TERMS OF USE AND END USER LICENSE AGREEMENT
1. WHO WE ARE AND WHAT THIS AGREEMENT COVERS
This End User License Agreement (the “Agreement”) is a legally binding contract between you, the end user (“you” or “your”), and Valery Sihai, an independent mobile application developer established in Warsaw, Poland, European Union (the “Licensor”, “we”, “us” or “our”).
Contact details
- Valery Sihai, independent app developer
- Rajska 2/18, 02-654 Warszawa, Poland
- Email: deep.value4u@gmail.com
This Agreement governs your use of every mobile application, together with its content, features, updates and related services, published by the Licensor through the Apple App Store or other authorised distribution platforms (each an “Application” and together the “Applications” or the “Services”). It applies to every application published under our developer name, including applications released after the date of this Agreement, and to every localised version of an application, whatever name that application carries in your country’s App Store.
This document is also our Terms of Use. Where an Application, the App Store listing for an Application, or any material published by us links to “Terms”, “Terms of Use”, “Terms and Conditions” or “License Agreement”, that link refers to this document.
How to read this Agreement
Our applications do different things, and therefore carry different terms. Not every section of this Agreement applies to every application.
Most of this Agreement applies to all of our applications. Four sections describe terms that exist only where an application actually offers the relevant feature. Each of those sections opens with a note headed “When this section applies”. If the application you are using does not offer the feature described there, that section does not apply to you.
| Section | Applies only where an application | What it covers |
|---|---|---|
| Section 6.2 | controls televisions, streaming devices or other hardware on your local network | Compatibility, permitted use of the control features, and the absence of any affiliation with device manufacturers |
| Section 6.3 | offers reviewing, organising or deleting photos and videos | On-device processing and your responsibility for deletions |
| Section 6.4 | displays advertising | The role of third-party advertising networks |
| Section 7 | offers subscriptions or in-app purchases | Billing, automatic renewal, free trials, cancellation and refunds |
Each Application is licensed to you separately. This Agreement forms a separate contract between you and the Licensor in respect of each Application you install. The terms of that contract are only those provisions of this Agreement that apply to that Application. Provisions describing features that a particular Application does not offer form no part of your contract in respect of that Application, are not incorporated into it, and create no rights or obligations for either party in relation to it.
Installing or using one of our Applications does not make you a party to the terms governing any other Application, and does not grant you any licence in respect of it.
Where an application is subject to terms that are not described in this Agreement, we publish an App-Specific Supplement within that application and at the licence agreement address listed for it in the App Store. In the event of a conflict, the Supplement prevails over this Agreement for that application.
How we handle personal data is described in our Privacy Policy, which is published at the privacy policy address listed for each Application on the App Store.
2. ACCEPTANCE OF THIS AGREEMENT
By downloading, installing, updating, accessing or otherwise using an Application, you confirm that you have read and understood this Agreement and agree to be bound by it.
If you do not agree to this Agreement, or you do not have the legal capacity to enter into it, you must not use the Application and must delete all copies of it from your devices.
You represent that you have the legal capacity to enter into this Agreement and, where you act on behalf of an organisation, that you are authorised to bind that organisation.
This Agreement takes effect when you first download or use an Application and remains in effect until terminated in accordance with Section 18.
3. APPLE IS NOT A PARTY TO THIS AGREEMENT
This Agreement is concluded between you and the Licensor only, and not with Apple Inc. or Apple Distribution International Ltd. (together, “Apple”). The Licensor, and not Apple, is solely responsible for the Applications and their content.
Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the Applications, and no responsibility for any claim relating to them.
This Agreement does not provide usage rules for the Applications that are less restrictive than, or otherwise in conflict with, the Usage Rules set out in the Apple Media Services Terms and Conditions applicable to the App Store (https://www.apple.com/legal/internet-services/itunes/). Where a conflict arises, those Usage Rules prevail to the extent of the conflict.
Where you download an Application or make a purchase within it, Apple acts as the seller or as our agent for that transaction, depending on your country. Your purchase relationship — including billing, taxation and refunds — is governed by the Apple Media Services Terms and Conditions, and not by this Agreement.
4. GRANT OF LICENCE
Subject to your compliance with this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to download, install and use the Application for your own personal, non-commercial purposes.
The licence is limited to use on any Apple-branded product that you own or control, and as permitted by the Usage Rules. Where those Usage Rules allow, the Application may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
This licence is not a sale. The Licensor and its licensors retain all right, title and interest in and to the Applications, including source code, interface design, trademarks and content. All rights not expressly granted to you are reserved.
The licence extends to updates, upgrades and modifications released by the Licensor, unless a particular release is supplied under a separate agreement.
You may make backup copies of the Application only to the extent permitted by applicable law and by the Usage Rules. Such copies may not be distributed, altered or made available to others.
5. RESTRICTIONS ON USE
You may not:
- Rent, lease, lend, sell, sublicense, distribute or otherwise transfer the Application, or make it available over a network where it could be used by several devices at the same time;
- Copy, modify, adapt, translate or create derivative works of the Application, except to the extent that such restriction is prohibited by mandatory law;
- Reverse engineer, decompile or disassemble the Application, or otherwise attempt to derive its source code, except to the extent expressly permitted by mandatory law, including Article 6 of Directive 2009/24/EC and Article 75 of the Polish Act on Copyright and Related Rights of 4 February 1994;
- Remove, obscure or alter any proprietary notice, or circumvent, disable or interfere with any security, licensing or access-control mechanism;
- Use automated systems, scrapers, crawlers or data-mining tools to extract information from the Application or its supporting infrastructure;
- Use the Application, or any part of it, to develop, train or improve a competing product or service;
- Use the Application in a manner that is unlawful, deceptive or infringing, or that interferes with the operation of the Application, our infrastructure, or any connected device or network;
- Use the Application for commercial or institutional purposes, share your access to it with others otherwise than as expressly permitted by Section 4, or install it on devices you do not own or control;
- Use the Application where doing so is prohibited by applicable sanctions or export control law.
Any breach of this Section is a material breach of this Agreement and may result in immediate termination under Section 18, without prejudice to any other remedy available to us.
6. THE APPLICATIONS
6.1 General
Our Applications are consumer software supplied for general use. They are not designed, tested or certified for use in any environment where failure could lead to death, personal injury, or environmental or physical damage, and must not be used in any such environment.
Our Applications are not developed to satisfy industry-specific regulatory frameworks, including the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), the Gramm-Leach-Bliley Act (GLBA) or comparable legislation. You must not use an Application in any context that would subject it, or us, to those frameworks.
Changes to an Application. We may change, add to, suspend or remove features of an Application. Where a change is not necessary to keep the Application in conformity with the contract, we make it only for one or more of the following reasons, and at no additional cost to you:
- to correct errors, close security vulnerabilities, or improve the stability, security or performance of the Application;
- to adapt the Application to a new version of iOS, to new Apple devices, or to changes in the hardware, firmware, protocols, platforms or interfaces of third parties on which a feature depends;
- to comply with a change in applicable law, in Apple’s rules or guidelines, or in the terms or technical requirements of a third-party provider;
- to withdraw a feature that depends on a third-party service that has been discontinued, restricted or made subject to terms we cannot accept, or that has become technically or economically unsustainable for us to maintain;
- to add, refine or reorganise features in response to user feedback or measured usage, provided this does not remove functionality you have paid for.
Where such a change negatively and more than insignificantly affects your access to or use of an Application for which you have paid, Section 19 sets out the notice you will receive and your right to terminate.
6.2 Applications that control devices on your local network
When this section applies. This section applies only where an application offers control of televisions, streaming devices, smart home devices or other compatible hardware on your local network. Applications without such features do not request local network access, and none of the terms below apply to them.
Such an application requires local network access permission on your device and communicates directly with compatible devices on your network. Because this depends on hardware, firmware and network conditions outside our control, we do not warrant that any particular device, model or firmware version will be discoverable, compatible or controllable, or that compatibility once achieved will survive a manufacturer’s update.
You may use these features only in relation to devices that you own or are otherwise authorised to control, and only on networks you are permitted to use. You are responsible for any action taken on a connected device through the Application.
We are not affiliated with, endorsed by, sponsored by or otherwise connected to any television, streaming device or smart home manufacturer. All product names, trademarks and brand names referred to within an Application are the property of their respective owners and are used solely to identify compatible hardware. The Applications are not official products of any manufacturer and are not a substitute for a manufacturer’s own application or physical remote control.
6.3 Applications that manage your photo library
When this section applies. This section applies only where an application offers features for reviewing, organising or deleting photos and videos stored on your device. Applications without such features never request access to your photo library.
We operate no server on which photos or videos are stored and we hold no copy of yours. How an Application accesses and processes your photo library is described in our Privacy Policy. The consequence under this Agreement is set out below.
Deletion is initiated by you and is permanent. Where you instruct the Application to delete photos or videos, deletion is carried out by iOS through the system photo library, on the timing and conditions set by iOS and by your device settings, as described in our Privacy Policy. We cannot recover deleted items and we are not liable for content you choose to delete.
You are responsible for reviewing your selection before confirming a deletion, and for maintaining an independent backup of any content you value, for example through iCloud Photos or another backup service. Automated detection of duplicates, similar images, screenshots or low-quality images is provided as an aid to your judgement, may be inaccurate, and does not replace your own review. The decision to delete is always yours.
Image enhancement. Where, and only where, an Application offers automated enhancement of photographs, the enhancement is produced by software and creates a new, modified copy of the image. It does not recover detail that was never captured, results vary between images, and no particular outcome is warranted. The enhanced copy is yours and we claim no rights in it. You should keep the original image until you are satisfied with the result.
6.4 Applications that display advertising
When this section applies. This section applies only where an application displays advertising. Applications that do not display advertising do not integrate advertising software.
Where an Application displays advertising, that advertising is supplied by third-party advertising networks. We do not control, endorse or accept responsibility for the content of advertisements, or for the products, services or websites they promote. Section 12 applies to any dealings you have with an advertiser.
Your choices in respect of advertising identifiers and tracking are described in our Privacy Policy. Where an Application offers a paid option that removes advertising, that option is subject to Section 7.
7. SUBSCRIPTIONS, IN-APP PURCHASES AND FREE TRIALS
When this section applies. This section applies only where an application offers a subscription or an in-app purchase. Applications supplied entirely free of charge are not subject to it.
7.1 Purchases are made through Apple
All payments for subscriptions and in-app purchases are processed by Apple through your App Store account. We do not process payments and never receive your payment card details. The applicable price, currency, billing period and any taxes are those disclosed to you at the point of purchase.
7.2 Automatic renewal
Subscriptions renew automatically for successive periods of the same length unless cancelled. Your App Store account is charged for renewal within 24 hours before the end of the current period, at the price and for the period disclosed at the point of purchase, unless you cancel at least 24 hours before the end of that period.
7.3 Cancellation
You may cancel at any time in Settings › [your name] › Subscriptions on your device, or through your App Store account. Cancellation takes effect at the end of the current billing period, and you retain access until then. Deleting the Application does not cancel a subscription.
7.4 Free trials and introductory offers
Where a free trial or introductory offer is provided, its duration and the price payable afterwards are disclosed before you purchase. Unless you cancel at least 24 hours before the trial ends, the subscription converts automatically to a paid subscription. If you cancel during a trial, you may lose the remaining trial period. Unless stated otherwise, a trial or introductory offer is limited to one per user or Family Sharing group.
7.5 Price changes
Where the price of an existing subscription changes, Apple will notify you and, where required, obtain your consent before the new price takes effect. If you do not accept the new price, you may cancel before your next renewal date.
7.6 Refunds and the right of withdrawal
Refunds for App Store purchases are handled by Apple and not by us. Requests are made at https://reportaproblem.apple.com. We have no ability to issue, block or reverse an App Store refund.
If you are a consumer in the European Economic Area, you generally have 14 days to withdraw from a distance contract. For digital content and digital services supplied immediately, that right is lost once supply has begun with your express prior consent and your acknowledgement that you thereby lose it, in accordance with Article 16(1)(m) of Directive 2011/83/EU and Article 38(1)(13) of the Polish Act on Consumer Rights of 30 May 2014. This does not affect your rights where the content or service is not in conformity with the contract, which are described in Section 14.
7.7 Entitlements
Your entitlement is linked to the Apple ID used for the purchase and may be restored on your devices using the “Restore purchases” function. We are not obliged to transfer an entitlement between Apple IDs, platforms or accounts.
8. ELIGIBILITY AND ACCEPTABLE USE
Use of the Applications is limited to individuals who are at least 13 years old. If you are a minor under the law of your country, you may use an Application only with the involvement and consent of a parent or legal guardian, who accepts this Agreement on your behalf and is responsible for your use of it.
Where a feature depends on your consent to the processing of personal data, a separate statutory age threshold applies and that consent is requested separately from your acceptance of this Agreement. Our Privacy Policy sets out the applicable thresholds.
Our Applications are intended for a general audience and are not directed to children.
You are responsible for all costs associated with your use of an Application, including mobile data, roaming and internet access charges. Please consult your network operator for applicable rates.
9. UPDATES, COMPATIBILITY AND SYSTEM REQUIREMENTS
Performance depends on your device, your operating system version and your hardware. While we aim to maintain compatibility with supported Apple hardware and software, we do not warrant that an Application will function on every device, in every configuration, or with every future version of an operating system.
It is your responsibility to ensure that your device meets the minimum requirements published on the App Store product page. We do not warrant operation on jailbroken, modified, unsupported or end-of-life devices, and we accept no liability for issues arising from such use.
We may change the minimum requirements for an Application and are under no obligation to provide backward compatibility. Where such a change would deprive you of a paid feature on your existing device, Section 19 applies.
Updates may be delivered automatically through the App Store in accordance with your device settings. Some updates are necessary to keep an Application in conformity with the contract. Where we have informed you of such an update and of the consequences of not installing it, we are not liable for a lack of conformity resulting solely from your failure to install it.
10. MAINTENANCE AND SUPPORT
The Licensor is solely responsible for providing maintenance and support for the Applications. You may contact us at deep.value4u@gmail.com or at the support address shown on the App Store product page.
We aim to respond to support enquiries within a reasonable time. Unless separately agreed in writing, no specific response time, availability level or service level is guaranteed.
Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Applications.
11. PRIVACY
Our processing of personal data is described in our Privacy Policy, which is published at the privacy policy address listed for each Application on the App Store and is available from us on request. Please read it before using an Application.
The Privacy Policy is an information notice under Articles 13 and 14 GDPR, and not a contractual term. Where processing requires your consent, that consent is requested separately within the Application and may be withdrawn at any time.
Where an Application requests permission to access a device capability, you may grant or refuse it and may change your decision later; our Privacy Policy explains how. Under this Agreement, refusing or withdrawing a permission may prevent the relevant features from working, but does not cancel your subscription and does not affect your rights.
Nothing in this Agreement constitutes your consent to the processing of personal data. Acceptance of this Agreement is not conditional on any such consent, and no consent is bundled into it.
12. THIRD-PARTY SERVICES, CONTENT AND TERMS
An Application may link to, interoperate with, or display content, websites or services operated by third parties. We do not control these and we do not endorse, monitor or accept responsibility for their availability, accuracy, legality or content. Your use of them is at your own risk and is governed by their own terms and privacy policies.
You must comply with any applicable third-party terms of agreement when using an Application. These include, for example, the terms applicable to your Apple ID and App Store account, the terms of your mobile network operator, and the terms of any device, platform or service with which an Application interoperates.
Any transaction between you and a third party, including any advertiser, is solely between you and that third party. We are not a party to it and accept no liability arising from it.
13. INTELLECTUAL PROPERTY
All intellectual property rights in and to the Applications and the Services — including copyright, trademarks, trade names, database rights, design rights, patents and trade secrets — are and remain the exclusive property of the Licensor and its licensors. Nothing in this Agreement transfers ownership of any of those rights to you.
You may not use our names, logos or trademarks without our prior written consent, except as permitted by mandatory law.
In the event of any third-party claim that an Application, or your possession and use of it, infringes that third party’s intellectual property rights, the Licensor, and not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
If you believe that content within an Application infringes your intellectual property rights, please contact us at deep.value4u@gmail.com with sufficient detail to identify the right and the alleged infringement, and we will investigate.
14. CONFORMITY, WARRANTIES AND YOUR STATUTORY RIGHTS
14.1 Consumers in the EEA and the United Kingdom
If you are a consumer, you have statutory rights that this Agreement does not limit or exclude. We are obliged to supply digital content and digital services that are in conformity with the contract, in accordance with Directive (EU) 2019/770 as implemented in Poland by Chapter 5b of the Act on Consumer Rights of 30 May 2014 and, in the United Kingdom, in accordance with the Consumer Rights Act 2015.
Where digital content or a digital service is not in conformity, you may require us to bring it into conformity free of charge and within a reasonable time. Where we fail to do so, or where the lack of conformity is material, you may be entitled to a proportionate price reduction or to terminate the contract and receive a refund, on the conditions set out in the applicable legislation. Where content is supplied as a single act of supply, our liability covers a lack of conformity that exists at the time of supply and becomes apparent within two years; where content is supplied continuously, it covers the whole period of supply.
To make a claim, contact us at deep.value4u@gmail.com, describing the problem, the Application and version affected, and your device and operating system version. We will acknowledge your claim and respond to it without undue delay. Where the purchase was made through the App Store, you may alternatively request a refund from Apple as described in Section 7.6.
14.2 Limited warranty and disclaimer
We warrant that, at the time of download, the Application is free from viruses, malware and other malicious code known to us, and that it will perform in substantial accordance with the description published on its App Store product page when used on a supported device under normal conditions.
This warranty does not apply where a defect is caused by modification of the Application, installation from an unauthorised source, use with incompatible hardware or software, jailbreaking, or use contrary to this Agreement or to the published system requirements.
Except as set out in Section 14.1 and in this Section 14.2, and to the maximum extent permitted by applicable law, the Applications are provided “as is” and “as available”, and we disclaim all other warranties, express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that an Application will be uninterrupted or error-free, or that all defects will be corrected.
14.3 Apple’s warranty obligation
In the event of any failure of an Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are the sole responsibility of the Licensor.
14.4 Business users
If you use an Application otherwise than as a consumer, Section 14.1 does not apply to you; any claim relating to a defect must be notified to us within twelve (12) months of the Application being made available to you; and the disclaimers in Section 14.2 and the limitations in Section 15 apply to the fullest extent permitted by law.
This Section and Section 20.4 apply to any person who is in fact not a consumer, whether or not that person’s use of an Application is permitted under Sections 4 and 5. Nothing in either Section authorises use that this Agreement prohibits, or waives our right to terminate under Section 18.
15. LIMITATION OF LIABILITY
Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, for damage caused intentionally or by gross negligence, for fraud or fraudulent misrepresentation, under mandatory product liability legislation, or for any other liability that cannot lawfully be excluded or limited. If you are a consumer, nothing in this Agreement excludes or limits your statutory rights, including those described in Section 14.1.
Subject to the paragraph above, we are not liable for indirect, incidental, special or consequential loss, for loss of profit, revenue, business, goodwill or anticipated savings, or for loss of or damage to data, however caused.
Subject to the first paragraph of this Section, our total aggregate liability arising out of or in connection with this Agreement and the Applications is limited to the greater of (a) the total amount you paid for the Application concerned in the twelve (12) months preceding the event giving rise to the liability, and (b) EUR 50.
We are not liable for loss or damage that was not reasonably foreseeable, for loss or damage caused by your failure to comply with this Agreement or with the published system requirements, for the acts or omissions of third parties (including device manufacturers, network operators, platform providers and advertisers), or for content you choose to delete using an Application, as described in Section 6.3.
You are responsible for maintaining backups of your data and content. We do not provide a backup service and cannot recover data that is lost, deleted or corrupted.
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including platform outages, changes imposed by Apple or by device manufacturers, network failures and acts of public authorities.
16. PRODUCT CLAIMS
The Licensor, and not Apple, is responsible for addressing any claim by you or by any third party relating to an Application or to your possession or use of it, including:
- product liability claims;
- any claim that an Application fails to conform to an applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy or similar legislation, including in connection with an Application’s use of the HealthKit or HomeKit frameworks.
All such claims are handled by the Licensor in accordance with applicable law. This Section does not limit the Licensor’s liability to you beyond what is permitted by applicable law.
17. LEGAL COMPLIANCE, EXPORT AND SANCTIONS
You represent and warrant that (i) you are not located in, and are not a national or resident of, a country that is subject to a comprehensive United States Government embargo or that has been designated by the United States Government as a country supporting terrorism; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
You further confirm that your use of the Applications complies with applicable European Union and Polish sanctions and export control law, and with all other laws applicable where you use them.
18. TERM AND TERMINATION
This Agreement remains in effect until it is terminated by you or by us as set out below.
You may terminate at any time by ceasing all use of the Application and deleting all copies from your devices. Terminating this Agreement does not by itself cancel a subscription; see Section 7.3.
We may terminate or suspend this licence with immediate effect where you are in material breach of this Agreement, where required by law or by Apple, or where we cease to distribute the Application. Except where you are in material breach or where the law requires immediate action, we will give you reasonable notice before terminating.
Where we withdraw an Application from distribution, we will, where practicable, give reasonable advance notice within the Application or through the App Store release notes. Any prepaid but unused subscription period remains refundable in accordance with applicable consumer law and the App Store refund process.
Upon termination, all rights granted to you cease and you must delete all copies of the Application. Sections 3, 5, 12, 13, 14.2, 15, 16, 20, 21 and 22 survive termination, together with any other provision that by its nature is intended to survive.
19. CHANGES TO THIS AGREEMENT
We may amend this Agreement only for one or more of the following reasons:
- to reflect a change in the features or operation of an Application made in accordance with Section 6.1;
- to comply with a change in applicable law, in a decision of a court or competent authority, or in Apple’s rules or guidelines;
- to reflect a change in the third-party services, technologies, platforms or payment arrangements on which an Application depends;
- to reflect a change in the range of Applications we publish, or in the way they are distributed or supported;
- to correct an error, ambiguity or inconsistency, or to improve the clarity of the wording without reducing your rights.
Where a change is material — including any change to the licence granted, to the restrictions imposed on you, to pricing terms, or to your remedies — we will give notice within the affected Application or through the App Store release notes a reasonable time before it takes effect. Non-material changes, including corrections and clarifications, take effect on publication.
If you do not accept a change, your remedy is to stop using the Application and, where applicable, to cancel your subscription before the change takes effect. Continued use after the change takes effect constitutes acceptance.
Where we modify an Application you have paid for in a way that goes beyond what is necessary to keep it in conformity with the contract, we do so only for the reasons set out in Section 6.1 and at no additional cost to you. Where such a modification negatively and more than insignificantly affects your access to or use of the Application, we will inform you a reasonable time in advance on a durable medium of the nature and timing of the modification and of your rights, and you may terminate the contract free of charge within 30 days of the modification or of being informed of it, whichever is later, and receive a proportionate refund.
This does not apply where we give you the option of retaining the unmodified Application, in conformity with the contract, at no additional cost.
20. GOVERNING LAW, COMPLAINTS AND DISPUTES
20.1 Governing law
This Agreement is governed by the law of Poland, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods.
If you are a consumer, this choice of law does not deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country in which you are habitually resident, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).
20.2 Complaints
Please contact us first at deep.value4u@gmail.com. Describe the problem, the Application and version concerned, your device and operating system version, and the outcome you are seeking. We will acknowledge your complaint and respond to it without undue delay.
20.3 Out-of-court dispute resolution for consumers
If you are a consumer in the European Union, you may use out-of-court dispute resolution. In Poland this includes mediation and consumer arbitration before the Trade Inspection Authority (Wojewódzki Inspektorat Inspekcji Handlowej) and assistance from a municipal or district consumer ombudsman (miejski lub powiatowy rzecznik konsumentów). Information is available from the Office of Competition and Consumer Protection at https://uokik.gov.pl and at https://polubowne.uokik.gov.pl.
A list of certified dispute resolution bodies in the EU Member States, Norway and Iceland is available at https://consumer-redress.ec.europa.eu/dispute-resolution-bodies. The European Online Dispute Resolution platform was discontinued on 20 July 2025 pursuant to Regulation (EU) 2024/3228 and is no longer available.
Participation in these procedures is voluntary for both parties and does not affect your right to bring proceedings before a court.
20.4 Jurisdiction
Consumers. You may bring proceedings against us before the courts of Poland or before the courts of the country in which you are habitually resident. We may bring proceedings against you only before the courts of the country in which you are habitually resident, in accordance with Regulation (EU) No 1215/2012.
Business users. Any dispute is subject to the exclusive jurisdiction of the court having jurisdiction over the seat of the Licensor in Warsaw, Poland.
21. THIRD-PARTY BENEFICIARY
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement Apple will have the right — and will be deemed to have accepted the right — to enforce this Agreement against you as a third-party beneficiary of it.
Save as set out in this Section, a person who is not a party to this Agreement has no right to enforce any of its terms.
22. GENERAL PROVISIONS
Entire agreement. This Agreement, together with any applicable App-Specific Supplement, constitutes the entire agreement between you and the Licensor in relation to the Applications and supersedes any previous end user licence agreement issued by us. Nothing in this Section excludes liability for fraudulent misrepresentation.
Assignment. We may assign or transfer our rights and obligations under this Agreement to an affiliate or to a successor in connection with a merger, acquisition or transfer of our business, provided that this does not reduce your rights under this Agreement or under applicable consumer law. You may not assign or transfer your rights or obligations without our prior written consent, and any attempt to do so is void.
Severability. If any provision is held to be invalid or unenforceable, it will be replaced by a valid provision that most closely reflects its purpose, and the remaining provisions continue in full force and effect.
No waiver. A failure or delay in enforcing a provision is not a waiver of it and does not prevent later enforcement of that or any other provision.
Amendments. Except as provided in Section 19, any variation of this Agreement must be recorded in writing.
Language. This Agreement is issued in English. Where we provide a translation, the English version prevails in the event of a discrepancy, except where mandatory law in your country provides otherwise.
Headings. Headings are for convenience only and do not affect the interpretation of this Agreement.
23. CONTACT
If you have any questions, feedback, complaints or claims regarding any of our Applications or this Agreement, please contact:
Valery Sihai
Rajska 2/18, 02-654 Warszawa, Poland
Email: deep.value4u@gmail.com
This contact is provided for all matters relating to an Application’s performance, support, licensing or legal compliance.