after changes to the Terms of Service constitutes acceptance of the revised Terms. If a change to the Terms of Service significantly affects the rights or obligations of the User, the User will receive electronic notification of the change and may terminate the agreement within 30 days of being informed of the change.

    Annex 1 – Privacy Policy

    § 1. What Information Do We Have About You?

    When you install our application available in the Shopify AppStore, Shopify provides us with your personal data, such as your name, company name, mailing address, email address, phone number, tax identification number, IP address, store creation date, time zone, and the plan you have chosen in Shopify. Additionally, the application may collect certain information related to your use of the application, such as device information, details of your activity within the application, system logs, etc.

    Furthermore, installing the application may involve granting us access to more extensive information about your store, such as product details, customer database, order database, etc. This access is granted based on your consent provided during the installation of the application after we present you with information about the scope of data the application will access. The scope of this data depends on the features of the application.

    Moreover, for certain Applications, we request access to specific types of data for defined purposes:

    • Email and Profile Information, OpenID: We access your primary Google Account email address and profile information (including any personal info you've made publicly available). This data is used solely for the purpose of identifying you as a client and to display which Google account is currently connected to our app within the admin panel user interface. It helps us ensure a seamless and personalized experience for you.
    • Google Drive API Access: We request permission to access and manipulate specific Google Drive files through the ".../auth/drive.file" scope. This permission is crucial for our app to function as intended – it allows us to create and manage a Google Sheets document in your Google Drive. This document is used to store and organize details of your shop orders as per the app's settings. Be assured, our access is limited to only those files that are used within our app, and we do not have the capability to view, edit, or delete any other files in your Google Drive.

    If we obtain access to personal data for which you are the data controller, such as customer data in your order database, we act solely as a data processor in this regard, as explained in the answer to the last question in this policy.

    1.1. EasyAuth app and personal data. The EasyAuth app allows the store owner to enable login via external online accounts, particularly Google and Facebook. When the store owner uses this plugin, we process (solely as the application provider and data processor) the following information about the store users who log in via their external online accounts: first name, last name and email. This information is processed to enable the online store user to utilize the integration with their chosen social media account. We process this data on the instruction of the store owner who installs the EasyAuth plugin. The deletion of personal data collected in this way can be requested by contacting the store owner (e.g., via a contact form) where the user chose to log in via an external online account.

    § 2. Who is the Data Controller?

    The controller of your personal data is Denys Shchotkin, conducting business under the name "NexusMedia Denys Shchotkin," with a permanent place of business in Poland, located at ul. Dziatwy 18B/32, 03-109 Warsaw, registered in the Central Registration and Information on Business (CEIDG), Tax Identification Number (NIP): 5242901092. You can contact us via email at support@nexusmedia-ua.com.

    § 3. What Do We Do With Your Personal Data and For How Long?

    We enable you to use the Application.
    We process your personal data to perform the digital service agreement that you enter into with us by installing the application. The legal basis for processing your personal data in this case is Article 6(1)(b) of the GDPR.

    We analyze how you use the Application.
    Your personal data is processed to analyze how you use the Application. This results in statistics that we use to optimize our Applications, making them as useful as possible for users, which constitutes our legitimate interest under Article 6(1)(f) of the GDPR. Your personal data in this case is processed until the information is no longer useful or until you object to the processing of your data.

    We send you useful information.
    Your personal data is processed to send you emails containing useful information regarding the Application, which is intended to enhance your experience with the Application. This is our legitimate interest under Article 6(1)(f) of the GDPR. Such activities are conducted as long as you have the Application installed or until you object to such actions.

    We correspond with you.
    If you contact us via email, your personal data is processed to manage correspondence, which is our legitimate interest under Article 6(1)(f) of the GDPR. If the correspondence pertains to matters that may be the subject of claims by either party, the correspondence is archived for the purpose of potential claim determination, pursuit, or defense. Archived correspondence is deleted after the statute of limitations for claims has expired.

    We archive important information.
    After the termination or expiration of the digital service agreement, your personal data is stored for the purpose of potential claim determination, pursuit, or defense related to the agreement, which is our legitimate interest under Article 6(1)(f) of the GDPR. The personal data will be deleted after the statute of limitations for claims has expired.

    § 4. Do We Share Your Personal Data?

    Your personal data may be shared with tax authorities or other authorized institutions, services, or bodies if we are legally obligated to do so.

    Your personal data may also be shared with a legal counsel or attorney if the need arises to seek legal assistance that requires access to your personal data.

    Additionally, in the process of personal data processing, certain data processors participate, whose services we use, such as:

    1. All data processed by us is stored exclusively in secure hosting facilities provided by DigitalOcean LLC (https://www.digitalocean.com) and located in The Kingdom of the Netherlands. DigitalOcean's infrastructure is secured through a defense-in-depth layered approach. We also use Cloudways LTD (https://www.cloudways.com/) to manage the servers.

    2. We use Dropbox (https://www.dropbox.com/) provided by Dropbox, Inc to keep back-ups of our data bases with Personal Data.

    3. We use Cloudflare (https://www.cloudflare.com/) provided by Cloudflare, Inc for web optimization and security services that we use to improve and protect our website, including a reverse proxy, pass-through security service, and a content distribution network.

    4. We use Asana (https://asana.com/) provided by Asana, Inc., Front (https://frontapp.com/) provided by frontapp.com, Inc. and Slack (https://slack.com/) provided by Slack Technologies, Inc to organize work inside our company, including with Personal Data.

    5. We use a services provided by Mailgun Technologies, Inc. d/b/a MailGun (https://www.mailgun.com/) to send you our marketing and notifications emails and by Google LLC d/b/a Gmail (https://mail.google.com/) to communicate with you. This service processes your personal data such as email address and name which are provided by us.
    6. We use SmartLook by Cisco Systems, Inc (https://www.smartlook.com/) to collect analytics data about our apps usage to be able to improve apps’ UX and track and fix errors.

    § 5. Do Your Data Go to Third Countries?

    We do not independently transfer personal data to third countries or international organizations. However, we do use the services of data processors that are based in third countries, engage sub-processors located in third countries, or utilize technical infrastructure located in third countries, particularly in the USA. These data processors provide sufficient guarantees by implementing appropriate measures related to data transfers to third countries, such as using standard contractual clauses.

    § 6. What Are Your Rights?

    You have the following potential rights related to the processing of your personal data:

    • Right of access to your data and to receive a copy of it;
    • Right to rectification (correction) of your data;
    • Right to erasure of data (if you believe there is no basis for us to process your data, you can request that we delete it);
    • Right to restrict processing of data (you can request that we limit the processing of your data solely to its storage or performing actions agreed upon with you if, in your opinion, we have incorrect data or are processing it unjustifiably);
    • Right to object to data processing (you have the right to object to the processing of data based on a legitimate interest; you should indicate the specific situation that you believe justifies ceasing the processing in question; we will stop processing your data for these purposes unless we demonstrate that the grounds for processing are overriding your rights or that your data is necessary to establish, pursue, or defend claims);
    • Right to data portability (you have the right to receive in a structured, commonly used, machine-readable format the personal data you provided based on a contract or your consent; you can request that this data be transferred directly to another entity);
    • Right to withdraw consent to the processing of personal data if you previously gave such consent;
    • Right to lodge a complaint with a supervisory authority (if you believe that we are processing your data unlawfully, you can file a complaint with a supervisory authority).

    The rules related to exercising the above rights are described in detail in Articles 16–21 of the GDPR. We encourage you to review these provisions. We would like to clarify that the rights mentioned above are not absolute and may not apply to all processing activities involving your personal data.

    We emphasize that one of the rights mentioned above is always applicable: if you believe that we have violated data protection laws while processing your personal data, you have the right to lodge a complaint with a supervisory authority.

    The exercise of most of the rights outlined above can be carried out directly from the Shopify panel. If you have any doubts, you can contact Shopify directly or us at support@nexusmedia-ua.com.

    § 7. What About Data Related to Your Users or Customers?

    Some of our applications allow you to process the personal data of your users or customers. For these data, we are not the data controller but solely a data processor, processing the data based on your explicit instructions. The data processing agreement is available here.