Mudita Center – Terms of Service

Version dated: 14.03.2025

The User should carefully review this document. It includes in particular the terms of use for Mudita Center, licences, Updates, the choice of governing law, and liability rules. However, no provisions of this document affect Consumer protection rights granted under mandatory legal regulations. To learn more about your rights, we recommend contacting a local Consumer protection organization.

DEFINITIONS

For the purposes of the Terms of Service, the following definitions shall apply:

GENERAL PROVISIONS

The Terms of Service specify the rules for using Mudita Center. Acceptance of the Terms of Service is voluntary, but necessary for the User to install and use Mudita Center on their end device. The Terms of Service also apply to any Updates, unless these Updates are governed by another document or agreement, in which case the provisions of that document or agreement will apply.

Minors with limited legal capacity are required to review the Terms of Service with a parent or other legal representative, who must provide valid consent for the minor to use Mudita Center. Mudita has the right to verify that the appropriate consent has been obtained by the User. Minors who do not have full or limited legal capacity are not allowed to use Mudita Center.

No provisions of this document affect Consumer protection rights granted under mandatory legal regulations. To learn more about your rights, we recommend contacting a local consumer protection organization.

In matters related to the operation of the Mudita Center, Users may contact Mudita by sending an email to the following email address: hello@mudita.com or calling the phone number +48 22 3433783

SERVICES / MUDITA CENTER FEATURES

Mudita provides through Mudita Center, electronic services such as providing information about Mudita's products and services, as well as enabling Users to manage Mudita devices, including but not limited to updating them, importing or exporting data and backups.

The scope of available services varies depending on the User's device type and model (e.g. Pure, Harmony, Kompakt). Detailed information on supported devices and available features can be found in Mudita Center or on the Website.

To start using Mudita Center, the User must download the appropriate installation file for their operating system type and version from the Website and complete the installation process. Alternatively.

Installing and use of Mudita Center requires the User to accept the Terms of Service. The agreement for the provision of electronic services via Mudita Center between the User and Mudita is concluded at the moment of the successful installation of Mudita Center on the User’s end device.

INTELLECTUAL PROPERTY / LICENSE

All rights, including exclusive rights, to Mudita Center and its Content – particularly graphic elements, logos, names, source code, and database rights – are legally protected and belong to Mudita.

The User acknowledges that the use of Mudita Center and its Content is strictly for personal use and may not be used commercially. Content also may not be distributed. Any use of Mudita Center for purposes related to scientific research, analysis, or evaluation of Mudita Center is prohibited without the express prior written consent of Mudita.

Mudita grants the User a non-exclusive, personal, non-transferable, and limited license to download and install Mudita Center on the User's end device and to use a single copy of Mudita Center under the terms set forth in Terms of Service.

Among the components of Mudita Center, there may be elements subject to separate open-source software licenses with the User, which specifically include licenses approved by the Open Source Initiative or other similar licenses.

The granting of an Open Source License to the User is independent of the Terms of Service and is based on separate license agreements with the User. The applicable provisions of Open Source Licenses are made available to the User in the Third-Party Licenses document, accessible within Mudita Center. To the extent that specific Open Source Licenses prohibit the usage restrictions indicated in these Terms of Service, the provisions of the Open Source Licenses shall prevail over its provisions. The User acknowledges that Open Source Licenses may be subject to changes in licensing terms independently of Mudita.

For the avoidance of doubt, Mudita reserves all rights not expressly granted to the User under the Terms of Service. Mudita Center is protected under applicable law, particularly copyright law, intellectual property law, and international treaties, including but not limited to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This license is subject to the limitations set forth in the Terms of Service.

The transfer of the license granted under the Terms of Service to third parties by the User is only possible if the ownership of the User’s end device, along with the installed Mudita Center, is transferred. Before starting to use Mudita Center, the acquiring User must accept the Terms of Service in the same manner as the transferring User.

UPDATES

Mudita may allow the User to download and install Updates. Mudita will notify (within Mudita Center and Website) the User of any available Updates, including those related to security, which are necessary to ensure that Mudita Center remains in compliance with the Terms of Service. The User acknowledges that some Updates, particularly those concerning security and resolving security issues reported to Mudita, are crucial for the proper functioning of Mudita Center.

If the User does not install the provided Updates, including those related to security, necessary to maintain Mudita Center's compliance with the Terms of Service and services provided through it, Mudita will not be responsible for any lack of compliance with Mudita Center and the services provided, resulting solely from the failure to install such Updates, provided that:

The User has been informed about the need for an update and the consequences of not installing it;

The failure to install or improper installation of the Update was not due to errors in the provided installation instructions.

All components of the Updates are subject to the Terms of Service, unless additional provisions are included through the Update. In the case of an Update requiring a change to the Terms of Service, the provisions of section 12 shall apply until the modified version of the Terms of Service comes into effect. The User cannot install the Update without prior acceptance of the Terms of Service if such updates have been introduced.

HEALTH DISCLAIMER

The User acknowledge and agree that Mudita Center and the services provided through it are not intended or designed to prevent, treat or diagnose any condition, illness or disease, nor Mudita Center and the services provided through it should 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 Mudita Center and the services provided through it are intended for general information purposes only. Mudita makes no guarantees that the Mudita Center and the services provided through it provide a physical, mental or therapeutic health benefit and does not purport to give medical advice. The Mudita Center and the services provided through it are not a substitute for professional medical or psychological advice or treatment based on your personal circumstances. The User should seek the advice of your medical physician, doctor or other qualified health care provider if you have any concerns that using the Mudita Center and the services provided through it will detrimentally impact their 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.

USER OBLIGATIONS

The User may not (except for cases in which it is expressly permitted by the generally applicable laws, by Mudita, or an open-source license covering the source code of Mudita Center):

copy, publish, adapt, reproduce, decompile, disassemble, or attempt in any way to determine the source code or any other element of Mudita Center;

modify, disable, or bypass any features of Mudita Center, any security mechanisms, or create derivative works based on Mudita Center;

share, distribute, lease, rent, sublicense, or sell Mudita Center;

allow or enable other persons to perform any of the above actions – this also applies to any elements of Mudita Center.

The User is particularly obligated to:

use Mudita Center in a manner that does not disrupt Mudita's operations or the functioning of Mudita Center, in compliance with applicable law, the provisions of the Terms of Service, as well as accepted customs and principles of social coexistence;

not provide or transmit any content through Mudita Center that is prohibited by applicable law, especially content that infringes third-party copyrights or personal rights;

not engage in IT activities or any other actions aimed at obtaining information not intended for the User or interfering with the rules or technical aspects of Mudita Center’s functioning;

not modify Content provided by Mudita through Mudita Center in an unauthorized manner;

provide only true, up-to-date, and necessary User data within Mudita Center, and promptly update such data, including personal data, provided to Mudita in connection with the conclusion of the agreement (if applicable).

The User are strongly advised not to use Mudita Center and the services provided through it 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.

LIABILITY

None of the provisions of this section are intended to limit or exclude any mandatory rights granted to Users, particularly those who are Consumers, and any potential doubts shall be resolved in favor of the User. If any exclusions or limitations are found to be inadmissible, they shall be deemed reserved to the maximum extent permissible under applicable law.

The entire Mudita Center is provided to the User "AS IS" and "AS AVAILABLE". In particular, to the fullest extent permitted by applicable law, Mudita does not provide any express or implied warranties for Mudita Center, nor shall the provision of any information or guidance regarding the use of Mudita Center be considered as such a warranty.

Mudita's liability towards Users who are not Consumers for warranty claims in connection with the performance of the Terms of Service is excluded. Furthermore, to the fullest extent permitted by applicable law, Mudita excludes its liability towards the User for any damages, including lost profits or failure to fulfill its obligations due to force majeure, resulting from the Terms of Service.

The User acknowledges that the use of Mudita Center is at their own risk and responsibility. Mudita’s liability for damages, whether directly or indirectly arising from the use or inability to use Mudita Center, including but not limited to personal injury, data loss, lost profits, costs of substitute equipment or software, is excluded to the fullest extent permitted by applicable law.

Notwithstanding the above, to the fullest extent permitted by applicable law, Mudita’s liability for damages arising directly or indirectly from the use or inability to use the Mudita Center, regardless of the legal basis, shall not exceed 50€.

TERMINATION OF THE TERMS OF SERVICE

This agreement (Terms of Service) is concluded for an indefinite period, having regard to the provisions of this section 9.

The User may terminate the Terms of Service with immediate effect at any time by ceasing to use Mudita Center and uninstalling it from the end device.

The Terms of Service may also be terminated as a result of the sale of the User's end device on which Mudita Center is installed. In such a case, the moment of termination of the Terms of Service is considered to be the moment when the purchaser of such a device accepts the Terms of Service.

Mudita may terminate the Terms of Service with immediate effect if the User has violated the Terms of Service or any other provisions binding the User and Mudita regarding Mudita Center. In the event of termination of the Terms of Service by Mudita, the User must immediately and completely cease using Mudita Center and uninstall it from their end device.

Mudita is entitled to decide on the complete discontinuation of Mudita Center (cessation of operations related to providing access to Mudita Center). In such a case, the User will be informed of the decision at least 6 months before the planned discontinuation date (notice period) via a notification displayed within Mudita Center, or an email sent to the User's email address, and on the Website. After the expiration of the notice period, the agreements regarding Mudita Center concluded between the User and the Provider will be terminated.

Mudita may terminate the Terms of Service in the event of the circumstances specified in pt. 12.1, with a 14-day notice period. A termination notice on this basis will be provided to the User within Mudita Center or via an email sent to Users. In that case, depending on the circumstances User may need to discontinue the use of Mudita Center and uninstall it from the User’s end device

All provisions contained in the Terms of Service that should remain in force due to their nature shall continue to be valid and binding, regardless of the method of termination of the Terms of Service.

COMPLAINTS

Complaints regarding issues related to Mudita Center and the services provided through it, as covered by the Terms of Service, may be submitted in particular via email to hello@mudita.com or by mail to the following address: ul. Jana Czeczota 6, 02-607 Warsaw, Poland.

To expedite the complaint resolution process, the complaint should include, in particular:

information on the current Mudita Center version;

the technical specifications of the device on which Mudita Center is installed,

the model of the device managed via Mudita Center (if applicable);

contact details (including, if applicable the User's e-mail address used for downloading Mudita Center);

a description of the issue.

Complaints will be processed within 14 days from the date of receipt by Mudita. If Mudita is unable to process the complaint due to missing necessary information, the User will be informed about the missing details. The response to the complaint will be sent to the email address provided in the complaint unless the User requests to receive the response via traditional mail to the specified address.

In the event of any non-compliance of Mudita Center, including the services provided through it, with the agreement, the User is obliged to cooperate with Mudita to a reasonable extent in order to determine – using the least burdensome technical means for the User –whether the non-compliance of Mudita Center, including the services provided through it, results from the characteristics of the User's digital environment.

DISPUTE RESOLUTION

In the event of any disputes arising directly or indirectly from the Terms of Service, they may first be resolved amicably, including through Mudita’s complaint procedure, if applicable. For Consumers, additional methods specified below may also be available.

The use of out-of-court methods for handling complaints and pursuing claims is voluntary. The following provisions are for informational purposes only and do not constitute an obligation for Mudita to participate in out-of-court dispute resolution procedures. Mudita’s statement regarding consent or refusal to participate in a consumer dispute resolution procedure will be provided in writing or on another durable medium if a dispute remains unresolved following a Consumer’s complaint.

The rules governing out-of-court consumer dispute resolution procedures and the obligations of businesses in this regard are separately defined in applicable laws. Detailed information on the Consumer’s ability to use out-of-court complaint handling and dispute resolution methods, as well as access to such procedures, may be available at the offices and on the websites of relevant consumer protection authorities.

A Consumer who is a permanent resident of the EU, Norway, Iceland, or Liechtenstein may submit a complaint via the online ODR platform: https://ec.europa.eu/consumers/odr/ (the ability to submit complaints will expire on 20 March 2025, and the ODR platform will be discontinued on 20 July 2025).

Any disputes arising from the Terms of Service shall be subject to the jurisdiction of the national courts of Poland or the EU Member State where the user resides, unless mandatory provisions of law state otherwise.

AMENDMENTS

Terms of Service may be amended by Mudita if at least one of the following important reasons occurs:

a change in legal regulations governing functioning of Mudita Center and the provision of services through it, as covered by Terms of Service, affecting the mutual rights and obligations of the User and Mudita, or a change in the interpretation of these legal regulations as a result of court rulings, decisions, recommendations, or guidelines issued by the relevant authorities;

a change in the method of functioning of Mudita Center and the provision of services through it, as covered by Terms of Service due to technical or technological reasons;

a modification of the scope or method of functioning of Mudita Center and the provision of services through it, as covered by Terms of Service, particularly through the introduction of new functionalities, modification, or withdrawal of existing functionalities or services by Mudita;

a modification of the scope or method of service provision by entities cooperating with Mudita, involving the introduction of new functionalities, modification, or withdrawal of existing functionalities or services by these entities, impacting the mutual rights and obligations between the User and Mudita.

Amendments to the Terms of Service shall take effect after a 14-day notice period granted to the User, unless the User actively accepts the amended Terms of Service earlier, or a shorter period is required by mandatory legal regulations or decisions of competent authorities or courts.

The active acceptance of the amended Terms of Service, as well as the continued use of Mudita Center, after the amended Terms of Service comes into effect, shall constitute acceptance of the introduced changes. If the User does not wish to accept the modified Terms of Service, depending on the circumstances they may need to discontinue the use of Mudita Center and uninstall it from the User’s end device.

Mudita reserves the right to make changes to the operation of Mudita Center, including the services provided through it, that are not necessary to maintain compliance with the agreement and do not lead to its modification (pt. 12.1.), when such changes result from:

improvement or modification of existing functionalities, enhancement of Mudita Center’s performance, including the services provided through it, in particular through changes to the layout, design, modification of content, and the removal of selected elements;

editorial changes necessary to correct or eliminate errors;

security improvements that do not impact compliance with the agreement, including, in particular, patching exploits and bugs.

Mudita will inform Users of the changes referred to in section 12 within Mudita Center or via an email sent to Users, as well as on the Website.

APPLICABLE LAW / LANGUAGE VERSIONS

Terms of Service are governed by Polish law and shall be interpreted in accordance with it, regardless of any applicable conflict-of-laws rules, except in cases where mandatory provisions of the User's jurisdiction provide otherwise.

The parties expressly exclude the application of the provisions of the Convention on Contracts for the International Sale of Goods to these Terms of Service.

The translation has been made in accordance with national requirements, and in the event of any discrepancies between the English version and the translated version, the English version shall prevail, to the extent that such is not prohibited by mandatory legal provisions in the User's jurisdiction.

FINAL PROVISIONS

Terms of Service constitute the entire agreement between the User and Mudita regarding Mudita Center, unless expressly stated otherwise in the Terms of Service.

If any provision of these Terms of Service is found to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions.

Using Mudita Center may involve the processing of the User's personal data. Detailed information on personal data processing can be found in the Privacy Policy.

Mudita Center may contain links to websites or other resources of third-party entities. Mudita is not responsible for the content on such websites or resources, nor for any actions taken by the User in connection with the use of services, goods, or content available on such third-party websites.

Services provided through Mudita Center are electronic services and, as such, involve typical risks associated with data transmission over the Internet, such as the disclosure of User data, unauthorized access, or data loss. Both parties are obligated to take measures to minimize these risks – Mudita, in particular, by implementing appropriate technical and organizational safeguards, and the User by exercising due care, maintaining data confidentiality, and not sharing it with unauthorized persons.