Terms of Service
These Terms govern your use of AtAstro, a Shopify app operated by Audens Media LLC ("Audens Media", "we", "us"). "You" or "Merchant" means the business that installs AtAstro on its Shopify store. By installing or using AtAstro, you agree to these Terms, including the Data Processing Addendum below. If you are an Audens Media client with a separate signed agreement, that agreement controls wherever it conflicts with these Terms.
1. The service
AtAstro lets you design and show on-site popups, recognize returning visitors, issue discount codes, measure results, and connect an email or SMS platform that you choose. Features vary by plan.
2. Your account
Your AtAstro account is tied to your Shopify store, and you sign in through Shopify. You are responsible for who you give access to your Shopify admin, and for all activity under your account.
3. Plans and billing
AtAstro offers a free plan and paid plans. Paid plans are billed through Shopify, on Shopify's billing terms, at the price shown when you subscribe. You can change or cancel your plan at any time from inside the app. Unless the law requires otherwise, fees already paid are not refundable. We will give at least 30 days' notice before changing the price of a plan you are on.
4. Your responsibilities
- Keep a privacy policy on your store that discloses your use of AtAstro, and keep Shopify's cookie-consent banner set up where the law requires one. AtAstro follows the consent settings you configure.
- Get any consent the law requires before marketing to shoppers. You are responsible for complying with email and SMS law, such as CAN-SPAM, TCPA, CASL, and GDPR, for messages you send through your connected platforms.
- Make sure your offers, discount terms, and popup content are accurate and lawful.
- Do not use AtAstro to collect sensitive data (such as health or financial account details) or data from children. Do not reverse engineer the service, interfere with its operation, or use it to break the law or anyone's rights.
5. Connected platforms
When you connect an email or SMS platform, you authorize us to send it the data needed to carry out your instructions. Your use of that platform is governed by its own terms. We are not responsible for third-party platforms.
6. Intellectual property
We own AtAstro and everything in it, including templates and software. You keep ownership of your content and your data. You grant us a limited license to use them only to provide and improve the service for you. We may use aggregated, de-identified statistics that do not identify you or any person to improve the service.
7. Suspension and termination
You can stop using AtAstro at any time by uninstalling it. We may suspend or end access if you breach these Terms, or if we must do so to protect the service, other users, or to comply with the law. When possible, we will give you notice first. After you uninstall, your store's data is deleted as described in our Privacy Policy.
8. Disclaimers
AtAstro is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any particular revenue, conversion, or performance result.
9. Limitation of liability
To the fullest extent the law allows, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue. Each party's total liability under these Terms is limited to the greater of (a) the fees you paid us in the 12 months before the claim, or (b) US $100. These limits do not apply to your payment obligations, your breach of section 4, or a party's gross negligence or willful misconduct.
10. Indemnity
You will defend and indemnify Audens Media against third-party claims arising from your content, your offers, your marketing messages, or your breach of these Terms or applicable law.
11. Changes to these Terms
We may update these Terms. If a change is material, we will notify you at least 30 days in advance through the app or by email. Continuing to use AtAstro after a change takes effect means you accept it.
12. Governing law
These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. The state and federal courts located in Ohio have exclusive jurisdiction, and each party consents to them.
13. General
These Terms, together with the Privacy Policy and any plan details, are the entire agreement between us about AtAstro. If any part of them is unenforceable, the rest still applies. Not enforcing a right is not a waiver of it. You may not assign these Terms without our consent. We may assign them as part of a merger, acquisition, or sale of assets.
Data Processing Addendum
This Addendum applies when Audens Media processes personal data about your shoppers ("Shopper Data") on your behalf. For Shopper Data, you are the controller (or "business") and Audens Media is your processor (or "service provider").
1. Instructions
We process Shopper Data only to provide AtAstro, as described in the Privacy Policy and your settings, or as you otherwise instruct in writing. We will tell you if we believe an instruction breaks the law. We will not sell or share Shopper Data, retain or use it outside our direct relationship with you, or combine it with data from other merchants.
2. Confidentiality
Anyone authorized to process Shopper Data is bound by an obligation of confidentiality.
3. Security
We maintain appropriate technical and organizational measures. These include encryption in transit and at rest, extra encryption of credentials, access controls, and isolation of each store's data.
4. Subprocessors
You authorize our current subprocessors: Cloudflare, Inc. (hosting and storage) and Shopify (platform and billing). Any email or SMS platform you connect is engaged by you, not by us. We will give notice before adding or replacing a subprocessor, and you may object on reasonable grounds. Each subprocessor is bound by data protection terms at least as protective as these.
5. Assisting you
We will help you respond to shopper rights requests, including through Shopify's data-request and deletion webhooks. Where needed, we will help with data protection impact assessments.
6. Breach notification
We will notify you without undue delay, and in any case within 72 hours, after becoming aware of a personal data breach affecting your Shopper Data. We will share the information you reasonably need to meet your own obligations.
7. Deletion
When you uninstall AtAstro, we delete Shopper Data after receiving Shopify's store-deletion request. Otherwise, data is deleted on the retention schedule in the Privacy Policy, unless the law requires us to keep it.
8. Audits
On reasonable request, no more than once a year, we will provide the information needed to show we comply with this Addendum.
9. International transfers
Where Shopper Data from the EEA, UK, or Switzerland is transferred to a country without an adequacy decision, the parties agree to the applicable Standard Contractual Clauses (Module Two: controller to processor), which are incorporated by reference.
Contact
Audens Media LLC, Ohio, United States.
privacy@atastro.io