Terms of Service

Last updated: July 05, 2026

§ 1.

For the purposes of these Terms of Service, the following terms shall have the following meanings:

1.
Application – the Dog&Care mobile application;
2.
Assol – an algorithmic AI assistant operating within the Application, whose task is to generate Daily Reports, responses, summaries, and informational content based on data entered by the User, the Dog&Care knowledge base, and large language model technology;
3.
Dog&Care knowledge base – a collection of content, information, educational materials, and general guidance concerning dog care, prepared or substantively verified with the involvement of veterinarians;
4.
Price List – information on the current prices of the Premium Plan, the Subscription, or other paid features available in the Application, presented to the User in the Application or in the Stores before a purchase is made;
5.
Check-in – information concerning the dog voluntarily entered by the User, including in particular mood, activity, events, symptoms, or other data selected by the User in the Application;
6.
Care calendar – a feature of the Application enabling the User to plan selected activities related to caring for the dog, including creating tasks and setting deadlines, recurrence, and reminders, provided the User has given the required system-level consents to receive notifications;
7.
Civil Code – the Act of 23 April 1964 – the Civil Code;
8.
Consumer – a natural person entering into an Agreement with the Service Provider that is not directly related to their business or professional activity;
9.
Account – an individual User account created automatically upon the User's first login to the Application via Apple, Google, or an e-mail address and a one-time login code;
10.
Free Plan – a free variant of using the Application, covering the basic scope of features indicated in these Terms of Service, the Application, or other information presented to the User;
11.
Premium Plan – a paid variant of using the Application, available under a renewable Subscription, covering an expanded scope of features indicated in these Terms of Service, the Application, or the Stores;
12.
Privacy Policy – the document containing information on the rules for the Service Provider's processing of Users' personal data;
13.
Push notifications – messages sent by the Application to the User's device, in particular reminders concerning tasks, check-ins, activities, or other features of the Application;
14.
Trader – a natural person, a legal person, or an organizational unit without legal personality to which specific provisions grant legal capacity, conducting business or professional activity in its own name;
15.
Trader with Consumer Rights – a natural person entering into an Agreement with the Service Provider directly related to their business activity, where it is apparent from the content of that Agreement that it is not of a professional nature for that person, in particular having regard to the subject matter of the business activity they pursue;
16.
Dog Profile – a set of data concerning the dog voluntarily entered by the User in the Application, including in particular the dog's name, breed, date of birth, weight, sex, information on spaying or neutering, and a profile picture, if the User chooses to add it. The Dog Profile is used to personalize content available in the Application;
17.
Daily Report – a text summary generated by Assol based on data entered by the User;
18.
Guest Mode – a limited mode of using the Application without logging in, enabling the User to view selected content or screens of the Application on a read-only basis, without the ability to use features requiring the saving of data, such as the Dog Profile, check-ins, Daily Reports, reminders, saved articles, or activity history;
19.
Walking Tracker – a feature of the Application enabling the recording of walk time with the dog and the display of an indicative walk goal determined based on the dog's breed or a default value, if the breed has not been indicated.
20.
Terms of Service – this document;
21.
Stores – the Apple App Store and the Google Play Store, through which the Application is made available. The Stores may apply their own terms of service, payment procedures, refund rules, and subscription management mechanisms, independent of the Service Provider;
22.
Subscription – paid, cyclically renewed access to the Premium Plan, purchased and managed through the relevant Store;
23.
Content – all materials available in the Application, including articles, educational content, reports, summaries, messages, graphics, text, knowledge bases, interface elements, and other materials made available to the User by the Service Provider;
24.
User Content – data, information, photos, notes, check-ins, settings, entries, or other materials entered by the User into the Application, in particular data concerning the Dog Profile, activities, symptoms, events, and tasks in the Care calendar;
25.
Agreement – the agreement concluded between the Service Provider and the User, covering the provision of services by electronic means within the meaning of the Act on the Provision of Electronic Services and the supply of a digital service within the meaning of the Consumer Rights Act;
26.
Service – a digital service provided by electronic means by the Service Provider, consisting in enabling the User to use the functionality of the Application;
27.
Service Provider – Hanna Katsko, residing at Diamentowa 50/3, Ożarów Mazowiecki, Poland, contact e-mail address: hello@dogcare.app, hereinafter also referred to as „Dog&Care";
28.
Consumer Rights Act – the Act of 30 May 2014 on Consumer Rights;
29.
Act on the Provision of Electronic Services – the Act of 18 July 2002 on the Provision of Services by Electronic Means;
30.
User – a person using the Application, including in Guest Mode or through an Account, who is a Consumer, a Trader, or a Trader with Consumer Rights;

§ 2.

  1. These Terms of Service set out the rules and conditions for using the Dog&Care Application, including the rules for the provision of Services by the Service Provider, the rights and obligations of Users, the technical conditions for using the Application, the rules for creating and deleting an Account, the rules for using the Free Plan and the Premium Plan, the terms of the Subscription, the complaint procedure, the rules of liability, and the basic rules for using the content available in the Application.
  2. These Terms of Service constitute terms of service for the provision of services by electronic means within the meaning of Article 8 of the Act on the Provision of Electronic Services.
  3. The Application is intended for dog caregivers and individuals interested in organizing their dog's daily care, accessing educational content, and using tools supporting the monitoring of selected aspects of a dog's well-being.
  4. The Service Provider may be contacted by e-mail at: hello@dogcare.app and via the "Contact" tab or page available in the Application.
  5. Before starting to use the Application, the User should read these Terms of Service and the Privacy Policy.
  6. These Terms of Service are made available to the User free of charge before the conclusion of the Agreement and while using the Application, in a manner enabling the User to obtain, reproduce, record, and store them.
  7. Using the Application to the extent requiring the conclusion of an Agreement requires acceptance of these Terms of Service. Acceptance of these Terms of Service takes place by ticking the relevant checkbox or performing another equivalent technical action provided for in the Application.
  8. The User is obliged to use the Application in accordance with the law, these Terms of Service, good practice, the intended purpose of the Application, and with respect for the rights of the Service Provider, other Users, and third parties.
  9. It is prohibited for the User to supply content of an unlawful nature, in particular content that infringes the rights of third parties, contains malicious software, is misleading, infringes personal rights, copyright, industrial property rights, personal data protection regulations, or the Application's security rules.
  10. The User may not use the Application in a manner that disrupts its operation, circumvents security measures, breaches the limits of the Free Plan, results in unauthorized access to data or features, involves automated downloading of content, decompilation, code copying, vulnerability testing without the Service Provider's consent, or overloads the Application's infrastructure.
  11. These Terms of Service do not exclude or limit the rights of a User who is a Consumer or a Trader with Consumer Rights arising from mandatorily applicable provisions of law.

§ 3.

  1. In order to use the Application, the User must meet the following minimum technical requirements:
    1. possession of a mobile device running iOS version 17.0 or later, or Android version 10 or later;
    2. downloading and installing the Application from the Apple App Store or the Google Play Store;
    3. having active internet access enabling proper use of the Application's features;
    4. having sufficient device storage necessary for downloading, installing, updating, and properly running the Application;
    5. having an Apple account, a Google account, or an active e-mail address enabling receipt of a one-time login code;
    6. using a current or manufacturer-supported version of the operating system and device software, to the extent necessary to ensure the security and proper operation of the Application.
  2. Using the full functionality of the Application requires creating an Account or logging into an Account using one of the methods available in the Application, i.e. via Apple, Google, or an e-mail address and a one-time login code. Without logging in, the User may use the Application only to the limited extent provided for Guest Mode, if such a mode is available.
  3. Certain features of the Application may require the User to grant additional system-level consents or device-level permissions, in particular:
    1. consent to receive push notifications – if the User wants to receive reminders, messages concerning scheduled tasks, suggestions to perform another check-in, or other notifications related to using the Application;
    2. access to the camera or photo library – if the User wants to add, change, or delete the dog's profile picture;
    3. other technical permissions, if they become necessary in the future to use new features of the Application, of which the User will be informed before they are used.
  4. Granting the consents and permissions referred to in paragraph 3 is voluntary. Lack of consent to push notifications or lack of access to the camera or photo library does not prevent the use of the Application's other features, but may limit the ability to use features that require the given permission, in particular receiving reminders or adding the dog's profile picture.
  5. The User may change, at any time, the scope of system-level consents and permissions granted to the Application in their device's settings, provided that withdrawing a given consent or permission may affect the availability or manner of operation of certain features of the Application.
  6. The Service Provider exercises due diligence to ensure the proper, secure, and, as far as possible, uninterrupted functioning of the Application, taking into account its nature, the current state of technical knowledge, and the type of Services provided.
  7. However, the Service Provider does not guarantee that the Application will operate without interruption, error-free, free of delays, or fully resistant to all technical risks. Temporary limitations on the availability of the Application may result, in particular, from:
    1. maintenance, servicing, update, or development work;
    2. failures of technical infrastructure, servers, telecommunications networks, or IT systems;
    3. actions or omissions of external providers, including the Stores, operating system providers, cloud service providers, and providers of analytics, payment, communication, or AI tools;
    4. decisions of the Apple App Store, the Google Play Store, operating system providers, or other third parties that affect the availability, installation, updating, payments, or operation of the Application;
    5. force majeure, cyberattacks, unlawful actions of third parties, or events beyond the Service Provider's control;
    6. improper functioning of the User's device, operating system, internet connection, settings, software, or external applications used by the User.
  8. The Service Provider may temporarily restrict access to the Application or its selected features if this is necessary for technical, security, legal, or organizational reasons, or in order to prevent abuse. Where possible, the Service Provider will inform Users of planned technical downtime or significant restrictions on the Application's availability.

§ 4.

  1. The Application is informational, educational, organizational, and supportive in nature. Its purpose is to help the User organize selected information concerning their dog and to support day-to-day care of the animal, including through reminders, educational materials, and general summaries of data entered by the User.
  2. The Application is not a medical or veterinary device, does not constitute a diagnostic tool, is not used to carry out the treatment of animals, does not enable a veterinary teleconsultation to be obtained, and does not replace a clinical examination of the dog or a consultation with a veterinarian.
  3. No content available in the Application, including Daily Reports, responses, or summaries generated by Assol, articles, educational content, reminders, or other materials, constitutes veterinary advice, a diagnosis, treatment recommendations, a prescription, a medical opinion, or an individual therapy plan for the animal.
  4. Assol is an algorithmic AI assistant. Content generated by Assol is created on the basis of data entered by the User, in particular information from the dog's profile, check-ins, symptoms, activities, events, and other data selected or provided by the User in the Application, as well as on the basis of the Dog&Care knowledge base and large language model technology.
  5. The Dog&Care knowledge base is general and educational in nature. It may be prepared or substantively verified with the involvement of veterinarians; however, its use in the Application does not mean that the User receives individual veterinary advice, a diagnosis, or a treatment recommendation concerning a specific dog.
  6. Information available in the Application, including Daily Reports generated by Assol, is based on general knowledge and on data entered by the User. It does not take into account the full picture of the animal's state of health, a clinical examination, diagnostic test results, treatment history, medical records, or other circumstances that may be relevant to assessing the dog's health and that can only be properly assessed by a veterinarian.
  7. The quality, relevance, and usefulness of a Daily Report or other content generated by Assol depends, in particular, on the completeness, currency, and accuracy of the data entered by the User. Incomplete, outdated, incorrect, or imprecise data may affect the content of the generated report or summary.
  8. Content generated by Assol, including Daily Reports, may be automated and probabilistic in nature and may consequently be incomplete, inaccurate, outdated, inadequate for the dog's individual situation, or require verification by a specialist. The User should not make decisions concerning the dog's health, treatment, nutrition, activity, safety, or well-being based solely on content available in the Application.
  9. In the event of any doubts concerning the dog's health, the occurrence of worrying symptoms, deterioration of the animal's well-being, suspected illness, injury, poisoning, pain, breathing difficulties, loss of consciousness, seizures, persistent vomiting, diarrhoea, apathy, or other symptoms that may indicate a risk to the dog's health or life, the User should immediately contact a veterinarian or the nearest veterinary clinic.
  10. The User should not delay, cancel, or forgo a veterinary consultation, examination, treatment, or other action recommended by a veterinarian because of information obtained in the Application.
  11. The Service Provider is not liable for the User's decisions concerning the dog's health, treatment, nutrition, care, activity, or safety made without consulting a veterinarian, contrary to a veterinarian's recommendations, or based solely on content available in the Application, subject to mandatorily applicable provisions of law.
  12. The User acknowledges that the Application is a tool supporting day-to-day care of the dog, and that responsibility for ensuring the dog receives proper care, safety, and contact with a veterinarian when needed rests with the User as the animal's caregiver.

§ 5.

  1. Using the full functionality of the Application requires creating an Account or logging into an Account using one of the methods made available in the Application.
  2. An Account is created automatically the first time the User logs into the Application via Apple, Google, or an e-mail address and a one-time login code. The Application does not require creating a password.
  3. The one-time login code is sent to the e-mail address provided by the User and is used solely to authenticate the User and to create or gain access to the Account.
  4. Before creating an Account, the User is required to:
    1. accept the Dog&Care Application Terms of Service;
    2. confirm that they have read the Dog&Care Privacy Policy, which explains the rules for processing personal data in the Application.
  5. The Agreement is concluded at the moment the Account is created or the User begins using features of the Application that require logging in, provided that the Terms of Service have been accepted beforehand and reading of the Privacy Policy has been confirmed.
  6. The User should provide truthful, current, lawful data in the Application that does not infringe the rights of third parties. This applies in particular to data provided when logging in, dog profile data, check-ins, notes, photos, settings, calendar tasks, and other content entered by the User into the Application.
  7. The User is responsible for the truthfulness, correctness, completeness, and lawfulness of the data and content they enter into the Application, subject to mandatorily applicable provisions of law.
  8. The User should not enter into the Application the personal data of third parties, false data, unlawfully obtained data, or content that infringes the rights of third parties, good practice, the security of the Application, or the law.
  9. The User is obliged to use the Account in a manner that ensures secure access to the Application, in particular by securing access to their mobile device and to the Apple account, Google account, or e-mail address used for login.
  10. The User should promptly inform the Service Provider of any suspected unauthorized access to the Account, loss of control over the e-mail address used for login, or any other event that may affect the security of the Account.
  11. The Service Provider may introduce additional security mechanisms, including additional verification, temporary restriction of access to the Account, restriction of selected features, or blocking of certain actions, if this is justified by the protection of the Application, data, technical infrastructure, other Users, the rights of third parties, or the prevention of abuse.
  12. The User may use the Application in a limited guest mode, if such a mode is available in the Application.
  13. Guest Mode is read-only in nature and enables the User to view selected screens, content, or features of the Application without creating an Account, to the extent determined by the Service Provider.
  14. Guest Mode does not enable the use of features requiring the saving, personalization, or processing of the User's data, in particular creating a dog profile, performing check-ins, generating Daily Reports, creating tasks and reminders, saving activity history, using the full report history, or saving articles.
  15. An attempt to use a feature requiring an Account while in Guest Mode may result in a message being displayed informing the User of the need to log in or create an Account.
  16. The User may delete their Account at any time under the terms set out in these Terms of Service. Deleting the Account results in termination of the Agreement with respect to use of the Account, subject to the provisions concerning a Subscription purchased through a Store and data that the Service Provider may be required or permitted to retain under applicable law.

§ 6.

  1. The Application operates on a freemium model, which means that the User may use the basic features of the Application under the free Free Plan and may purchase the paid Premium Plan, which provides access to an expanded range of functionality.
  2. The User may use the Free Plan indefinitely, subject to the functional, quantitative, or time-based limitations provided for that plan and presented in the Application.
  3. The Premium Plan is available as a paid Subscription purchased through the relevant Store, i.e. the Apple App Store or the Google Play Store.
  4. The scope of features available under the Free Plan and the Premium Plan may differ. The current scope of features available under each plan is presented in the Application or in the Stores before the purchase of a Subscription.
  5. In particular, differences between the Free Plan and the Premium Plan may relate to the number of available reports, the scope of check-in history, the number of active tasks or reminders, the ability to save articles, access to trends, the frequency of use of selected features, or other limits indicated in the Application.
  6. Dog&Care does not offer a free trial period unless expressly indicated otherwise in the Application or in the relevant Store.
  7. The Premium Plan may be available, in particular, as a monthly Subscription and, once implemented, also as an annual Subscription or another subscription variant indicated in the Application or in the relevant Store.
  8. The final price, currency, amount of taxes, billing period, payment method, and detailed terms of purchasing a Subscription are presented to the User by the Apple App Store or the Google Play Store before the purchase is confirmed.
  9. A Subscription is assigned to a single User Account, unless the Application or the relevant Store expressly permits another arrangement. The User may not resell, share, transfer, or use the Subscription for the benefit of other persons in a manner contrary to these Terms of Service, the Stores' rules, or the intended purpose of the Application.
  10. Payments for the Subscription, renewals, payment methods, cancellation of the Subscription, changing plans, downgrading or upgrading the Subscription variant, and refunds are handled by the relevant Store, in accordance with the rules of the Apple App Store or the Google Play Store.
  11. Dog&Care does not directly process payment card numbers, CVV codes, bank account details, or the User's full billing data. Data concerning payments and billing is processed by the relevant Store or by entities handling payments and Subscriptions in accordance with their own rules.
  12. The Subscription renews automatically at the end of each billing period, unless the User cancels it in accordance with the rules of the relevant Store, as a rule no later than 24 hours before the start of the next billing period.
  13. The User may manage the Subscription in the Application on the "Subscription" page available in the profile section. The Application may redirect the User to Apple's or Google's native subscription management mechanism.
  14. The User may cancel the Subscription at any time through the relevant Store. Cancelling the Subscription does not result in immediate loss of access to the Premium Plan. Access to Premium Plan features continues until the end of the paid billing period, after which the Account is moved to the Free Plan.
  15. After the Subscription ends, the User retains access to the Account within the scope of the Free Plan, subject to the functional limitations applicable to that plan. Some data, features, history, saved content, or limits may be available to a limited extent or unavailable until the Premium Plan is purchased again.
  16. If the User changes the Subscription variant, in particular switching from a monthly to an annual plan or from an annual to a monthly plan, the date the change takes effect, the method of settlement, any proportional charges, or deferral of the change is determined by the relevant Store.
  17. Refund rules are determined by the Apple App Store or the Google Play Store and by mandatorily applicable provisions of law. Dog&Care does not process refunds directly, unless mandatorily applicable provisions of law or specific arrangements with the User provide otherwise.
  18. If a User who is a Consumer or a Trader with Consumer Rights purchases access to the Premium Plan and requests that the Service begin before the expiry of the 14-day withdrawal period, the Service Provider may require the User to submit a separate statement to that effect.
  19. The Service Provider may develop the Application, add new features, change the way existing features operate or are presented, fix errors, implement updates, modify limits, adapt the Application to technological, legal, or organizational changes, and introduce changes resulting from the requirements of the Stores, operating systems, infrastructure providers, or security considerations.
  20. The Service Provider may make changes to the Application that are not necessary to maintain its conformity with the Agreement only for legitimate reasons, such as:
    1. development of the Application's functionality;
    2. improvement of the quality, stability, performance, or security of the Application;
    3. fixing errors, failures, or vulnerabilities;
    4. adapting the Application to changes in the law, decisions of authorities, regulatory guidance, or the Stores' requirements;
    5. adapting the Application to technological, systemic, or infrastructural changes;
    6. changing external providers, including providers of payment, analytics, communication, infrastructure, or AI services;
    7. preventing abuse, breaches of these Terms of Service, or threats to Users, the Service Provider, or the Application;
    8. the need to ensure the Application's conformity with its intended purpose and the expected standard of operation.
  21. If a change referred to in paragraph 20 materially and adversely affects the access of a User who is a Consumer or a Trader with Consumer Rights to the Service, or their use of it, the Service Provider will inform the User with reasonable advance notice, on a durable medium, of the nature of the change, the date it takes effect, its consequences, and the rights available to the User.
  22. In the case referred to in paragraph 21, a User who is a Consumer or a Trader with Consumer Rights may terminate the Agreement without notice within 30 days of the date the change was made or of the date they were informed of the change, if they were informed later than the change itself occurred, unless mandatorily applicable provisions provide for other rights or exceptions.

§ 7.

  1. It is prohibited for the User to supply content of an unlawful nature. In particular, it is prohibited to:
    1. provide false data, data belonging to another person, misleading data, or data obtained unlawfully;
    2. enter the personal data of third parties into the Application without an appropriate legal basis;
    3. post content that infringes the rights of third parties, personal rights, copyright, industrial property rights, trade secrets, or personal data protection regulations;
    4. post content that is offensive, discriminatory, vulgar, defamatory, incites violence, or is contrary to good practice;
    5. transmit, install, or use viruses, bots, scrapers, malicious software, code that automates actions, or other tools capable of disrupting the operation of the Application;
    6. use the Application for commercial purposes without the Service Provider's prior consent;
    7. copy, modify, translate, decompile, reverse-engineer the source code, or otherwise infringe rights to the Application, except in cases permitted by mandatorily applicable provisions of law;
    8. circumvent the limits of the Free Plan, security mechanisms, protections of paid features, authorization mechanisms, or rules governing access to the Subscription;
    9. use the Application in a manner that may compromise the security, integrity, availability, or stability of the Application, the Service Provider's systems, or the data of other Users.
  2. The Service Provider may remove content, restrict selected features, temporarily restrict access to the Account, or take other action necessary to protect the Application, if this is justified by a breach of these Terms of Service, the security of the Application, the protection of third-party rights, the prevention of abuse, or an obligation arising from the law.
  3. Unless security considerations, the protection of third-party rights, or applicable law dictate otherwise, the Service Provider may inform the User of the reason for restricting access to the Account or removing content.
  4. The User retains rights to the User Content that they themselves enter into the Application, in particular to dog profile data, photos, notes, check-ins, and other materials added by the User.
  5. The User grants the Service Provider a non-exclusive, royalty-free licence to use the User Content to the extent necessary to provide the Services, maintain and develop the Application, ensure its security, save data in the Account, generate Daily Reports, personalize content, handle complaints, and perform obligations arising from the law.
  6. The licence referred to in paragraph 5 covers, in particular, the technical recording, storage, reproduction, display, processing, analysis, technical adaptation, and use of the User Content to the extent necessary for the operation of the Application and the provision of the Services to the User.
  7. The licence is granted for the period during which the User uses the Application, and, after the Account is deleted or the Agreement is terminated, for the period necessary to perform legal obligations, settle claims, handle backup copies, ensure security, or defend the Service Provider's rights, in accordance with these Terms of Service and the Privacy Policy.
  8. Granting the licence does not deprive the User of rights to the User Content and does not entitle the Service Provider to use that content for purposes other than those related to the provision of the Services, unless the User has given separate consent to this or it results from mandatorily applicable provisions of law.
  9. Detailed information concerning the processing of personal data entered by the User into the Application, including data used to generate Daily Reports and the operation of the Assol feature, can be found in the Privacy Policy.

§ 8.

  1. The provisions of this section apply only to Users who are Consumers or Traders with Consumer Rights.
  2. A User who has concluded a distance Agreement has the right to withdraw from it without giving a reason within 14 days of the date of its conclusion, subject to the exceptions provided for in mandatorily applicable provisions of law, in particular the Consumer Rights Act.
  3. The User exercises the right to withdraw from the Agreement by submitting a statement of withdrawal to the Service Provider. To meet the deadline, it is sufficient to send the statement before the expiry of the period referred to in paragraph 2 above.
  4. A statement of withdrawal from the Agreement may be submitted in any form, in particular by e-mail to: hello@dogcare.app, or using the model withdrawal form set out in Annex No. 2 to the Consumer Rights Act. Using the form is not mandatory.
  5. Upon receiving a statement of withdrawal from the Agreement, the Service Provider will promptly send the User confirmation of its receipt on a durable medium, in particular by e-mail.
  6. If the Agreement concerns the Premium Plan or another paid Service purchased through the Apple App Store or the Google Play Store, the technical execution of the withdrawal, cancellation of the Subscription, refund of payment, or settlement may be carried out with the involvement of the relevant Store, in accordance with its procedures and mandatorily applicable provisions of law.
  7. If the User requests that the Service begin before the expiry of the withdrawal period, the Service Provider may begin providing the Service before the expiry of that period after obtaining from the User an express request that provision begin before the expiry of the withdrawal period.
  8. In the event of withdrawal from the Agreement after the provision of the Service has begun at the User's express request, but before it has been fully performed, the User may be required to pay for the services performed up to the time of withdrawal from the Agreement, in proportion to the scope of the service performed, in accordance with the Consumer Rights Act.
  9. If the Service has been fully performed with the express, prior consent of the User, who was informed before the provision began that they would lose the right to withdraw from the Agreement once the Service Provider had performed the service, and acknowledged this, the User loses the right to withdraw from the Agreement with respect to the Service so performed, in accordance with Article 38(1)(1) of the Consumer Rights Act.
  10. The right to withdraw from the Agreement also does not apply to the supply of digital content not delivered on a tangible medium, if performance began with the User's express, prior consent before the expiry of the withdrawal period, the User was informed of the loss of the right to withdraw from the Agreement upon commencement of performance, acknowledged this information, and the Service Provider provided the User with confirmation in accordance with the Consumer Rights Act.
  11. The provision referred to in paragraph 10 may apply, in particular, to digital content made available or generated for the User in the Application, such as reports, summaries, educational materials, articles, or other digital content, if the conditions provided for in the Consumer Rights Act have been met.
  12. In the event of effective withdrawal from the Agreement, the Agreement is deemed not to have been concluded, and the Service Provider settles accounts with the User in accordance with the Consumer Rights Act, taking into account the rules and procedures of the relevant Store, if payment was made through the Apple App Store or the Google Play Store.
  13. This section does not limit the rights of a User who is a Consumer or a Trader with Consumer Rights arising from mandatorily applicable provisions of law.

§ 9.

  1. The Service Provider provides the Services with the due diligence appropriate for digital services of this kind, taking into account the nature of the Application, its intended purpose, the current state of technical knowledge, and the functionality made available to Users.
  2. The Application is made available on an "as is" and "as available" basis, i.e. in the condition and to the extent in which it is currently available, subject to mandatorily applicable provisions of law, in particular provisions protecting Consumers and Traders with Consumer Rights.
  3. The Service Provider does not guarantee that the Application will operate without interruption, error-free, free of delays, disruptions, or failures, or fully resistant to all technical risks, in particular risks arising from the operation of the internet, the User's devices, operating systems, the Stores, infrastructure providers, or other third parties.
  4. Access to the Application or its selected features may be temporarily restricted, suspended, or disrupted, in particular due to:
    1. technical failures, system errors, or infrastructure overload;
    2. maintenance, servicing, update, or development work;
    3. changes in the iOS or Android operating systems;
    4. decisions, requirements, restrictions, or actions of the Apple App Store, the Google Play Store, or other providers of services necessary for the Application to operate;
    5. actions of infrastructure providers, cloud service providers, or providers of analytics, communication, payment, subscription, or AI tools;
    6. limitations on the part of the internet network, telecommunications operators, the User's device, system settings, or software installed on the User's device;
    7. actions or omissions of third parties, including cyberattacks, attempts at unauthorized access, automated actions, or security breaches;
    8. force majeure events, understood as external events that are impossible to foresee or prevent despite the exercise of due diligence.
  5. The Service Provider is not liable for disruptions, errors, delays, payment refusals, blocks, inability to renew the Subscription, changes in rules, unavailability, restrictions, or other actions of the Apple App Store, the Google Play Store, RevenueCat, operating system providers, payment service providers, AI providers, analytics, communication, or infrastructure tools, or other third parties, if they remain outside the Service Provider's reasonable control.
  6. The Service Provider may modify, update, suspend, or withdraw selected features of the Application if this is justified by product development, improvement of the quality of the Services, security, error correction, technological changes, legal requirements, decisions or requirements of external providers, the Stores' rules, or the interests of Users.
  7. In the case of changes that materially and adversely affect the access of a User who is a Consumer or a Trader with Consumer Rights to the Service, or their use of it, the provisions of these Terms of Service concerning changes to the Application, informing the User, and the rights available to them apply accordingly. The foregoing does not infringe rights arising from mandatorily applicable provisions of law, in particular the provisions of the Consumer Rights Act concerning digital services.
  8. The Service Provider is not liable for the consequences of the User's use of information, reports, suggestions, articles, educational content, or other content available in the Application in a manner inconsistent with its nature, intended purpose, or the reservations set out in these Terms of Service, in particular as a substitute for consultation with a veterinarian.
  9. The Service Provider does not guarantee that content generated by Assol will in every case be complete, accurate, current, adequate to the dog's individual situation, or free of errors. Content generated by AI is supportive, educational, and informational in nature and should be verified by the User, in particular in the event of doubts concerning the animal's health or safety.
  10. The Service Provider is not liable for the incorrectness, incompleteness, obsolescence, or untruthfulness of data entered by the User into the Application, including dog profile data, check-ins, symptoms, events, notes, photos, or other User Content, nor for the consequences of generating a report or summary based on such data.
  11. The Service Provider is not liable for content entered, transmitted, saved, or made available by the User in the Application, including photos, notes, dog profile data, check-ins, and other User Content, unless such liability arises from mandatorily applicable provisions of law.
  12. The User is liable for using the Application in a manner consistent with the law, these Terms of Service, the intended purpose of the Application, and the rights of third parties, including for the legality, truthfulness, and correctness of the data and content they enter into the Application.
  13. The Service Provider is not liable for the inability to use the Application or its selected features resulting from the User's failure to meet technical requirements, the use of an outdated operating system, lack of internet access, lack of required system-level consents, incorrect device settings, or the operation of external applications or services installed on the User's device.
  14. The Service Provider is not liable for the loss of data caused by the User's actions, deletion of the Account, withdrawal of consents, changes to device settings, uninstallation of the Application, loss of access to the e-mail address, Apple account, or Google account, or other circumstances attributable to the User, subject to mandatorily applicable provisions of law.
  15. With respect to Users who are neither Consumers nor Traders with Consumer Rights, the Service Provider's liability for non-performance or improper performance of the Agreement is limited to damages in the form of actual losses incurred by the User, and to an amount not exceeding the total amount of remuneration paid to the Service Provider by the given User during the 12 months preceding the event giving rise to the damage.
  16. With respect to Users who are neither Consumers nor Traders with Consumer Rights, the Service Provider is not liable for lost profits, indirect, consequential, or incidental damages, loss of data, loss of revenue, loss of profits, loss of reputation, business interruption, the cost of procuring substitute services, or other damages that do not constitute an actual loss, unless the damage was caused intentionally.
  17. The limitations of liability set out in this section do not apply to the extent that their exclusion or limitation would be impermissible under mandatorily applicable provisions of law.
  18. No provision of these Terms of Service excludes or limits the Service Provider's liability towards Consumers or Traders with Consumer Rights to the extent that such liability cannot be excluded or limited under the law, in particular liability for the Service's conformity with the Agreement, liability for damage caused intentionally, and liability for infringement of rights that cannot be excluded by agreement.
  19. The provisions of this section do not limit the rights of the User arising from consumer rights provisions, provisions concerning digital services, personal data protection provisions, or other mandatorily applicable provisions of law.

§ 10.

  1. The User may file a complaint concerning the operation of the Application, the Account, the Free Plan, the Premium Plan, the Subscription, the Assol feature, Daily Reports, or other Services provided by the Service Provider.
  2. A complaint may be filed:
    1. via the "Contact" page or tab available in the Application; or
    2. by e-mail to: hello@dogcare.app.
  3. The User may also direct a query, technical report, or other message concerning the use of the Application to the Service Provider through the communication channels indicated in paragraph 2 above.
  4. A complaint should contain at least:
    1. a description of the problem or irregularity;
    2. the date or approximate time the problem occurred;
    3. data enabling identification of the User's Account, in particular the e-mail address assigned to the Account;
    4. the device name, operating system, or Application version, if this information may help resolve the complaint;
    5. the expected way of resolving the matter, if the User wishes to indicate it.
  5. Failure to provide all the information referred to in paragraph 4 does not automatically result in the complaint being left unaddressed, if it is possible to resolve it based on the information provided by the User.
  6. If the information provided in the complaint is insufficient to resolve it, the Service Provider may ask the User to supplement it, indicating the scope of information needed to resolve the matter.
  7. The Service Provider will handle complaints promptly, no later than within 14 days of their receipt, unless mandatorily applicable provisions of law provide for a different period.
  8. The response to the complaint will be provided electronically, in particular to the e-mail address from which the complaint was sent, or to the e-mail address assigned to the User's Account.
  9. The response to the complaint will contain the Service Provider's position on the complaint and, if it is upheld, information on the manner and expected time frame for resolving the irregularity, or another way of resolving the matter.
  10. If the complaint concerns payment, renewal of the Subscription, cancellation of the Subscription, or a refund made through the Apple App Store or the Google Play Store, the Service Provider may inform the User of the need to use the procedure of the relevant Store, if, under Apple's or Google's rules, the matter is handled directly by the Store.
  11. The provision of paragraph 10 does not limit the rights of the User arising from mandatorily applicable provisions of law, in particular provisions concerning consumer rights and liability for the Service's conformity with the Agreement.
  12. If a non-conformity of the Service with the Agreement is disclosed, a User who is a Consumer or a Trader with Consumer Rights is entitled to the rights set out in the Consumer Rights Act, in particular the right to demand that the Service be brought into conformity with the Agreement.
  13. The Service Provider will bring the Service into conformity with the Agreement within a reasonable time from being informed by the User of the non-conformity, without undue inconvenience to the User, taking into account the nature of the Service and the purpose for which the User uses it.
  14. The Service Provider may refuse to bring the Service into conformity with the Agreement if this is impossible or would require the Service Provider to incur excessive costs, taking into account all the circumstances of the case, in particular the significance of the non-conformity and the value of a Service that is conformant with the Agreement.
  15. If the Service is non-conformant with the Agreement, and bringing it into conformity with the Agreement is impossible, requires excessive costs, has not taken place within a reasonable time, would involve excessive inconvenience for the User, or it is clear from the circumstances that the Service Provider will not bring the Service into conformity with the Agreement, a User who is a Consumer or a Trader with Consumer Rights may exercise the rights provided for in the Consumer Rights Act, in particular submit a statement on price reduction or withdrawal from the Agreement.
  16. The User may not withdraw from the Agreement if the non-conformity of the Service with the Agreement is immaterial, unless mandatorily applicable provisions of law provide otherwise.
  17. If the User effectively exercises the right to a price reduction or withdrawal from the Agreement, the Service Provider will refund the amounts due to the User promptly, no later than within 14 days of receiving the User's statement, subject to the settlement rules applied by the Apple App Store or the Google Play Store, if payment was made through the relevant Store.
  18. A refund of payment will be made using the same payment method used by the User, unless the User expressly agrees to a different method of refund that does not involve any costs for them, or the refund is made in accordance with the procedure of the relevant Store.
  19. With respect to Users who are neither Consumers nor Traders with Consumer Rights, the Service Provider's liability for complaints, non-performance, or improper performance of the Agreement is subject to the limitations set out in these Terms of Service, to the extent permitted by mandatorily applicable provisions of law.
  20. These Terms of Service do not limit the rights of Users who are Consumers or Traders with Consumer Rights arising from mandatorily applicable provisions of law, in particular the provisions of the Consumer Rights Act concerning the conformity of a digital service with the contract.

§ 11.

  1. The Application, its name, logo, trademarks, graphic elements, interface, screen layout, source and object code, system architecture, functionality, knowledge bases, articles, educational content, reports, summaries, texts, graphics, icons, photos, audiovisual materials, content layout, documentation, feature descriptions, and other materials made available within the Application constitute the property of the Service Provider or of entities from which the Service Provider has obtained the relevant rights or licences.
  2. The elements referred to in paragraph 1 are protected by law, in particular by the provisions of the Act on Copyright and Related Rights, the Industrial Property Law, the Act on Combating Unfair Competition, provisions concerning the protection of databases, and other applicable provisions of national and EU law.
  3. The User's use of the Application does not result in the transfer to the User of any copyright, related rights, industrial property rights, database rights, know-how rights, or other intellectual property rights belonging to the Service Provider or its licensors.
  4. Upon starting to use the Application, the User receives a non-exclusive, non-transferable, non-assignable, non-sublicensable, and limited licence to use the Application solely for their own, non-commercial purposes, in accordance with these Terms of Service, the intended purpose of the Application, and the rules of the relevant Store.
  5. The licence referred to in paragraph 4 covers only the right to install, run, and use the Application on the User's mobile device to the extent necessary to use the Services made available to the User under the Free Plan or the Premium Plan.
  6. The User is not entitled to use the Application, its elements, or the Content in a manner exceeding the scope expressly permitted in these Terms of Service, without the Service Provider's prior, express consent.
  7. In particular, it is prohibited to:
    1. copy, record, distribute, publicly disclose, sell, rent, lease, or commercially use the Application or its elements;
    2. modify, adapt, translate, develop, combine with other software, or create derivative works based on the Application or its elements;
    3. decompile, disassemble, reverse-engineer the source code, analyze the technical structure of the Application, or undertake other actions aimed at discovering the code, algorithms, models, operating logic, or security mechanisms of the Application, except in cases expressly permitted by mandatorily applicable provisions of law;
    4. remove, alter, or conceal copyright notices, trademarks, intellectual property information, manufacturer marks, or other information identifying the Service Provider or its licensors;
    5. use the Dog&Care name, logo, trademarks, graphic marks, or other elements identifying the Application without the Service Provider's prior consent;
    6. use articles, educational content, knowledge bases, reports, summaries, or other Content available in the Application to create competing products, services, databases, AI models, training materials, or other commercial solutions;
    7. automatically download, scrape, index, copy, train models on, analyze, or mine Content available in the Application without the Service Provider's prior consent;
    8. circumvent the Application's technical safeguards, the limits of the Free Plan, the Subscription rules, or the mechanisms controlling access to paid features.
  8. The User may use the Content available in the Application only for their own personal use, in accordance with the Application's intended purpose. In particular, the User may read articles, educational content, reports, and summaries while using the Application, but may not distribute, publish, copy, or commercially exploit them without the Service Provider's consent.
  9. Daily Reports and other content generated or co-generated by AI features in the Application are made available to the User for the purposes of using the Application and providing day-to-day care for the dog. The User may use them for their own purposes, subject to the provisions of these Terms of Service concerning the informational and educational nature of such content.
  10. If the User enters their own content, data, photos, notes, check-ins, or other materials into the Application, they retain rights to them to the extent to which such rights belong to them. The rules for granting the Service Provider a licence to use the User Content for the purpose of providing the Services are set out in the other provisions of these Terms of Service.
  11. Infringement of the intellectual property rights of the Service Provider, its licensors, or third parties may result in restricted access to the Application, termination of the Agreement, and the pursuit of claims provided for by law by the entitled party.
  12. No provision of these Terms of Service limits the rights of the User arising from mandatorily applicable provisions of law, in particular those concerning permitted use, where applicable.

§ 12.

  1. The User may delete their Account at any time from within the Application by selecting the "Delete Account" option, available in the profile settings, or another equivalent feature made available in the Application.
  2. Deletion of the Account by the User results in termination of the Agreement with respect to use of the Account and the features of the Application requiring login, subject to the provisions concerning an active Subscription purchased through the Apple App Store or the Google Play Store.
  3. After the Account is deleted, the Service Provider deletes or anonymizes the User's data processed within the Account, in particular dog profile data, check-ins, notes, saved content, activity history, tasks, reminders, and other data associated with the Account, subject to data that the Service Provider is entitled or required to retain for a longer period.
  4. The Service Provider may retain certain data after the Account is deleted if this is necessary to:
    1. perform obligations arising from the law;
    2. settle payments, complaints, refunds, or other matters related to the Subscription;
    3. establish, pursue, or defend claims;
    4. ensure the security of the Application, and prevent abuse, fraud, or breaches of these Terms of Service;
    5. handle technical reports, security incidents, or actions required by the competent authorities;
    6. store data in backup copies for a technically justified period, in accordance with adopted security procedures.
  5. Detailed information concerning the scope, legal bases, and retention periods for personal data after the Account is deleted can be found in the Privacy Policy.
  6. Deleting the Account in the Dog&Care Application does not automatically cancel an active Subscription purchased through the Apple App Store or the Google Play Store. The Subscription is managed by the relevant Store, and not directly by the Service Provider.
  7. If the User does not want the Subscription to renew, they should cancel it themselves in the settings of the relevant Store, in accordance with the rules of the Apple App Store or the Google Play Store.
  8. The Service Provider may inform the User in the Application that deleting the Account is not equivalent to cancelling the Subscription, in particular through an appropriate message displayed before confirming the deletion of the Account.
  9. The Service Provider may terminate the Agreement or temporarily or permanently restrict the User's access to the Account for good cause.
  10. Good cause justifying termination of the Agreement or restriction of access to the Account is deemed to include, in particular:
    1. a material or repeated breach of these Terms of Service by the User;
    2. using the Application in a manner contrary to the law, good practice, the intended purpose of the Application, or security rules;
    3. supplying the Application with unlawful, false, or misleading content, or content that infringes the rights of third parties;
    4. taking action that endangers the security, stability, integrity, or availability of the Application;
    5. attempts to circumvent security mechanisms, the limits of the Free Plan, the Subscription rules, or safeguards protecting paid features;
    6. unauthorized use of another User's Account, or attempts to gain access to the Service Provider's data, systems, or infrastructure;
    7. infringement of the intellectual property rights of the Service Provider, its licensors, or third parties;
    8. the need to perform an obligation arising from the law, a decision of the competent authority, the Stores' rules, or security requirements.
  11. Before terminating the Agreement or permanently restricting access to the Account, the Service Provider may, where possible, reasonable, and not a threat to the Application's security, call on the User to cease the breaches or remedy their effects within an appropriate time limit.
  12. Restriction of access to the Account may include, in particular, a temporary login block, restriction of access to selected features, blocking the ability to add content, suspension of report generation, or other actions necessary to protect the Application, Users, the Service Provider, or third parties.
  13. Termination of the Agreement by the Service Provider does not infringe the rights of a User who is a Consumer or a Trader with Consumer Rights arising from mandatorily applicable provisions of law, in particular provisions concerning digital services, complaints, the Service's conformity with the Agreement, and settlement of amounts due for the unused period of a paid Service, if such a refund is owed.
  14. If termination of the Agreement concerns a User using an active Subscription purchased through the Apple App Store or the Google Play Store, settlement of payments, refunds, or further renewal of the Subscription may require the User to use the procedures of the relevant Store.
  15. The Service Provider may retain information necessary to document the reasons for terminating the Agreement or restricting access to the Account for the period needed to protect the Service Provider's rights, resolve complaints, defend against claims, ensure security, or perform obligations arising from the law.
  16. Information on the processing of personal data by the Service Provider, including the processing of data after the Account is deleted or the Agreement is terminated, can be found in the Privacy Policy available in the Application.

§ 13.

  1. The provisions of this section apply only to Users who are Consumers.
  2. A Consumer may use the available out-of-court methods for handling complaints and pursuing claims, if such procedures are available in accordance with applicable law.
  3. A Consumer may, in particular, seek assistance from:
    1. the district or municipal consumer ombudsman;
    2. the relevant Provincial Inspectorate of Trade Inspection;
    3. social organizations whose statutory tasks include consumer protection;
    4. the President of the Office of Competition and Consumer Protection, with respect to information on consumer rights and available means of pursuing claims.
  4. Detailed information on out-of-court methods for handling complaints and pursuing claims is available at the offices and on the websites of the district and municipal consumer ombudsmen, the Provincial Inspectorates of Trade Inspection, and the Office of Competition and Consumer Protection.
  5. Use of out-of-court methods for handling complaints and pursuing claims is voluntary and may require the fulfilment of conditions set out in the law or in the rules of the relevant institutions.
  6. The provisions of this section do not limit the Consumer's right to pursue claims before the competent common court.

§ 14.

  1. The Service Provider may amend these Terms of Service for good cause, in particular in the event of:
    1. a change to the Application's functionality, including the addition, modification, restriction, or withdrawal of specific features;
    2. a change to the rules for using the Free Plan, the Premium Plan, the Subscription, or other paid features of the Application;
    3. a change to the payment model, billing, the manner of purchasing a Subscription, or the rules of cooperation with the Stores;
    4. a change of external providers, including providers of payment, subscription, analytics, communication, infrastructure, hosting, or AI services;
    5. a change in the law, its interpretation, the practice of public administration authorities, case law, or regulatory guidance affecting the content of these Terms of Service or the manner of providing the Services;
    6. a change in the requirements of the Apple App Store, the Google Play Store, operating systems, technology providers, or other entities whose services are necessary for the Application to operate;
    7. the need to adapt these Terms of Service to technical, organizational, or security-related changes;
    8. the need to prevent abuse, breaches of these Terms of Service, or threats to the security of the Application, Users, data, or the Service Provider's infrastructure;
    9. a change to the Service Provider's details, contact information, methods of communication with Users, or the complaint procedure;
    10. the need to clarify, organize, or supplement the provisions of these Terms of Service, provided that such a change does not deprive the User of acquired rights.
  2. The Service Provider will inform the User of a change to these Terms of Service with reasonable advance notice before the changes take effect, in particular through a message in the Application, an e-mail sent to the address assigned to the Account, or another durable medium, if required by law.
  3. Information on a change to these Terms of Service should include at least an indication of the scope of the changes, the date they take effect, and notice of the User's right not to accept the amended Terms of Service, to stop using the Application, or to delete the Account.
  4. If a change to these Terms of Service concerns a User who is a Consumer or a Trader with Consumer Rights and materially affects their rights or obligations, the Service Provider will inform the User of the change in a clear and comprehensible manner, in accordance with the requirements of mandatorily applicable provisions of law.
  5. Amendments to these Terms of Service may take effect earlier or without the standard advance notice period if:
    1. they are purely technical, editorial, organizational, or beneficial to the User;
    2. they do not adversely affect the User's rights or obligations;
    3. they result from mandatorily applicable provisions of law;
    4. they are necessary to ensure the security of the Application, data, Users, or the Service Provider's infrastructure;
    5. they are required by the Apple App Store, the Google Play Store, operating system providers, infrastructure providers, or the competent authority.
  6. If the User does not accept the amended Terms of Service, they may stop using the Application and delete their Account under the terms set out in these Terms of Service.
  7. If a change to these Terms of Service concerns a paid Service provided to a User who is a Consumer or a Trader with Consumer Rights and materially and adversely affects access to that Service or its use, the User is entitled to the rights arising from mandatorily applicable provisions of law, in particular those concerning digital services.
  8. Rights relating to an active Subscription purchased through the Apple App Store or the Google Play Store, including its cancellation, modification, settlement, or any refund, are exercised in accordance with the rules of the relevant Store and mandatorily applicable provisions of law.
  9. Agreements concluded before a change to these Terms of Service takes effect are governed by the provisions of the Terms of Service in force on the date the Agreement was concluded, unless:
    1. the User has accepted the amended Terms of Service;
    2. the change results from mandatorily applicable provisions of law;
    3. the change is necessary for security reasons;
    4. the change concerns digital services provided on a continuous basis and was introduced in accordance with these Terms of Service and the law.
  10. A change to these Terms of Service does not infringe the User's acquired rights, in particular rights arising from an active Subscription, to the extent that protection of those rights results from mandatorily applicable provisions of law.
  11. The current version of these Terms of Service is available in the Application in a manner enabling it to be obtained, reproduced, recorded, and stored.

§ 15.

  1. These Terms of Service apply from [set release date].
  2. Polish law applies to the Agreement and to the use of the Application, subject to the mandatorily applicable provisions of the law of the country of habitual residence of a User who is a Consumer, if those provisions apply and grant the Consumer more extensive protection.
  3. The choice of Polish law does not deprive a User who is a Consumer of the protection afforded to them under provisions that cannot be excluded by agreement under the law of the country in which the Consumer has their habitual residence.
  4. With respect to Users who are neither Consumers nor Traders with Consumer Rights, any disputes arising from these Terms of Service, the Agreement, or the use of the Application will be resolved by the common court with jurisdiction over the Service Provider's registered office.
  5. With respect to Users who are Consumers, the jurisdiction of the court is determined in accordance with mandatorily applicable provisions of law.
  6. With respect to Users who are Traders with Consumer Rights, the provision concerning the jurisdiction of the court applies only to the extent permissible under mandatorily applicable provisions of law.
  7. If any provision of these Terms of Service proves invalid, ineffective, or unenforceable, in whole or in part, this does not affect the validity, effectiveness, or enforceability of the remaining provisions of these Terms of Service. The applicable provisions of law apply in place of the invalid, ineffective, or unenforceable provision.
  8. The headings of the sections and other editorial units of these Terms of Service are for organizational purposes only and do not affect the interpretation of their provisions.
  9. In matters not regulated by these Terms of Service, the applicable provisions of law apply, in particular the provisions of the Civil Code, the Act on the Provision of Electronic Services, the Consumer Rights Act, personal data protection provisions, copyright and related rights provisions, and other applicable provisions of national and EU law.
  10. These Terms of Service should be interpreted in a manner consistent with mandatorily applicable provisions of law. No provision of these Terms of Service is intended to exclude or limit the rights of a User who is a Consumer or a Trader with Consumer Rights that cannot be excluded or limited under the law.