GENERAL PROVISIONS
Mudita sp. z o.o with its registered office in Warsaw (02-607), ul. Jana Czeczota 6, entered into the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, entry no. 0000467620, Tax Identification Number: 5252558282 and Statistical Identification Number: 146767613, the share capital of PLN 600 000,00 (hereinafter referred to as “Mudita”), has implemented the Terms and Conditions.
The Terms and Conditions specify the rules of using the Mudita Center desktop application (hereinafter named as “The App”). To use the App it is required to accept all provisions of the Terms and Conditions. By starting to use any functionality of the App the User agrees to all its Terms and Conditions, thus undertaking to abide by them.
In general, in matters related to the operation of The App, Users may contact Mudita by sending an email to the following e-mail address: hello@mudita.com.
The user's full use of the App and its functionalities requires access to the computer operating on macOS, Windows, or Linux. Detailed requirements are presented in Appendix No. 1.
Capitalized words from Terms and Conditions are defined as follows:
The App / Software - the Mudita Center desktop device application for the macOS, Windows, or Linux operating system.
Mudita - the Mudita sp. z o.o. company, as specified in point 1 above.
Privacy Policy – terms and conditions defining the rules of processing personal data of the User by Mudita Center, available under the address: https://mudita.com/legal/privacy-policy/
Terms and Conditions – the present Terms and Conditions available at: https://mudita.com/legal/terms-conditions/. Terms and Conditions also constitute the terms and conditions for the provision of electronic services, referred to in Article 8(1)(1) of the Polish Act on Electronic Provision of Services of 18 July 2002 (Journal of Laws of 2020, item 344);
Website – the website available at www.mudita.com, owned and administered by Mudita;
User – a natural person using The App and/or services provided through The App.
Device - device which is used to access the App including but not limited to computers.
Intellectual Property Rights - means any and all intellectual property rights existing in any part of the world under applicable law, including without limitation patent law, copyright law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide.
Content - refers to any and all Mudita and third-party editorial content, information, text, images, photos, videos, artwork, illustrations, graphic (art and electronic) images, audio, music, sounds, postings, messages, recommendations, comments, software, files, feedback, bug reports, or other protected materials and authored works of any kind that are utilized in the provision of the Services.
App Distributor - refers to Mudita’s website (https://mudita.com) where the App is made available.
PURPOSE AND USE OF THE APP
The App allows Mudita to expand and update the features of Mudita’s products as Mudita Pure, Bell, Harmony while using a computer (“The Services”).
The App is a source of information about Mudita's products, services offered by Mudita, and its strategy and philosophy.
In order to start using the service, users must first: download and install the app from our website (Mudita)
INTELLECTUAL PROPERTY RIGHTS, LICENSE AND OWNERSHIP
You acknowledge and agree that the Services are made available to you for your own personal and non-commercial purposes only.
You understand that in agreeing to and complying with these Terms and our Privacy Policy, Mudita grants you a non-exclusive, revocable, non-transferable, non-sublicensable, and limited license to view and listen to the Content by You and install a copy of the Mudita App on a Device that you own or control.
Mudita reserves all rights in and to the Services and the Content not expressly granted to you under these Terms.
RESTRICTIONS
In acknowledgment of Mudita’s ownership of and Intellectual Property Rights in the Services and Content, you agree that you will not:
have rights to use the Software and/or Updates for purposes other than those specified in the License contained in the App.
modify, translate, disassemble, decompile, or reproduce the Software in whole or in part (except for cases in which it is expressly permitted by the generally applicable laws or an open-source license covering the source code of the Software).
use the Software on devices whose malfunction or misuse may cause death, injury, major physical harm, or major environmental damage.
Mudita will enforce its Intellectual Property Rights to the fullest extent of the law, including but not limited to bringing civil or criminal legal proceedings.
RESPONSIBILITY
Mudita shall take every effort to ensure the continued operation of The App to the best of its ability. However, Mudita reserves the right to interrupt the operation of The App, in particular in connection with technical work on the Service, or possible breakdowns. You acknowledge this and you shall not file any claims against Mudita in this respect.
Mudita informs that, should the equipment or network used by the User fail to meet the requirements of the Terms and Conditions, as well as other problems or technical limitations arise from the use of such equipment or network, they may limit or prevent the User's access to The App or adversely affect the quality and continuity of providing services by means of The App.
Mudita shall not be responsible for improper operation of The App or provision of services contrary to the Terms of Conditions resulting from reasons beyond Mudita's control (e.g. force majeure or actions of third parties not acting on behalf of or on behalf of Mudita) and from the User's use of The App or services in a manner inconsistent with the Terms and Conditions.
Any breach of these Terms may result in, among other things, immediate termination or suspension of your rights and license to access and use Mudita’s Services and Content, as well as the deactivation of your account, if applicable.
Mudita reserves the right, in our sole discretion, to bring legal proceedings against you and any third party, if applicable, if you breach these Terms and/or you are engaged in the illegal or fraudulent use of the Services or Content.
HEALTH DISCLAIMER
You acknowledge and agree that Mudita’s Services are not intended or designed to prevent, treat or diagnose any condition, illness or disease, nor should Mudita’s Services be considered, in whole or in part, express or implied to contain or constitute medical or psychological advice.
Any advice or other materials contained in the Services are intended for general information purposes only. Mudita makes no guarantees that the Services provide a physical, mental or therapeutic health benefit and does not purport to give medical advice. The Services are not a substitute for professional medical or psychological advice or treatment based on your personal circumstances. You should seek the advice of your medical physician, doctor or other qualified health care provider if you have any concerns that using the Services will detrimentally impact your physical or mental health and well-being. You acknowledge that Mudita has advised you of the necessity of doing so.
Actions or omissions based on this content may also cause damage to the extent that the content may not take into account the specific, individual circumstances of a given case, and therefore are not recommended without consulting a licensed professional who will take such circumstances into account.
CONDITIONS OF USE
If you choose to access or use the Website, App, Services or Content in any jurisdiction, you are responsible for compliance with the applicable local laws relating to the use of or otherwise connected with the Website, App, Services and Content in that jurisdiction. To the extent that the Website, App, Services and Content would infringe the laws of the jurisdiction from which you are accessing them, you are prohibited from accessing or using the same. This provision shall apply notwithstanding any other provision of the Terms.
You agree not to use the Services for any purposes related to scientific research, analysis or evaluation of the Services without the express prior written consent of Mudita.
You are strongly advised not to use the Services while operating heavy machinery, driving, flying or performing any activity or task that, with due regard to the safety of yourself and others, requires your attention and concentration.
COMMUNICATION AND FEEDBACK
The User has the right to provide written feedback (“Feedback”) regarding the functioning of The App.
Feedback should be submitted electronically to the following e-mail address: hello@mudita.com
The Feedback should consist of at least the following information:
User's e-mail address used for downloading the App through the App Distributor
description of the subject matter of the feedback;
a proposal on how to resolve the problem.
If the information and data provided in the Feedback are insufficient, Mudita shall immediately call upon the User to supplement them, and the deadline for Mudita to consider the Feedback shall run from the date of correct supplementation of such data and information by the User.
Mudita shall respond to the User's Feedback and shall contact the User with regard to the Feedback writing to the User's e-mail address used for initially submitting the Feedback to Mudita.
The response to the Feedback is the final outcome of the internal Feedback procedure.
PERSONAL DATA
The application does not collect/process any personal data at the time of its download.
The only data that will be collected is the serial number of the device. This will take place at the time of launching the application/or its update after accepting our rules for the processing of personal data referred to in Privacy Policy (par. 5 point 3 above).
Your data provided to us for the purpose of submitting an opinion or other communication with Mudita, referred to above, will be processed in accordance with our principles of personal data processing, referred to in the Privacy Policy (paragraph 5 point 3 above).
FINAL PROVISIONS
For important reasons (such as, for example, a change in the law or a change in the functionality of the Software or Mudita's activity), Mudita reserves the right to change these Terms and Conditions.
Users will be notified of any changes to the Regulations by e-mail to the e-mail address assigned to the account at forum.mudita.com. The new content of the Terms and Conditions will be available on the website www.mudita.com. In the event of non-acceptance of the content of the new Regulations, the User has the right to terminate the account maintenance agreement at any time by deleting the account or submitting an appropriate statement to Mudita, in any form, on termination of the account maintenance agreement.
The User will be notified by Mudita about the content of the amendment to the Regulations no later than one month before its introduction.
Changes to the content of the Regulations apply to the User if he continues to use the Application after the date of entry into force of the changes to the Regulations.
Changes to the Regulations are not: a change in the contact details of Mudita contained therein or a change in Mudita's data resulting from a change in the legal form of his business.
In matters not covered by these Regulations, the provisions of Polish law shall apply, which, however, does not deprive consumers of the protection granted by the law of the country of their habitual residence, which cannot be excluded under the Regulations, if the provisions in force in such a country are more favorable to the consumer. than the regulations in force in the Republic of Poland.
The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
Appendix 1 – system requirements
OS requirements
Windows
Windows 8 and newer operating systems are supported.
Both x86 and amd64 (x64) binaries are provided for Windows.
MacOS
macOS 10.10 (Yosemite) and newer operating systems are supported.
Only 64-bit binaries are provided for macOS.
Linux
Ubuntu 12.04 and later
Fedora 21
Debian 8
Hardware
Windows
An Intel Pentium 4 processor or later that's SSE2 capable
512 MB of RAM
Mac
An Intel processor that's 64-bit
512 MB of RAM
Linux
An Intel Pentium 4 processor or later that's SSE2 capable