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Terms & Conditions of Mudita Launcher Application

GENERAL PROVISIONS

  1. The Terms and Conditions have been implemented by 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: 525252558282 and Statistical Identification Number: 14676767613, the share capital of PLN 21,100.00 (hereinafter referred to as Mudita).

  2. The Terms and Conditions specify the rules of using the Mudita “Launcher” mobile 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.

  3. 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.

  4. Full use of the App and its functionalities by the User requires access to the Internet and a device operating on the Android (Android 8.0 or later) mobile operating system, therefore capable of accessing the “Google Play” distribution platform by Google LLC.

  5. Capitalized words from Terms and Conditions are defined as follows:

    1. The App - The Mudita Launcher mobile device application for the Android mobile operating system.  

    2. Mudita - The  Mudita sp. z o.o. company, as specified in point 1.1. 

    3. Privacy Policy – terms and conditions defining the rules of processing personal data of the User by Mudita Launcher, available under the address: www.mudita.com/legal/privacy-policy/

    4. Terms and Conditions – the present Terms and Conditions available at: www.mudita.com/legal/terms/eng. 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 2019, item 123);

    5. Website –  The website available at www.mudita.com, owned and administered by Mudita;

    6. User – a natural person using The App and/or services provided through The App.

    7. Device - device which is used to access the App including but not limited to smartphones, computers, tablets, headphones.

    8. 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, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide.

    9. 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.

    10. App distributor - App Distributor refers to an app store or distribution platform (for example, Apple’s App Store, Google Play) where the App is made available.

PURPOSE AND USE OF THE APP

  1. The App provides users with introductory information about Mudita and provides services consisting of organizing the applications and setting notification levels of the apps already installed on the User's Android device (“The Services”).

  2. The App is a source of information about Mudita's products, services offered by Mudita, and its strategy and philosophy.

  3. In order to start using the service, users must first:

    1. Receive an invitation to participate in the closed tests of the App

    2. Posses access to an appropriate Device and fulfill criteria stated in par. 1.4. 

    4. Personal data of the User obtained by Mudita through The App shall be processed for the purposes and in accordance with the Privacy Policy.

Intellectual Property Rights, License and Ownership

  1. You acknowledge and agree that the Services are made available to you for your own personal and non-commercial purposes only. 

  2. 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 licence 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. 

  3. 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:

  1. Copy, store, archive, reproduce, transmit, modify, alter, reverse-engineer, translate, adapt, emulate, decompile, disassemble, or attempt to derive the source code of the Services or Content in any way, or create derivative works based on the Services or the Content, in whole or in part, of any nature whatsoever;

  2. Rent, lease, loan, publish, broadcast, circulate, make available to the public, exploit, sell or distribute the Services or Content in whole or in part;

  3. Tamper with or manipulate in any way the Services, or circumvent any technology used by Mudita to protect any Content accessible through the Services;

  4. Circumvent any territorial restrictions applied to the Services and Content;

  5. Use any data mining, data gathering or data extraction methods;

  6. Interfere with, disrupt or create an undue burden on the Services of the networks connected to the Services;

  7. Use the Services in a way that violates these Terms; or

  8. Assist or permit any third-party to contravene any of the aforementioned prohibited act

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

  1. Mudita shall take every effort to ensure the continued operation of The App to the best of their 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.

  2. 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.

  3. 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.

  4. Mudita reserves the right at any time to change, modify or discontinue the Services and Content, in whole or in part, with or without notice to you. You acknowledge this and you shall not file any claims against Mudita in this respect.

  5. Certain functions of our Services require your Device to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider.

  6. If you are accessing or using the Services outside of an area with Wi-Fi, you should remember that your agreed terms with your mobile network provider will apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing or using the Services, or other third-party charges. In accessing or using the Services, you acknowledge and accept responsibility for any such charges, including roaming data charges if you access or use the Services outside of your designated home region, territory or country without turning off data roaming. If you are not the bill payer for the Device on which you are accessing or using the Services you must receive advance permission from the bill payer before incurring any charges in your access or use of the Services.

  7. 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.

  8. 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

  1. 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. 

  2. 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. 

  3. 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

  1. If you choose to access or use the Site, 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 Site, App, Services and Content in that jurisdiction. To the extent that the Site, 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.

  2. 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.

  3. 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

  1. The User has the right to provide written feedback (“Feedback”) regarding the functioning of The App.

  2.  Feedback should be submitted electronically to the following e-mail address: hello@mudita.com

  3. The Feedback should consist of at least the following information:

    1. User's e-mail address used for downloading the App through the App Distributor

    2. description of the subject matter of the feedback;

    3. a proposal on how to resolve the problem.

  4. Valid Feedbacks shall be considered by Mudita within 30 (thirty) days from the date of their receipt. 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.

  5. 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. 

  6. The response to the Feedback is the final outcome of the internal Feedback procedure.

FINAL PROVISIONS

  1. To the extent not regulated by these Terms and Conditions provisions of the Polish law shall apply, however, as far as consumers are concerned, this does not deprive them of the protection granted by the law of the country of their habitual residence, which cannot be excluded under the contract, if the provisions in force in such a country are more favorable to the consumer than the provisions in force in the Republic of Poland.

  2. For important reasons (such as e.g. a change in the law or a change in the functionality of The App or Mudita activity) Mudita is entitled to amend the content of the Terms and Conditions at any time. Information about the change and the amended content of the Terms and Conditions shall be published within the App i.e. it will be displayed automatically after turning on the App at least 7 days before the changes of Terms and Conditions come into effect. The new content of the Regulations will be available each time in the appropriate tab of The App and on the Website www.mudita.com/legal/terms/eng. If you do not uninstall the App, even though you have received notice of an amendment to these Terms and Conditions, you are deemed to accept the amended content of the Terms and Conditions.