Regulamin ENG iYoni App

TERMS AND CONDITIONS OF IYONI MOBILE APPLICATION
effective 15.04.2024

I. GENERAL PROVISIONS

These Terms and Conditions set forth the general terms and conditions of use of the Mobile Application called iYoni made available for use on Mobile Devices (hereinafter referred to as the “Application” or “Mobile Application“) by LIFEBITE spółka z ograniczoną odpowiedzialnością (formerly: LIFEBITE Katarzyna Goch) based in Olsztyn, at the address: ul. prof. Aleksandra Martyniaka 16 /1, 10-763 Olsztyn, registered by the District Court in Olsztyn, VIII Economic Department of the National Court Register, under KRS no.: 0001079294, NIP: 7393994164, REGON: 527412861, with share capital of: PLN 51,000.00 hereinafter referred to as “Service Provider“.
Contact with the Service Provider is made via e-mail directed to: contact@iyoni.app.
The App supports health monitoring for women and men, especially for pregnancy seeking, fertility support, contraception and menstrual cycle information. With the Application, the User can decide on the application mode and his/her goal: pregnancy seeking, pregnancy prevention, pregnancy monitoring, and cycle and health monitoring. Thus, among other things, she can monitor the regularity of her menstrual cycle and predicted fertile days, control the regularity of taking medications (including birth control pills), record factors determining the possibility of pregnancy, fertility and health such as intercourse, body temperature measurement, ovulation test results, body health symptoms, ultrasound results, hormone test results and semen tests. It can also record and report on activities that affect fertility, such as sleep, diet, sports participation, use of stimulants, and mood. The Application is a place where Users can record data affecting health and fertility (including risk factors, health status, history of diseases, including those occurring in the family, test results) and learn about recommendations created by the Application’s algorithm, developed in cooperation with doctors, based on the analysis of this data, as well as browse thematic articles presented by the Service Provider within the Knowledge Base. The App also has a feature for couples to connect the App with a partner’s App, to share data on cycle, fertility, contraception, mood and on calendar events, and to share additional information on needs, including those related to intimacy, and to pass messages in chat.
These Terms and Conditions shall be continuously and freely made available by the Service Provider in the Mobile Application, in a manner that allows Users to obtain, reproduce and record its content by saving it on a medium at any time through the computer system used by the User.
All rights to the Mobile Application and all materials contained therein, including property copyrights, intellectual property rights to its name, forms, photos, logos belong to the Service Provider or its cooperating entities, and use may be made only in the manner specified and in accordance with the Regulations.
It is prohibited to copy, reproduce, modify, reproduce or distribute any part of the Application, the Service or its elements without the prior written consent of the Service Provider, except as expressly permitted by the provisions of applicable law and the iYoni Mobile Application Terms and Conditions. The Service Provider may take steps, including through litigation, to protect its and Users’ interests.
The Service Provider has the right to post advertising and informational content on the Application regarding the Services offered, as well as goods and services of third parties. The use of such offers or services is not part of the Application, and their rules are determined by the relevant third parties.
These Regulations set forth, in particular, the rules for the use of the Mobile Application, the types and scope of the Services, the conditions for the provision of the Services, the conditions for the conclusion and termination of agreements for the provision of the Services and the procedure for complaints.
The Service Provider informs that the use of Services provided electronically may involve risks on the part of any Internet user, consisting of the possibility of introducing harmful software into the user’s ICT system and obtaining and modifying his/her data by unauthorized persons. In order to avoid the risk of the aforementioned threats, the User should use appropriate technical measures to minimize their occurrence, in particular anti-virus programs.
The Service Provider has designated a single point of contact for contacting Users, the authorities of the European Union member states, the European Union Commission and the Digital Services Board referred to in the DSA Regulation. Communication at the point takes place at the e-mail address indicated in subsection 2 above, in Polish and English.
The services provided in the Application are addressed exclusively to individuals not engaged in business activity. The use of the Application is not intended for Entrepreneurs, including Entrepreneurs running a sole proprietorship, even if the use of the Application is not professional for such Entrepreneurs, arising in particular from the subject matter of their business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
The rules for the provision of other Services within the Mobile Application, including Paid Services, may be specified in additional regulations.

II. DEFINITIONS

Terms used in this document have the following meanings:

Upgrade – modification of the Digital Service, including its security features, which is necessary to keep the Digital Content in compliance with the Agreement;

Google Play – an online store for mobile applications under the name: Play Store, operated by the Google Company, designed for AndroidTM mobile Devices;

Apple – Apple Inc. registered in the state of California (USA) with its headquarters at Apple Inc. 1 InfiniteLoop, Cupertino, California 95014, USA, which is the operator of the AppStore;

AppStore – an online store of mobile applications run by the Apple Company, designed for iOS Mobile Devices;

Mobile Application/Application – software under the name of iYoni, developed by the Service Provider and made available to the User through, among others, Google Play and App Store, intended for installation on a Mobile Device, within which Users can use the Services offered by the Service Provider;

Mobile Device/Device – a device that allows the use of the Application and the data service, in particular a cell phone, operating on the basis of the AndroidTM or IOS operating system;

User – a natural person with full legal capacity, a sole proprietor, a legal entity or an organizational unit without legal personality who has registered an Account in the Application, may place a PRO Order and use the other Services provided by the Service Provider within the Application under the terms and conditions specified in these Regulations and in the Application;

Account – the part of the Application assigned to a given User, through which he/she may perform certain actions indicated in the Application. The scope of actions that the User may perform and functionalities available within the Account may vary depending on the type of PRO Access or free use of the Application selected by the User;

Registration – a one-time action of creating an Account through an interactive form provided in the Application;

PRO Access – paid, temporary access to a set of Services or functionalities within which a Registered User may perform certain activities indicated in the PRO description in the Application, in particular such as completing additional surveys on health, activity and factors affecting health or fertility, viewing additional Recommendations or reports, viewing a separate part of the Knowledge Base, and sharing part of the data with a person designated by the User within the iYoni for Couples feature. The scope of the PRO Service and its duration are indicated in its description presented in the Application. The Access Service is a Digital Service within the meaning of the Consumer Rights Act;

Knowledge Base – a space in the Application, within which the Service Provider publishes thematic articles related to the nature and subject matter of the Application, in particular on fertility. Content presented in the Knowledge Base does not constitute and does not replace medical advice;

Recommendations – messages displayed to the User based on the data that the User completes in the Application containing information and suggestions for improving health, promoting fertility, using contraception, increasing the chances of pregnancy and managing pregnancy. Recommendations are for educational and informational purposes only and do not constitute and replace medical advice;

Order – a statement of the User’s will, aiming directly at the conclusion of the Agreement for the provision of the Services of the PRO Access selected by the User under the terms and conditions indicated in these Regulations;

Services – services provided by the Service Provider to Users electronically, within the meaning of the Provision of Electronic Services Act of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended);

Digital service – a digital service as defined in the Law on Consumer Rights;

Contract – a contract for the provision of Services, concluded between the Service Provider and the User;

Contract for the provision of digital services – a contract the subject of which is the provision of a Digital Service in the form of a Mobile Application or Access;

Consumer – a User who is a consumer within the meaning of Article 22[1] of the Civil Code;

Entrepreneur – a User who is an entrepreneur within the meaning of Article 43[1] of the Civil Code;

Working days – days from Monday to Friday excluding public holidays;

Consumer Rights Act – the Act of May 30, 2014 on consumer rights (Journal of Laws 2014, item 827);

Law on Providing Services by Electronic Means – Law of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws 2002 No. 144, item 1204, as amended);

Civil Code – the law of April 23, 1964 (Journal of Laws 1964 no. 16, item 93 as amended);

Regulations – this document;

Content – publicly available content added by Users through the functionality of the Mobile Application by the Service Provider;

DSA Regulation – 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);

Modification – modification of the Digital Service that is not necessary for the Service to be in compliance with the contract and does not involve costs on the part of the Consumer.

III. RULES OF USE OF THE APPLICATION

Use of the Application may be made only under the terms and to the extent indicated in the Regulations.
Minimum technical requirements to use the Application:

Mobile Device operating system: Android from version 6.0 to the current 10.0 or iOS 14
email access;
an active and correctly configured on the Mobile Device data service provided by the telecommunications carrier or a running wireless connection.

In order to use the Application, the User should:

download the Application from the Google Play store or AppStore, depending on the operating system of the Device referred to in subsection a above;
read these Terms and Conditions and the information about the Application made available in the description of the Application available in the store from which it can be downloaded;
Install the Application on the Mobile Device by following the directions displayed on the screen of the Mobile Device during installation.

The procedure for gaining access to the Application includes the submission of a statement of acceptance of the content of the Terms and Conditions by the User.
The contract for the provision of digital services in the form of use of the Application is concluded upon acceptance of the Terms and Conditions and completion of the Application installation process.
The agreement for the provision of digital services in the form of use of the Application is concluded for an indefinite period of time. The provisions of the Regulations shall constitute the content of this agreement.
After concluding the agreement referred to in subsections 5 and 6 above and reviewing the privacy policy, the User shall be given the opportunity to use the Application, including the various functionalities of the Application and the Services provided within the Application.
You may stop using the Application at any time by deleting it from your Mobile Device in the standard manner for the version of the operating system installed on your Mobile Device.
In the event of violation of the provisions of these Regulations by the User, the Service Provider, after an ineffective call to cease or remove the violations with the setting of an appropriate deadline, may terminate the Application Agreement with 14 days’ notice.
The User, by posting content in the Application, within the Account, such as descriptions, parameters and other elements, grants the Service Provider a free and non-exclusive license with the right to grant sublicenses to publish them on social networks, applications, widgets or other channels of the Service Provider without limitation of time and territory, e.g. in the form of printscreens showing the operation of the functionality of the Application. Content published by the Service Provider will not contain the User’s personal data, and their use by the Service Provider will be for the purpose of presenting the Application.
The User is authorized to use the resources of the Application solely for his/her own use. The Service Provider does not agree to use the resources and functions available in the Application for the purpose of conducting activities by the User that would violate the interest of the Service Provider.
It is forbidden for the User to use the Application or the Services in a manner that violates the law, good morals, the personal interests of third parties or the legitimate interests of the Service Provider, including taking actions by the User to interfere with the proper operation of the Application, and in particular to provide unlawful content.
In particular, the user is obliged to:

not to provide or transmit content that is prohibited by law, such as content that promotes violence, defames or violates personal rights, copyrights and other rights of third parties,
use the Mobile Application in a manner that does not interfere with its operation, in particular by using certain software or devices,
not to take actions such as: sending or posting unsolicited commercial information (spam) within the Mobile Application,
Use of the Mobile Application in a manner that is not disruptive to other Users and to the Service Provider,
use any content posted within the Mobile Application only for your own personal use,
use the Mobile Application in a manner consistent with the provisions of the laws in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.

The Service Provider may voluntarily undertake actions to check the Content added by Users, in particular for compliance with subsection 13 above.
The Service Provider, when taking screening actions, does not use algorithmic decision-making. All decisions made by the Service Provider regarding the Account are the result of a human review.
The Service Provider allows Users to report Content (hereinafter: “Report”) that violates Section 13 above, including, in particular, content that violates Polish and European Union laws.
The User may submit a Request via the dedicated contact form in the iYoni application (the How to Improve iYoni button) or via email at contact@iyoni.app.
If the Submission contains electronic contact information of the User who made the Submission, the Service Provider shall, without undue delay, send the User a confirmation of receipt of the Submission.
The Service Provider, after performing the checks referred to in subsection 14 above, or after receiving a Request from the User, within 14 days from the date of receipt of the Request, shall make a decision regarding the reported Account.
The decision referred to in subsection 19 above (hereinafter the “Decision”) may consist of:

Restricting the visibility or deleting the Account to which the Application pertained;
suspension or termination of the Account of the User who added the Account to which the Application pertains.

The Service Provider, makes the Decision in a timely, non-arbitrary, objective manner and with due diligence.
The Service Provider shall, without undue delay, inform the User who made the Application of the Decision made by the Service Provider.
The Service Provider, if it has the electronic contact information of the User who added the submitted Account, shall inform the User of the Decision, and provide the reasons for the Decision.
The user who added the submitted Account may appeal against the Service Provider’s Decision within 14 days from the date of receipt of notification of the Service Provider’s Decision.
The appeal may be submitted to the Service Provider via e-mail at contact@iyoni.app and should contain the name, surname and e-mail address of the User who added the reported Account along with a comprehensive justification.
The service provider shall consider the appeal referred to in subsection 24 above within 14 days of receipt.
All content and information available on the Application, contained in the Knowledge Base, Recommendations and provided to the User by the Service Provider as part of the performance of the Services, including, in particular, information and materials provided to the User in electronic form (including via e-mail, or information presented in the Account) are of a general, general, illustrative, theoretical, educational nature and are presented within the subjective criteria selected by the Service Provider or are an expression of its subjective analysis based on current medical knowledge and recommendations of professional societies. The content referred to in the preceding sentence may be prepared according to the individual preferences of the User and is based on information provided to the Service Provider by the User and on current scientific knowledge. Therefore, the scope of this information and the degree of its relevance depends on the information provided by the User about his/her health condition, lifestyle, activities, etc. The provision of data and use of information by the User is voluntary, and due to the dynamic and variable nature of the data, it cannot replace the individual analysis of each case in practice. Nor does it replace personal or remote consultation with a specialist, in particular a doctor.
To the extent that the use of the Mobile Application and the Services available thereunder is a digital service within the meaning of the Consumer Rights Act (hereinafter “Digital Service”), the provisions of Chapter 5b of the Consumer Rights Act shall apply.

IV. SERVICES

The Service Provider provides paid and unpaid Services to Users, in accordance
with the information presented in the Application and according to the rules indicated in the Regulations.
The Service Provider enables the use of the following Services through the Application:

Free establishment and maintenance of an Account in the Application,
Free browsing of the content of the Application with a public status, in particular the content available within the Knowledge Base,
Providing free interactive forms to monitor the user’s menstrual cycle, symptoms and lifestyle activities,
Providing free interactive forms to record fertility symptoms, the user’s health status and health factors that may affect health and fertility,
Providing interactive forms free of charge to record the User’s daily activities,
Paid Services provided to Users with PRO Access.

Provision Agreement:

The service of creating and maintaining an Account is concluded for an indefinite period of time and is terminated upon the User’s own deletion of the Account,
The Service consisting of browsing the content of the Application with a public status, in particular the content available within the Knowledge Base, is concluded for a definite period of time and is terminated when the Application is closed by the User,
The service of providing interactive forms for monitoring the User’s menstrual cycle or taking contraception is concluded for a fixed period of time and is terminated upon deletion of the User’s Account,
The service of providing interactive forms for recording the User’s fertility symptoms, health status and health factors that may affect fertility, contraception or pregnancy is concluded for a limited period of time and terminates upon deletion of the User’s Account,
The service of providing interactive forms to record the User’s daily activities is concluded for a definite period of time and is terminated upon deletion of the User’s Account,
paid Services under PRO Access is concluded for a fixed term indicated each time in the description of PRO Access presented in the Application.

The use of the Services within the Application is possible after creating an Account and logging in to it. A User who does not have an Account is only able to view the main screen of the Application and complete the Account registration form.
The scope of provision of the Services indicated in subsection 2 letters a-e may be extended under paid PRO Access. Detailed information on the paid scope of provision of these Services can be found in the Mobile Application.
The Service Provider has the right to organize occasional contests and special actions (including in cooperation with Partners), the terms and conditions of which will be stated in the Mobile Application each time. Promotions in the Application are not cumulative, unless the Terms and Conditions of a given promotion provide otherwise.

V. VIEWING CONTENT, ACCOUNT

The service of maintaining an Account in the Mobile Application is available after Registration. Registration takes place by completing and accepting the registration form provided in the Application and answering the questions about the basic parameters referred to in sec. VI subsection 2, in particular regarding the cycle.
Each User with an Account has the opportunity to browse the information available to the public on the Application, in particular the information contained in the Knowledge Base. The articles presented by the Service Provider within the Knowledge Base mainly concern topics related to women’s and men’s health, prevention, fertility, contraception, the problem of getting pregnant and methods to increase the chances of conceiving a child, pregnancy. The information contained in the Knowledge Base is theoretical, illustrative and educational in nature and is presented within the framework of criteria selected subjectively by the Service Provider. The use of this content by the User is voluntary and cannot replace medical advice or personal consultation with a specialist.
A user cannot have more than one Account assigned to one email address (but it is possible to connect two email accounts, which will be assigned to one account in the application).
A User who registers through the Application, has the option to register and then log in with a Google account or Apple ID, depending on the system of the Mobile Device used.
The User is not allowed to use the Accounts of other Users and provide others with the ability to use the Account, including disclosure of the password to access the Account.
By registering an Account, the User declares that the data provided by him/her in the registration form is true and does not violate the rights of third parties. The User, in the use of the Services presented in the Application, is obliged in particular to complete the data indicated in his Account as mandatory.
The Account contains the User’s personal data provided by the User during Registration. In the event of any changes to the User’s data placed in the Account, the User is obliged to immediately correct the data himself/herself, through the functionalities available within the Account.

VI. MONITORING THE USER’S MENSTRUAL CYCLE AND RECORDING THE USER’S FERTILITY SYMPTOMS AND DAILY ACTIVITIES

By registering an Account on the Application, the Service Provider allows the User to use free Services related to monitoring health, the User’s menstrual cycle, use of contraception or pregnancy (depending on the purpose selected by the User) and recording the User’s health symptoms, fertility signs and daily activities.
After Registration, in order to configure the Account, the User is granted access to the calendar in the Application (hereinafter: “Calendar“), which records information completed by the User in the Application, such as the day of the User’s menstrual cycle, medications taken, data of the day, fertility symptoms or daily activities that the User has recorded.
The User has the ability to monitor his/her menstrual cycle using the Calendar. Interactive forms provided in the Application allow the User to complete data on the User’s menstrual dates.
As a result of analyzing the data entered by the User, the Application displays information to the User about the predicted dates of fertile days, ovulation, the next menstrual cycle or the predicted chances of pregnancy.
The information displayed to the User is a prediction determined on the basis of statistics compiled for groups of people with characteristics, especially age, corresponding to the User. This information is not a substitute for individual medical evaluation, nor for the results of tests, especially hormonal and ultrasound (hereinafter: “ultrasound“).
Within the interactive forms available a in the Application, the User has the opportunity to enter data on body symptoms and fertility symptoms and record them in the Calendar. Fertility symptoms refer in particular to body temperature, cervical mucus evaluation, ovulation test results or ultrasound examinations.
The User can generate a report of the Calendar period selected by him/her, containing Recommendations for the data entered or a summary of the data (Fertility Report). Recommendations determine, among other things, the possibility of ovulation and the chances of pregnancy during the period selected by the User, as well as information on possible management of suspected health problems.
The user also has the option of entering information regarding his or her daily activities including, in particular, diet, physical activity, sexual intercourse or consumption of stimulants such as alcohol and nicotine, and recording this data in the Calendar.
Based on the data entered, the User can generate a report for a period of time in the Calendar selected by the User, containing Recommendations for making changes in the User’s daily activities to increase the User’s chances of staying healthy or getting pregnant.
The recommendations referred to in items 7 and 9 above are made on the basis of data entered by the User and on the basis of available scientific articles and expert knowledge, and are available as a paid option. In order to obtain recommendations individually tailored to the User, the User should consult a specialist, in particular a doctor.

VII. PRO ACCESS.

As part of the paid PRO Access service, the User gains the opportunity to use additional Services, or to extend the scope of Services provided in the Application free of charge.
Detailed information about the scope, duration and price of PRO is provided in the description of the PRO service in the Application. Prices are quoted in Polish Zloty, Euros or US Dollars and include all components including VAT and other fees.
Information about the possibility of ordering PRO Access constitutes an invitation to conclude an Agreement, as defined in Article 71 of the Civil Code.
To place an Order, it is necessary to have an active email account and an Account in the Mobile Application and in Google Play or AppStore.
The PRO Access Service Agreement is concluded for an indefinite period of time in accordance with the separate Google Play and AppStore terms and conditions, for a period of time (hereinafter: , “Time Period”) selected by the User for the respective PRO Access.
After the conclusion of the Contract for the provision of digital services, the Service Provider confirms its terms and conditions by sending them to the User’s e-mail address.
The User shall make payment for PRO Access by electronic payment supported by Google Play or AppStore. The execution of the Order will begin after the Service Provider sends the User a confirmation of acceptance of the Order and after the Service Provider receives information about the User’s payment.
After the expiration of the period selected by the User as mentioned in the subsection above, the Agreement shall renew for the next Time Period selected by the User at the last purchase of PRO Access (Renewal Date).
Charges for the use of PRO Access are collected by Google or Apple without active participation of the User, through a payment handled by Google Play or AppStore. The terms of this payment may be governed by separate Google Play or AppStore terms and conditions.
The Service Provider, through the Application, shall inform the User of the deadline by which the User is required to make payment for the Order. In the event of non-payment by the User within the period referred to in the preceding sentence, the Service Provider, after an ineffective request for payment with setting an appropriate time limit, may withdraw from the Agreement pursuant to Article 491 of the Civil Code.
Provision of the Services that are the subject of the Order shall commence immediately upon receipt by the Service Provider of information from the billing agent’s system about the User’s payment.
As part of the PRO Services, the User has access to additional reports and the ability to fill out interactive questionnaires in the Application on issues related to, among others, his/her lifestyle, health and fertility risk factors, disease burden, including those in the family, his/her partner’s lifestyle, as well as those related to the User’s and his/her partner’s test results.
The application, based on the data entered and the answers provided in the questionnaires, determines health recommendations, predictors of getting pregnant (goal: trying to get pregnant), and displays Recommendations indicating factors whose elimination or application may increase the User’s chances of staying healthy and/or getting pregnant.
Display of Recommendations is intended to draw attention to a possible problem, educate Users and increase their awareness and knowledge in the field of health, contraception, fertility and infertility. Recommendations are not a diagnosis or medical advice. Their content has been developed on the basis of scientific, specialized knowledge and adapted to the answers provided by Users, but they are not a substitute for individual consultation with a specialist.
As part of the PRO Services, the User can connect his/her application with his/her partner’s application and share data about cycle, contraception, fertility, pregnancy, mood, calendar events, and intimate area needs. The range of information that can be shared is indicated in the App. Once the apps are connected, it is also possible to use the shared chat and the intimacy barometer.
The user independently selects the information he or she wants to share from among the information that can be shared, and decides when to share it.
The information shared is provided to the person whose application has been linked to the User Application.
Provision of the Service of sharing certain information with another Application User is possible only after that person consents to such action and downloads, installs and creates an account in the Application.

VIII. RIGHTS AND OBLIGATIONS OF USERS

A consumer, within 14 days of concluding a remote agreement (including a Service Agreement), may withdraw from it without giving any reason by making a suitable statement to the Service Provider. The User may formulate the statement himself or use the statement, the template of which can be found in the Application.
According to the Law on Consumer Rights, the Consumer’s right to withdraw from the Contract is excluded, among other things, in the case of a Contract for the provision of services for which the Consumer is obliged to pay the price, if the Service Provider has performed the service in full with the express and prior consent of the Consumer, who was informed before the start of the service, that after the performance by the entrepreneur will lose the right to withdraw from the contract, and accepted it.
Upon receipt of the Consumer’s statement of withdrawal from the Contract, the Service Provider will send an acknowledgement of receipt of the statement of withdrawal to the Consumer’s e-mail address.
The service provider shall refund the payment using the same method of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for the Consumer
The Service Provider shall, upon withdrawal from the Digital Services Agreement by the Consumer, at the Consumer’s request, make available to the Consumer content other than personal data that was provided or generated by the Consumer in the course of using the Digital Services provided by the Service Provider free of charge, within a reasonable time and in a commonly used machine-readable format, except:

when they are useful only in connection with the digital content that was the subject of the contract;
those that relate solely to the activity of the Consumer during the use of Digital Content by the Service Provider;
when they have been combined by the Service Provider with other data and cannot be separated from them or can be separated only with disproportionate efforts.

The Consumer has the right to recover from the Service Provider, the Digital Content referred to in subsection 5 above, free of charge, without hindrance from the Service Provider, within 14 days in CSV or other commonly used machine-readable format.
After the Consumer withdraws from the Digital Services Agreement, the Service Provider has the right to prevent the Consumer from further use of the Digital Services, in particular by preventing the Consumer from accessing the Digital Service or has the right to block the Account.
In the event of withdrawal from the Digital Service Agreement, the Consumer shall refrain from using this Digital Service and from making it available to third parties.
The User is obliged to use the Mobile Application in a manner consistent with the provisions of the laws in force in the territory of the Republic of Poland, the provisions of the Regulations, as well as with the general rules of Internet use.
The user is obliged to:

conduct themselves in a manner consistent with the law, good morals and the provisions of these Regulations, bearing in mind respect for the personal property and intellectual property rights of third parties;
To provide data in accordance with the facts in a way that is not misleading;
promptly notify the Service Provider of changes in data affecting the performance of the Services;
not to use devices, software or methods that may interfere with the operation of the Application;
Non-delivery of unlawful content.

The User may use the materials, information and other content presented in the Application or received under the Requested PRO Access or other Services only for his/her own personal use in accordance with the Terms and Conditions for the duration of the Service Agreement. In particular, it is prohibited to publicly distribute such content in whole or in part, or to develop it, use it for commercial purposes, translate it, adapt it or make any other changes.
The Service Provider does not consent to the use of the resources and functions of the Application for the purpose of conducting activities by the User that would violate the interest of the Service Provider.
The User may not carry out activities aimed at overloading the inboxes of other Users or the Service Provider, and in particular it is not allowed to send advertising messages.
The Service Provider shall have the right to suspend the provision of Services, as well as to terminate the Service Agreement (including the Services provided under PRO Access), after having ineffectively requested the User to cease violations, in the following cases:

the Service Provider becomes aware of a suspicion that the User is violating the Regulations, the provisions of applicable law or the rules of morality;
when the User’s actions or omissions negatively affect the Service Provider’s good name or otherwise harm the Service Provider;
in the event that the Service Provider receives a complaint about the activities of the User in question, or in any other case where the Service Provider has doubts as to the compliance with the specifics of the Application, the law and the rules of social intercourse, of the User’s actions.

In the event of termination of the Paid Contract in the manner referred to in the above subsection, the payment paid by the User shall be refunded in the amount proportional to the unused period of such Service in which the termination occurred.
Service Provider agrees to provide Digital Service Updates to the Consumer for the duration of the Agreement.
The Consumer agrees to cooperate with the Service Provider, in the case of an Upgrade, as long as it is carried out to a reasonable extent and with the least burdensome technical means.
The Service Provider may amend the Digital Service for valid reasons, including when it is necessary to adapt the Digital Services:

to a new technical environment or
to an increase in the number of users or for other important operational reasons.

Information about the Change shall be communicated to the Consumer at least 14 days prior to the implementation of the Change along with a description of the Change to the e-mail address that the Consumer indicated when placing the Order.
In the case of Changes that will materially adversely affect access to or use of the Digital Service, the Consumer may terminate the Agreement without notice within 30 days from the date the Consumer is informed of the Changes or the Changes are made.
The consumer has, among other things, the following options for out-of-court means of handling complaints and claims:

is entitled to apply to the provincial inspector of the Commercial Inspection to initiate mediation proceedings for an amicable settlement of the dispute between the User and the Service Provider.
may also file a complaint through the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/.

Information on how to access the aforementioned dispute resolution mode and procedures, can be found at the following address: www.uokik.gov.p; under “Consumer Dispute Resolution” Regulations of the iYoni Mobile Application

IX. LICENSE

Upon execution of the Service Agreement, the Service Provider grants the User a license to use the Application. The license is non-exclusive, non-transferable and territorially unlimited. The license to use the Application is free of charge.
The license is granted for an indefinite period of time, but no longer than the term of the Application and Application Services Agreement.
The License authorizes the use of the Application on the User’s Mobile Devices without the right to grant sublicenses, in the following fields of exploitation:

input to the memory (including RAM) of the Mobile Device,
fixation in the memory of the Mobile Device and display in that Mobile Device, temporary reproduction in the memory of the Mobile Device, necessary for the use of the Application,
Adaptation of the Application necessary to use it via a Mobile Device (hardware and software configuration).

Violation of the license terms by the User entitles the Service Provider to terminate the Agreement.

X. COMPLAINTS REGARDING THE PROVISION OF DIGITAL SERVICES

The Service Provider shall be liable for non-compliance of the Digital Service with the Agreement under the terms of Article 43i-43l of the Consumer Rights Act to a User who is a Consumer or a User who is a natural person concluding an Agreement directly related to his/her business activity, when the content of the Agreement shows that it does not have a professional character for that person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity.
Complaints about the Digital Services should be sent to the e-mail address: contact@iyoni.app.
The service provider undertakes to consider each complaint within 14 days of receipt.
In case of deficiencies in the complaint, the Service Provider will call on the Client to supplement it to the necessary extent immediately, but no later than within 7 days, from the date of receipt of the call by the Client.
In connection with the investigation of the complaint and the determination of whether the non-compliance of the Digital Service with the contract is due to the characteristics of the Client’s digital environment, the Client is obliged to cooperate with the Service Provider. The Service Provider will ensure that this cooperation is carried out to a reasonable extent and with the least burdensome technical measures for the Consumer.

XI. COMPLAINTS REGARDING THE PROVISION OF ELECTRONIC SERVICES

The User may file complaints regarding the Services provided by the Application, and in particular their non-performance or improper performance.
Complaints can be submitted in writing to LIFEBITE spółka z ograniczoną odpowiedzialnością (formerly: LIFEBITE Katarzyna Goch), Prof. Aleksandra Martyniaka 16 lok. 1, 10-763 Olsztyn, or to the e-mail address: contact@iyoni.app
In the complaint, the User should provide his name, mailing address, type and description of the problem.
The Service Provider undertakes to consider each complaint within 30 days, and if this is not possible, to inform the User within this period when the complaint will be considered. In the case of deficiencies in the complaint, the Service Provider will call on the User to supplement it to the necessary extent within 7 days, from the date of receipt of the call by the User

XII. PROTECTION OF PERSONAL DATA

The Service Provider collects and processes the personal data provided by Users in accordance with applicable laws and in accordance with the Privacy Policy, available on the Application.

XIII. FINAL PROVISIONS

The regulations are available in the language in which the application is installed.
Reproduction or publication of these Terms and Conditions or any part thereof without the written consent of the Service Provider is prohibited.
Unless otherwise provided by mandatory provisions of law, the applicable law for the resolution of any disputes arising under these Terms and Conditions is Polish law. Any disputes arising under these Terms and Conditions, where the other party is not a Consumer, will be resolved before a common court with jurisdiction over the Service Provider’s registered office.
The provisions contained in these Regulations concerning the Consumer, on the subject of withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to his/her business activity, when it follows from the content of the contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on the Central Register and Information on Business Activity. The provisions on out-of-court means of settling complaints and pursuing claims do not apply.
The content of these Terms and Conditions is subject to change. Any changes will be communicated to each User who is a Consumer through information in the Application, including a summary of the changes and their effective date. Consumers with an Account will additionally be informed of the changes with a summary of the changes to the e-mail address they have indicated. The effective date of the changes will not be less than 14 days from the date of their announcement. If a Consumer who has an Account does not accept the new content of the Terms and Conditions, he/she is obliged to notify the Service Provider of this fact in an e-mail message to the address indicated in point. I of the Regulations within 14 days from the date of notification of the change of the Regulations. Lack of acceptance shall result in termination of the Agreement for the provision of Account Services, and the User shall remove the Application from his/her Device.
The Service Provider may also present changes to the Terms and Conditions to Users with an Account for review and acceptance when logging into the User Account. If the User does not accept the changes to the Terms and Conditions, the Agreements for the provision of Services in the Application shall be terminated (which is equivalent to withdrawal of access to the functionality of the Application) upon the expiration of 14 days from this refusal of acceptance, unless the User has made an acceptance within this period.
In the situation referred to in item. 5 above, the amended provisions of the Terms and Conditions shall apply to the User from the date of their acceptance.