1. SERVICE AND OPERATOR
1.1. PointAPlace is a mobile application that enables Users to create, store, and share location-based content, including but not limited to text notes, photos, and audio or video recordings, as well as to access other functionalities described in these Terms (collectively, the “Services”).
1.2. The Services are provided by Piotr Goryl, conducting business under the name “Piotr Goryl – Gorilla Business”, with its registered address at ul. Bronisława Malinowskiego 15, 30-699 Kraków, Poland, VAT ID: 9451969937, REGON: 527321740, registered in the Central Register and Information on Economic Activity of Poland (the “Operator”).
1.3. The Operator provides the Services as an intermediary hosting service provider, i.e., by storing information at the request of the User, without exercising prior editorial control over User Content. The Operator has no general obligation to monitor User Content or to actively seek facts or circumstances indicating unlawful activity; however, the Operator will act expeditiously upon obtaining actual knowledge or a valid Notice, in accordance with these Terms.
1.4. These Terms set out the conditions for using PointAPlace and for entering into and performing the Agreement between the Operator and the User. The Terms apply together with the following documents, which form an integral part of the Agreement: (i) the Privacy Policy, (ii) the “Subscriptions and Payments” Annex, (iii) the “App Store/Google Play Terms” Annex, and (iv) any other policies or guidelines published within the App or its Help Center (collectively, the “Related Documents”).
1.5. Creating an Account, starting to use the Services, or checking the acceptance box for these Terms constitutes entering into a legally binding Agreement with the Operator, covering both the Terms and the Related Documents. Where applicable law requires confirmation on a Durable Medium, the Operator will provide confirmation of the Agreement (for example, by e-mail or by making the Terms available as a downloadable file within the App).
1.6. The Operator may amend these Terms for valid reasons (including changes in law, modifications to functionalities, security requirements, or clarification of wording). Users will be notified of such changes in advance, in a manner appropriate to the nature of the change, via an in-App notice and/or an e-mail to the address linked to their Account. If a User does not accept the amended Terms, the User may terminate the Agreement with immediate effect before the date on which the changes take effect. Continued use of the Services after that date constitutes acceptance of the amended Terms.
1.7. The Operator provides an electronic contact point for Users within the App.
1.8. To the extent that the Operator qualifies as a micro or small enterprise within the meaning of Commission Recommendation 2003/361/EC, the Operator relies on the exemptions provided under Article 19 of Regulation (EU) 2022/2065 (the Digital Services Act or DSA). The obligations under the DSA relating to online platforms, as reflected in these Terms, apply to the Operator only if: (i) the App qualifies as an online platform (enabling the public dissemination of content), and (ii) the Operator does not rely on the SME exemption. Any provisions of these Terms referring to platform obligations or requirements that do not apply to SMEs shall be interpreted as applying only to the extent applicable.
1.9. If the App qualifies as an online platform and the Operator does not rely on the SME exemption, the Operator will publish a transparency report in accordance with Article 15 of the Digital Services Act (DSA), and, to the extent required by law, disclose information on the average monthly active recipients of the Services within the European Union (EU MAU). Without limiting the foregoing, the Operator will also make MAU data available to the competent authority upon request, in accordance with Article 24(3) DSA.
2. DEFINITIONS
For the purposes of these Terms, the capitalized terms set out below shall have the meanings assigned to them herein. The definitions apply regardless of grammatical number (singular or plural) or gender, unless the context requires otherwise.
2.1. App means the PointAPlace software in its mobile versions (iOS/Android) and/or web version, together with its interfaces, APIs, and content made available by the Operator.
2.2. DMCA Notice means a copyright infringement notice prepared in accordance with 17 U.S.C. § 512(c)(3) of the Digital Millennium Copyright Act (DMCA).
2.3. Terms means this document, which sets out the conditions for using the App and the provision of the Services by the Operator.
2.4. Agreement means the legal relationship between the User and the Operator comprising these Terms and all Related Documents. The Agreement is formed upon the User’s acceptance of the Terms or upon the commencement of use of the Services.
2.5. Operator means the entity specified in Section 1.2 of these Terms.
2.6. User means a natural person with legal capacity who uses the Services; depending on the context, the term also includes a person acting on behalf of and for the benefit of a third-party entity.
2.7. Consumer means a User who qualifies as a consumer under applicable law. In the European Union, this generally refers to a natural person acting for purposes outside their trade, business, craft, or profession. In the United States, the term “consumer” shall be interpreted consistently with applicable federal and state consumer protection laws.
2.8. Online Platform means an intermediary service within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act or DSA) that enables Users to make User Content publicly available.
2.9. Entrepreneur with Consumer Rights means a User acting as a business undertaking where the Agreement is of a non-professional nature within the meaning of applicable law. This definition applies only in jurisdictions where such rights are expressly granted by law, and such Users enjoy consumer rights solely to the extent provided under that applicable legal framework.
2.10. Repeat Infringer means a User who has committed multiple infringements of copyright within the meaning of the Digital Millennium Copyright Act (DMCA).
2.11. Renewable Subscription means a paid digital service provided on a recurring basis, which renews automatically unless terminated by the User.
2.12. Account or User Account means the set of resources and settings assigned to a User within the App, created upon registration and used for accessing the Services.
2.13. Services means the digital services and functionalities made available by the Operator within the App, including, without limitation, the creation, storage, processing, and (temporary or permanent) sharing of User Content linked to specific locations, as well as any other modules described in these Terms and the Related Documents.
2.14. Digital Service means a service that enables the User to create, process, or store data in digital form, or to access or share such data, within the meaning of applicable European Union legislation on digital content and digital services.
2.15. User Content means any data or materials provided or generated by the User in connection with the use of the Services, including, without limitation, text, photographs, audio and video recordings, metadata, and location data associated with such materials.
2.16. Personal Data means any information relating to an identified or identifiable natural person that is processed by the Operator in connection with the provision of the Services. The rules governing the processing of Personal Data are set out in the Privacy Policy.
2.17. Location Data means information about the geographical position of the User or the End Device used to access the App, including GPS coordinates and derived location indicators.
2.18. End Device means the User’s electronic device (e.g., phone, tablet, computer) used to access the App; the term also includes the device’s storage within the meaning of applicable electronic communications privacy laws.
2.19. Notice means information submitted to the Operator regarding User Content or activity which the reporting party alleges to be unlawful or in violation of these Terms. A Notice must include the elements required under these Terms, including, without limitation: a precise address or identifier of the content, a description of the alleged violation, the grounds for the claim, and the reporting party’s contact details.
2.20. Moderation means actions taken by the Operator, or by an entity acting on its behalf, including, in particular, reviewing, verifying, labeling, restricting, demonetizing, suspending, or removing User Content, or limiting access to the Services.
2.21. Moderation Entity means an external service provider entrusted by the Operator, under a contractual arrangement, with carrying out certain Moderation activities. In respect of the processing of Personal Data, the Moderation Entity acts as a data processor.
2.22. Moderation Decision means a decision made by the Operator to apply a Moderation measure to User Content or to a User Account (e.g., removal, limitation of reach, suspension), together with the reasoning provided to the User in the manner set forth in these Terms.
2.23. Restriction means any technical or organizational measure that affects the availability or visibility of User Content (e.g., temporary hiding, limiting sharing, or restricting interaction).
2.24. Subscription means a paid model of access to selected Services provided on a periodic, auto-renewing basis, offered by the Operator in accordance with the “Subscriptions and Payments” annex.
2.25. Billing Period means the recurring period for which a Subscription is purchased (e.g., one month), as specified at the time of purchase in the App or in the App Store.
2.26. Trial Period means the period designated by the Operator or the App Store during which the User may access a Subscription free of charge or at a promotional price, subject to the applicable cancellation rules.
2.27. In-App Purchases (IAP) means payments made through mechanisms provided by the App Stores (Apple App Store / Google Play).
2.28. Internal Complaint means an appeal submitted by the User against a decision of the Operator concerning the moderation of content, the User Account, or access to the Services, filed in accordance with Article 20 of the DSA.
2.29. App Stores means the software distribution platforms operated by Apple Inc. (App Store) and Google LLC (Google Play), together with their applicable terms, policies, and guidelines binding on developers and users.
2.30. Related Documents means the documents referred to in Section 1.4, including the Privacy Policy and the annexes to these Terms.
2.31. Trusted Flagger means an entity holding the status of a trusted flagger within the meaning of the DSA.
2.32. Durable Medium means any instrument or tool that enables the User to store information in a way that allows future access for a period adequate to the purposes of the information and that permits the reproduction of the information in an unchanged form (e.g., e-mail, a locally saved PDF file).
2.33. Territory means the geographical areas in which the App is made available; territorial restrictions may result from applicable law, the Operator’s decisions, or the rules of the App Stores.
2.34. Force Majeure means an external event that is unforeseeable and unavoidable, beyond the reasonable control of either the Operator or the User, which affects the performance of the Agreement (e.g., natural disasters, war, disruptions in telecommunications infrastructure, outages of cloud service providers).
2.35. DSA Notice means a notification regarding content that is unlawful or in breach of these Terms, submitted in accordance with Article 16 of the DSA.
3. CONDITIONS OF USE OF THE APP
3.1. Technical Requirements
3.1.1.To use the App, the User must meet the minimum technical requirements set out in Section 10.1.
3.1.2.The Operator may periodically update the App and its technical requirements. The User agrees to install all updates, including security updates, provided by the Operator or the App Stores. Failure to install updates may limit the availability of the Services or cause them to malfunction.
3.1.3.Use of the App may require acceptance of additional terms imposed by software providers (e.g., operating system providers) or telecommunications service providers.
3.2. Registration and User Account
3.2.1.Use of certain core features of the App may require the creation of a User Account. To create a User Account, the User must: (i) provide accurate, current, and complete information as requested in the registration form; (ii) accept these Terms and the Privacy Policy; and (iii) set a unique password that meets applicable security requirements.
3.2.2.The User is responsible for the accuracy and timeliness of the information provided to the Operator during registration and throughout the use of the App.
3.2.3.A User Account is non-transferable and may not be shared with or assigned to any third party, unless expressly permitted under these Terms.
3.2.4.The User must safeguard their login credentials against unauthorized access. The Operator is not liable for any loss or damage arising from the User’s failure to comply with this obligation.
3.3. Minimum Age and Capacity to Use the App
3.3.1.The App may only be used by individuals who are at least 16 years of age (for Users in the European Union) or at least 13 years of age (for Users in the United States), in accordance with applicable child data protection laws.
3.3.2.If the laws of the User’s country require a higher minimum age to independently consent to the processing of personal data, use of the App requires the consent of a legal guardian.
3.3.3.The Operator does not direct the App to children and does not knowingly collect personal data from children below the age thresholds specified above.
3.3.4.Use of the App may be subject to additional third-party terms. In particular, the User agrees not to violate any agreements entered into with telecommunications providers or data transmission service providers.
3.4. Availability of Services and Territorial Restrictions
3.4.1.The App is available in the member states of the European Union, the United States, and other territories as indicated in the App Stores. The Operator may restrict the availability of certain features or Subscriptions in specific countries due to legal, regulatory, or technical limitations.
3.4.2.The Operator reserves the right to temporarily suspend or limit the availability of the App where justified by security concerns, system maintenance, updates, or other objective technical reasons. Where reasonably possible, the Operator will notify Users of such restrictions in advance.
3.4.3.Certain functionalities of the App may depend on enabling location services, push notifications, or granting access to specific system permissions of the End Device. The User may manage these permissions in the device settings; however, restricting or disabling such permissions may affect the functionality of the Services.
3.5. Formation of the Agreement and Acceptance of Terms
3.5.1.The Agreement is concluded by: (i) creating a User Account, or, in the case of functionalities that do not require registration, by beginning to use the App. By doing so, the User accepts these Terms and the Related Documents, as well as the applicable App Store rules. The Operator will confirm the conclusion of the Agreement on a Durable Medium.
3.6. The User has the right to delete their Account at any time through the App (“Delete Account”) or via a dedicated online form. The Operator will erase the data without undue delay and no later than within 30 days, except for data retained for legal compliance purposes.
4. FUNCTIONALITIES
4.1. The “PointAPlace” mobile application (the “App”) enables Users to create, store, and organize User Content in the form of notes, photos, audio-video recordings, and other digital materials, which may be associated with specific geographic locations. The App functions as an intermediary service within the meaning of digital services regulations, providing hosting services (i.e., the storage of data at the User’s request).
4.2. Within the App, the User may in particular:
4.2.1.register for and log into an individual User Account,
4.2.2.add User Content and associate it with selected locations,
4.2.3.browse their own User Content in map view, list view, or timeline view,
4.2.4.edit and delete their own User Content,
4.2.5.share User Content with selected Users or groups,
4.2.6.use the search function and filtering tools,
4.2.7.manage their Subscription and account settings,
4.2.8.delete their Account along with all associated data (“Delete Account”), subject to the retention of data strictly necessary for legal compliance purposes.
4.2.9.where the App enables the public dissemination of content and applies ranking or recommendation mechanisms, the Operator shall provide a description of the main parameters determining the presentation of such content and shall offer at least one option not based on profiling — where applicable,
4.2.10. export their content and basic account data in a commonly used format (e.g., JSON/ZIP).
4.3. User Content is stored on the Operator’s servers, while moderation is carried out by an independent third-party service provider (the “Moderation Entity”) under a data processing agreement. Users may report the Content of other Users that violates these Terms, applicable law, or community standards (a “Notice”).
4.4. The App does not use User Content or personal data for targeted advertising purposes.
4.5. The App is made available free of charge in its basic scope. A Subscription provides access to additional features.
4.6. The terms of billing, pricing, and billing periods for Subscriptions are set forth in a separate Annex to these Terms (“Subscription Terms”).
4.7. Data transmission between the App and the Operator’s servers is appropriately secured, and data stored within the App is protected in accordance with industry-standard security practices.
4.8. The scope of the App’s functionalities may evolve as the product develops. The Operator reserves the right to introduce new features or modify existing ones, with prior notice to Users. The current description of the App’s functionalities is available in the App Stores and on the Operator’s website.
5. USER CONTENT AND MODERATION
5.1. User Content
5.1.1.User Content includes any materials, data, or information submitted, created, or published by a User within the App, including but not limited to text notes, photos, audio and video recordings, location data, metadata, and descriptions.
5.1.2.Users retain all intellectual property rights in their User Content.
5.1.3.To the extent necessary for the proper provision of the Services, the User grants the Operator a non-exclusive, royalty-free, territorially limited license (limited to the territories where the App is made available) to store, reproduce, display, and share User Content in accordance with the intended use of the App. This license terminates upon deletion of the User Content by the User or upon termination of the Agreement, unless otherwise required by law.
5.2. Rules for Publishing Content
5.2.1.Users agree that all Content they upload will comply with applicable law, these Terms, and generally accepted standards of conduct.
5.2.2.In particular, Users are prohibited from uploading Content that: infringes copyrights, trademarks, or other intellectual property rights of third parties; infringes personal rights or privacy rights of others; contains illegal material, including but not limited to hate speech, incitement to violence, terrorism, child sexual abuse material (CSAM), human trafficking, or discriminatory content; constitutes spam, misleading content, or malware; constitutes advertising or unauthorized commercial solicitations; manipulates location data artificially or in a manner inconsistent with the intended use of the App.
5.3. Role of the Operator as Hosting Provider
5.3.1.The Operator acts as a hosting provider within the meaning of applicable law, which means it stores Content at the request of Users without prior editorial control.
5.3.2.The Operator is not liable for User Content, provided that it: (i) has no actual knowledge of its unlawful nature, or (ii) promptly takes action to remove or disable access to such Content upon obtaining actual knowledge or a valid Notice.
5.4. Notice of Infringement
5.4.1.Any User or third party may submit a Notice regarding Content they consider unlawful or in violation of these Terms.
5.4.2.A Notice must include, at minimum: the exact address or identifier of the Content; a description of the alleged infringement and its legal or factual basis; the notifier’s contact details (if necessary to process the Notice); and a statement made in good faith affirming the accuracy of the information provided.
5.4.3.The Operator provides an accessible online Notice form within the App (link to the email client) and a designated contact email address (abuse@pointaplace.com) for submitting Notices.
5.4.4.Upon receiving a complete Notice, the Operator will promptly make a decision regarding the Content and inform both the notifier and the User concerned of the action taken (or not taken), including the reasons. Where the App qualifies as an online platform and the Operator is not exempt as an SME under the DSA, the Operator will also publish the decision in the DSA transparency database.
5.5. Moderation and Measures Taken Against Content
5.5.1.The Operator or the designated Moderation Entity may: remove Content; restrict its visibility; label Content as potentially unlawful or violating these Terms; suspend or limit a User Account; or refer the matter to competent public authorities where unlawful conduct is suspected.
5.5.2.Every Moderation Decision is communicated to the User with a clear explanation, including the legal or contractual basis for the decision and information on available appeal mechanisms.
5.5.3.Where required by law (e.g., in cases involving child safety), the Operator will take immediate action, including notifying competent authorities and cooperating with them.
5.6. Appeals Process
5.6.1.A User whose Content has been restricted or removed may file an appeal within six (6) months of receiving the Moderation Decision.
5.6.2.Appeals may be submitted via the dedicated form within the App or by email to the Operator’s designated address: support@pointaplace.com .
5.6.3.The Operator will review appeals within a reasonable period (generally not exceeding 14 days) and notify the User of the outcome.
5.6.4.Where the App qualifies as an online platform under the DSA and the Operator is not exempt as an SME, Users also have access to the internal complaint-handling system under Article 20 DSA and certified out-of-court dispute settlement (ADR) under Article 21 DSA. In all other cases, the Operator provides the appeals process described herein as part of its standard service.
5.7. Cooperation with Public Authorities
5.7.1.The Operator maintains a designated contact point for public authorities to submit orders to remove or restrict access to specific Content contact@gorillabusiness.pl
5.7.2.Such orders will be implemented in compliance with applicable law and the procedures set forth in the DSA.
5.7.3.The Operator will promptly notify competent law enforcement authorities of suspected criminal activity that poses a threat to life or safety, in accordance with applicable law.
5.8. The Operator implements safeguards against abuse (including repeated, manifestly unfounded Notices or attempts to circumvent Moderation). Notices submitted by entities holding “Trusted Flagger” status under the DSA are given priority and processed expeditiously, while respecting Users’ rights.
6. PERSONAL DATA AND PRIVACY
6.1. The controller of Users’ personal data is Piotr Goryl, conducting business under the name “Piotr Goryl – Gorilla Business,” with its registered office at ul. Bronisława Malinowskiego 15, 30-699 Kraków, Poland, NIP (Tax ID): 9451969937, REGON: 527321740 (the “Operator”).
6.2. For data protection matters, Users may contact the Operator at gdpr@pointaplace.com or by postal mail to the Operator’s registered office. Users may also use the electronic contact point provided in the Privacy Policy.
6.3. Personal data is processed in accordance with the EU General Data Protection Regulation (GDPR, Regulation (EU) 2016/679), applicable national data protection laws of EU Member States, the ePrivacy Directive (Directive 2002/58/EC), the California Consumer Privacy Act and California Privacy Rights Act (CCPA/CPRA), where applicable, and the Children’s Online Privacy Protection Act (COPPA) in the United States with respect to children under 13.
6.4. Personal data may be processed for the following purposes: provision of the Services (e.g., registration, login, storage of User Content); management of Subscriptions and payments; ensuring the security and integrity of the App (fraud prevention, abuse monitoring, IT security); handling complaints, Notices, and moderation procedures; compliance with legal obligations (e.g., tax, accounting); statistical analysis, development and optimization of the Services; and the Operator’s own marketing activities (subject to User consent where required).
6.5. Processing is carried out on the following legal bases: Article 6(1)(b) GDPR – performance of the Agreement; Article 6(1)(c) GDPR – compliance with legal obligations; Article 6(1)(f) GDPR – legitimate interests of the Operator (e.g., IT security, defense of claims); and Article 6(1)(a) GDPR – User consent (e.g., geolocation, push notifications, marketing).
6.6. The Operator may process the following categories of personal data: identification data: name, surname, email address, phone number; registration and login data: username, password (encrypted), session tokens; transactional data: payment identifiers and status, Subscription information (processed through App Stores); technical data: IP address, device identifiers, operating system, system logs; location data: GPS, IP-based or other geolocation data (subject to User consent); content-related data: User Content (photos, notes, recordings, metadata); communication data: correspondence with the Operator, complaints, moderation-related submissions; marketing data: consents and User preferences.
6.7. Cookies and Other Technologies
6.7.1.The Application may use cookies and similar technologies (e.g., device identifiers, tracking pixels) for functional, security, and analytics purposes.
6.7.2.The installation of marketing cookies requires the User’s consent.
6.7.3.The User may change their preferences at any time in the Application or device settings.
6.8. Data may be shared with, among others: IT, hosting, and cloud service providers; third parties providing content moderation services; payment providers (Apple, Google); and analytics and marketing service providers (where based on consent).
6.9. Data may be transferred outside the EEA only on the basis of: an adequacy decision; Standard Contractual Clauses (SCCs); or other mechanisms permitted under the GDPR.
6.10. Information on the security measures implemented is available to the User upon request.
6.11. User Rights:
6.11.1. The User has rights under the GDPR, including the right of access, rectification, erasure of data (“right to be forgotten”), restriction of processing, data portability, objection to processing, withdrawal of consent at any time, and the right to lodge a complaint with a supervisory authority. In addition, Users located in California have rights under the CCPA/CPRA, including: the right to know, the right to deletion, the right to opt-out (the Operator does not “sell” data within the meaning of the CCPA/CPRA), and the right to non-discrimination. Rights under the CCPA/CPRA apply only to the extent required by law, i.e., where statutory applicability thresholds are met by the Operator.
6.12. The Application is not directed to children under the age of 16 in the EU or under the age of 13 in the United States. The Operator does not knowingly collect data from such children; if such data is detected, it will be deleted.
6.13. Personal data are retained for the duration of the Agreement and use of the Services; for periods required by law (e.g., tax); until the expiration of statutory limitation periods; or until consent is withdrawn, where processing is based on consent.
6.14. The Operator applies technical and organizational measures to ensure the security of data.
6.15. The User is responsible for protecting login credentials and for using devices secured with a password or other authentication mechanism.
6.16. The Application is designed in accordance with the principles of privacy by design and privacy by default. The Operator publishes mandatory privacy disclosures (Privacy Nutrition Labels / Data Safety Form) in the App Store and Google Play.
6.17. The User may delete their Account and associated data at any time directly within the Application (“Delete Account” in-app).
6.18. The Application complies with the Google Play User Data Policy.
6.19. Further details on the processing of personal data are set out in the Privacy Policy, which forms an integral part of these Terms.
7. PAYMENT AND SUBSCRIPTION TERMS
7.1. Use of the App may be free of charge for basic functions. Access to certain features of the App may require a paid Subscription on a monthly, annual, or other plan as indicated in the App Store. Detailed information about available Subscription plans, prices, and the scope of Services is provided within the App and in the App Stores (Apple App Store and Google Play).
7.2. Subscription payments are made exclusively through the Apple App Store or Google Play (In-App Purchase, Google Play Billing), in accordance with the terms and conditions of those stores.
7.3. The Operator does not have access to Users’ payment details.
7.4. The User is required to provide true and up-to-date billing information.
7.5. Subscriptions renew automatically unless the User disables auto-renewal in their Apple ID or Google Account settings at least 24 hours before the end of the current billing period.
7.6. The fee for the next Subscription period will be charged within 24 hours before its commencement.
7.7. Information about auto-renewal, billing frequency, and cancellation procedures is clearly presented before entering into the Agreement.
7.8. The Operator may offer a free trial (“Free Trial”) or promotional Subscription offers.
7.9. If the User does not cancel the Subscription before the end of the trial period, the Subscription will automatically convert into a paid one, and the fee will be charged in accordance with the selected plan.
7.10. The terms of promotions and trial periods will always be clearly disclosed to the User.
7.11. Consumers in the EU have the right to withdraw from a distance contract within 14 days of its conclusion without providing any reason. If, at the time of purchase, the Consumer expressly consents to the provision of digital Services before the expiry of the 14-day withdrawal period and acknowledges the loss of the right of withdrawal, this right expires once performance begins. Such consent is given by a separate checkbox (independent of acceptance of the Terms) and is confirmed on a Durable Medium (e.g., email). If no such consent is provided, the Subscription will commence after the 14-day period. Where consent is given, fees for the commenced Billing Period are non-refundable. If Services begin before the 14 days without such consent, the Consumer may withdraw, and the Operator may charge a proportionate fee for the Services provided until withdrawal, in accordance with consumer law. Subscription cancellation is available only via the User’s Apple App Store or Google Play account settings. The right of withdrawal does not apply to digital content delivered in full immediately if the User consents to performance before the expiry of 14 days.
7.12. Refund requests are processed in accordance with Apple App Store or Google Play policies—the Operator cannot issue direct refunds.
7.13. The Operator may, in individual cases, request Apple or Google to review a refund claim, but the final decision rests with the App Store.
7.14. The Operator reserves the right to change Subscription prices.
7.15. Price changes apply from the next billing period and require prior notification of the User in the manner specified by the Apple App Store or Google Play.
7.16. If the User does not accept the new Subscription terms, they should cancel the Subscription before the start of the new billing period.
7.17. All Subscription prices are provided in the currency relevant to the User’s market and include taxes in accordance with local regulations.
7.18. Sales tax or VAT is collected and remitted in accordance with Apple and Google policies, which act as resellers on behalf of the Operator.
7.19. Complaints concerning payments and billing should be submitted directly to the relevant App Store, in accordance with its terms. Complaints concerning the quality of Services or digital content may be submitted directly to the Operator, who will review them within 14 days of receipt.
7.20. The Operator may suspend or terminate a Subscription in the event of: non-payment; breach of the Terms by the User; or a decision to discontinue a specific functionality or service.
7.21. The User will be informed clearly and transparently about any suspension or termination of their Subscription, including the legal or contractual basis and the right to appeal.
7.22. The Operator provides Users with clear and understandable information on: the main features of the Subscription; the price and total costs; the duration of the contract and termination rules; and complaint and withdrawal procedures. This information is made available before the contract is concluded, both in the App Stores and within the App.
7.23. The Operator complies with state automatic renewal laws (e.g., California Automatic Renewal Law) and provides a simple “click-to-cancel” procedure.
8. INTELLECTUAL PROPERTY AND LICENSE RIGHTS
8.1. The PointAPlace Application, including all software components, source and object code, databases, layout and graphical interface, trademarks, logos, textual and graphic content, and other materials forming its integral part, are the property of the Operator or its licensors and are protected under copyright law, industrial property law, and other applicable regulations.
8.2. Nothing in these Terms transfers to the User any proprietary copyrights, industrial property rights, or database rights—other than the limited license granted under this Section.
8.3. The Operator grants the User a non-exclusive, revocable, non-transferable, non-sublicensable license, territorially limited to the areas where the App is made available, to use the App in accordance with its intended purpose and these Terms. The license includes the right to: download and install the App on one or more User devices that meet the technical requirements; use the App solely for personal, non-commercial purposes; and access updates and patches provided by the Operator. The User is not permitted to: decompile, reverse-engineer, modify, or distribute the App; circumvent or interfere with security mechanisms; or use the App in any manner contrary to its intended purpose or applicable law. A breach of these license terms may result in termination of the Agreement by the Operator and loss of the right to use the App. When the App is used on Apple devices, the license is limited to a non-exclusive, non-transferable right to use the App on Apple devices owned or controlled by the User, subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions. The license also extends to access and use by other accounts associated with the original purchaser through Family Sharing or Volume Purchase programs.
8.4. Users retain ownership of all proprietary and moral rights in the Content they submit to the App. To the extent necessary to provide the Services, the User grants the Operator a license to store, reproduce, publicly make available (if enabled by the App’s functionality), and process the Content within the functions of the App. The license is limited to the duration of the User’s use of the App and expires upon deletion of the Content by the User or termination of the Agreement, unless otherwise required by law.
8.5. All trademarks, logos, and branding elements associated with the App are the property of the Operator or authorized third parties and may not be used without the prior written consent of the rights holder.
8.6. The User does not acquire any rights to trademarks by using the App.
8.7. The Operator respects the intellectual property rights of third parties and acts in compliance with applicable law, including the Digital Millennium Copyright Act (DMCA) in the United States and relevant EU regulations.
8.8. In the event of suspected infringement of copyright or trademarks, the rights holder may submit a notice to the Operator via a dedicated email address: abuse@pointaplace.com.
8.9. A notice must include the legally required information, including identification of the rights holder, identification of the infringed work/mark, and a statement made in good faith. The Operator will take prompt action in accordance with applicable procedures (Notice & Action).
8.10. The Operator may provide updates, bug fixes, and new versions of the App; use of these is covered by the granted license.
8.11. The App may contain open-source components subject to separate licenses; their terms are available in the technical documentation or in the “Legal Information” section of the App.
8.12. In the event of a conflict between these Terms and the provisions of an open-source license, the open-source license will prevail.
9. LIABILITY AND LIMITATIONS OF LIABILITY
9.1. The Operator provides the Services as a hosting provider within the meaning of applicable EU and U.S. law.
9.2. The Operator is not liable for User Content, provided it acts in accordance with applicable intermediary liability frameworks, in particular where it: has no actual knowledge of the unlawful nature of the Content, or, upon obtaining such knowledge or a valid Notice, acts expeditiously to remove or disable access to the Content.
9.3. The Operator is liable to the User only for direct damages resulting from non-performance or improper performance of the Agreement caused solely by the Operator’s intentional misconduct. To the fullest extent permitted by law, the Operator is not liable for: indirect, incidental, or consequential damages, including loss of profits, data, reputation, or business interruption; damages arising from use of the App in violation of these Terms or its intended purpose; damages caused by third parties (e.g., hosting, payment, or telecommunications providers); or damages caused by force majeure events, including network outages, DDoS attacks, natural disasters, or administrative decisions.
9.4. The Operator exercises due care to ensure the App operates continuously and properly, but does not guarantee that: the App will operate without interruptions, errors, downtime, or defects; the App will be compatible with every User device or system configuration; or the App will meet all User expectations.
9.5. The User is responsible for providing the appropriate equipment, software, and internet connectivity necessary to use the App.
9.6. The User bears full responsibility for the Content they submit to the App and for all actions taken under their Account.
9.7. In the event of third-party claims against the Operator arising from User Content or activities, the User agrees to indemnify and hold the Operator harmless and to cover all reasonable costs of legal defense.
9.8. Nothing in these Terms excludes or limits the Operator’s liability to Consumers where such exclusion or limitation would be contrary to mandatory law.
9.9. The Operator is liable to EU Consumers for lack of conformity of the Services with the Agreement in accordance with Directive (EU) 2019/770 on digital content and digital services.
9.10. In the United States, Consumers may have additional state law rights which are not excluded by these Terms.
9.11. The Operator’s total liability to the User, regardless of the legal basis, is limited to the amount of fees paid by the User to the Operator in the six (6) months preceding the event giving rise to liability. This limitation does not apply to Consumers to the extent that mandatory consumer protection laws provide otherwise.
9.12. The App may contain links to third-party websites or services. The Operator is not responsible for the content, privacy policies, or practices of third parties. Use of third-party services is subject to the terms and conditions of those providers.
9.13. Content and information made available in the App are for informational purposes only and do not constitute professional advice. The Operator is not liable for decisions made by the User based on information obtained through the App.
9.14. To the extent required by Apple, the User acknowledges that in the event of any failure of the App to conform to any applicable warranty, the User may notify Apple, and Apple will refund the purchase price of the App (if applicable). To the maximum extent permitted by law, Apple has no other warranty obligations with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to warranty are the sole responsibility of the Operator.
9.15. The User and the Operator acknowledge that solely the Operator (and not Apple) is responsible for addressing any User or third-party claims relating to the App or its use, including but not limited to: product liability claims; claims that the App fails to conform to legal or regulatory requirements; and claims arising under consumer protection, data protection, privacy, or similar laws, including those relating to the App’s use of Apple frameworks (e.g., HealthKit, HomeKit).
10. TECHNICAL REQUIREMENTS, SUPPORT, AND UPDATES
10.1. To use the App, the following are required:
10.1.1. a mobile device (smartphone or tablet) with an iOS or Android operating system version supported by the Apple App Store or Google Play,
10.1.2. internet access,
10.1.3. an active App Store account (Apple ID or Google Account),
10.1.4. acceptance of these Terms and the Privacy Policy.
10.2. The User is responsible for data transmission charges, subscription fees, or other costs associated with using the App under their telecommunications service agreement.
10.3. The App is installed by downloading it from the Apple App Store or Google Play.
10.4. The Operator may periodically release updates to the App, including bug fixes, changes in functionality, enhanced security, or new features.
10.5. The User is required to promptly install available updates to ensure the App remains compliant with the Agreement and to maintain secure use of the Services.
10.6. Failure to install updates may result in limited or no access to certain functionalities.
10.7. In accordance with Directive (EU) 2019/770 on digital content and services, the Operator provides EU Consumers with updates necessary to keep the App in conformity with the Agreement for a reasonable period, taking into account the nature and purpose of the App, the User’s expectations, and the Operator’s representations.
10.8. The Operator is not liable for lack of conformity of the App with the Agreement where the Consumer fails to install an update provided within a reasonable time, provided the User was properly informed of its availability and of the consequences of non-installation.
10.9. The Operator reserves the right to make changes to the App, including adding, modifying, or removing features.
10.10. Changes that materially affect the rights or obligations of Users will be communicated in advance (at least 30 days).
10.11. For Consumers, such changes may not result in additional costs or a material reduction in the quality of the Services, unless the Consumer consents or the changes are required by law.
10.12. The Operator provides basic technical support regarding the use of the App through an electronic contact point (support@pointaplace.com), including: providing information on the functioning of the App; assisting in resolving technical issues; and receiving reports of errors or failures.
10.13. The Operator does not guarantee uninterrupted availability of technical support and does not provide support beyond the scope described in these Terms.
10.14. The Operator may discontinue support for a given version of the App after a reasonable period following its release, consistent with the software life cycle.
10.15. In such cases, the User will be informed in advance of the need to update to a newer version of the App.
10.16. In the event that support for the entire App is discontinued, the Operator will notify Users in advance, and EU Consumers will be granted rights under applicable laws regarding termination of the Agreement and pro-rata refunds for any unused portion of their Subscription.
11. COMPLAINTS AND DISPUTE RESOLUTION
11.1. The User has the right to submit complaints regarding the functioning of the App or the quality of the Services provided.
11.2. Complaints should be submitted electronically to the email address designated by the Operator (support@pointaplace.com) or via the form available within the App.
11.3. A complaint should include: the User’s identifying information (name, surname, and email address linked to the Account); a description of the issue; and the requested resolution.
11.4. The Operator reviews complaints within 14 days of receipt. In particularly complex cases, this period may be extended, in which case the User will be informed.
11.5. Complaints related to payments made through the Apple App Store or Google Play must be submitted directly to the respective App Store.
11.6. The Operator has no technical capability to process refunds outside the Apple App Store or Google Play systems.
11.7. The Operator may support the User in submitting a payment-related complaint, but the final decision rests with the relevant App Store.
11.8. Consumers have the right to out-of-court resolution of consumer disputes, including filing a complaint with the competent consumer protection authority in their country or using available alternative dispute resolution (ADR) procedures. The Operator participates in ADR under Article 21 of the DSA only to the extent that the App qualifies as an online platform and the Operator does not benefit from the SME exemption. Notwithstanding the foregoing, the Operator remains willing to cooperate in good faith.
11.9. The provisions of this section do not limit the Consumer’s right to pursue claims before consumer protection authorities or in a competent court, where such rights arise under mandatory provisions of law.
12. CHANGES TO THE TERMS AND TERMINATION OF SERVICES
12.1. The Operator reserves the right to amend these Terms for valid legal, technical, or organizational reasons, in particular in cases of: changes in applicable laws or the issuance of new regulatory guidance; introduction of new App functionalities or modifications of existing ones; changes in cooperation terms with external partners (e.g., App Stores, payment providers); or the need to ensure security or continuity of the Services.
12.2. Users will be informed of amendments to the Terms in advance (no less than 14 days) by publication within the App and by email or push notification (if the User has consented to receive such communications). In the case of material changes, Consumers will be informed at least 30 days in advance.
12.3. The amended Terms bind the User unless they terminate the Agreement prior to the effective date of the changes.
12.4. For Consumers, if the changes are material or adverse, the Consumer has the right to terminate the Agreement with immediate effect up until the date the changes take effect, without incurring additional charges.
12.5. The User may terminate use of the App at any time by deleting their Account.
12.6. Account deletion may be carried out through the App settings or by submitting such a request to the Operator.
12.7. Termination of the Agreement by the User does not release them from the obligation to pay fees due for billing periods that commenced prior to the date of termination.
12.8. The Operator may terminate the Agreement or restrict the User’s access to the App only in cases of: gross violation of these Terms by the User; use of the App in a manner contrary to law or public order; submission of false registration data; non-payment for a Subscription for a period of at least 30 days; or pursuant to an administrative or court order.
12.9. In the event of termination of the Agreement by the Operator, the User will be informed of the reason, the effective date, and the procedure for appealing the decision.
12.10. Upon termination of the Agreement, the User’s Account will be deleted or blocked, and access to the App will be discontinued.
12.11. User Content may be retained for the period necessary to protect the Operator’s legitimate interests or as required by law.
12.12. The User’s personal data will be processed in accordance with the Privacy Policy and applicable data protection laws.
12.13. The Operator maintains archived versions of the Terms and makes them available to Users upon request. The most recent version of the Terms is always available within the App and on the Operator’s website.
12.14. The User may terminate their Subscription at any time through Apple App Store or Google Play settings.
12.15. Termination of the Agreement with the Operator does not affect the rights and obligations arising from the Apple or Google terms, which govern payments and refunds.
13. MISCELLANEOUS
13.1. These Terms, together with the Privacy Policy and any other documents incorporated by reference, constitute the entire agreement between the User and the Operator and supersede all prior arrangements, offers, or understandings relating to the use of the App.
13.2. If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the validity and enforceability of the remaining provisions will not be affected.
13.3. Any invalid or unenforceable provision will be replaced by a valid provision that most closely reflects the purpose and intent of the original provision.
13.4. The User may not assign their rights or obligations under these Terms to any third party without the prior written consent of the Operator.
13.5. The Operator may assign its rights and obligations under these Terms to a third party in the event of a reorganization, merger, acquisition, or sale of business, subject to preserving the User’s rights under consumer law.
13.6. The primary means of communication between the User and the Operator is electronic communication (email) or in-App notifications. Operator’s contact details: Piotr Goryl – Gorilla Business, ul. Bronisława Malinowskiego 15, 30-699 Kraków, Poland, NIP: 9451969937, REGON: 527321740. Email address: support@pointaplace.com. The User is required to provide a true and up-to-date email address for contact purposes.
13.7. These Terms are governed by Polish law. For Consumers in the EU, the law of their country of residence applies where it provides a higher level of protection than Polish law.
13.8. Nothing in these Terms limits the rights of Users arising under the Apple App Store or Google Play terms and conditions.
13.9. In the event of any conflict between these Terms and the terms of an App Store, applicable law and the respective App Store terms prevail.
13.10. The Services may be subject to export control laws and economic sanctions. The User agrees not to use the Services in countries subject to sanctions (including Iran, North Korea, Syria, Cuba, Crimea). The Operator declares that the App uses encryption compliant with applicable laws and has been duly notified to the relevant regulatory authorities. The User further represents that they are not listed on any U.S. government list of prohibited or restricted parties (such as the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons) and are not otherwise subject to applicable U.S. export control or sanctions restrictions.
13.11. The User acknowledges that this Agreement is concluded solely between the User and the Operator; neither Apple nor Google is responsible for the App or its support. To the extent required by Apple/Google terms, Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce its provisions against the User.
13.12. To the fullest extent permitted by applicable law, the User and the Operator agree that any legal proceedings will be conducted solely on an individual basis and not as part of a class, consolidated, or representative action. No proceeding may be combined with another without the express consent of all parties.
13.13. The Service and the App do not constitute a dual-use item within the meaning of Regulation (EU) 2021/821 (Dual-Use Regulation) or U.S. export control law (Export Administration Regulations – EAR). Consequently, no export license is required. The Operator has nonetheless made the necessary filings and notifications, including: (i) to Agence nationale de la sécurité des systèmes d’information (ANSSI) in France, regarding the cryptographic solutions applied; and (ii) to the U.S. Department of Commerce, Bureau of Industry and Security (BIS), in accordance with applicable U.S. export control regulations. The User undertakes to use the Service in compliance with applicable national and international export control laws.