This is a translation provided for convenience. The Polish version is legally binding.
§ 1. General provisions
- These terms of service (the “Terms”) set out the rules for using the Rotzer mobile application (the “App”) and the electronic services provided through it, in accordance with the Polish Act of 18 July 2002 on the provision of electronic services.
- The service provider is Kamil Wiącek, a sole trader operating under the business name Kamil Wiącek, ul. Ruczaj 17/8 30-409, Kraków, Poland, NIP (tax ID): 6793371348, REGON: 545269734, registered in the Central Register and Information on Economic Activity (CEIDG) (the “Provider”).
- Contact: kontakt@rotzerapp.kwiacek.com.
- The Terms are available free of charge in the App and at https://rotzerapp.kwiacek.com/regulamin in a form that allows them to be downloaded, saved and printed.
- Personal data processing is described in the Privacy policy.
§ 2. Definitions
- User – an adult natural person who has created an Account in the App.
- Account – the User’s individual account, protected by an e-mail address and password.
- Family – a group of Accounts with shared, equal access to the Cycle profiles of that group.
- Family administrator – the User who created the Family or to whom this role was transferred; they manage Family membership but have no wider access to data than other members.
- Cycle profile – the profile of the person whose cycle is observed and recorded in the App.
- Observations – data entered into the App, in particular temperature, mucus observations, bleeding, intercourse, disturbing factors and notes.
- Method – the symptothermal fertility awareness method according to the rules of Prof. Dr. med. Josef Rötzer.
§ 3. Nature of the App – important disclaimers
The App is not a contraceptive and does not guarantee avoiding or achieving pregnancy.
- The App is a tool for keeping an electronic cycle chart. Based on Observations entered by Users, the App estimates cycle phases using algorithms based on the rules of the Method.
- The App is intended for people who know the Method and can apply it on their own, in particular after training by a qualified instructor. The App does not teach the Method and does not replace knowledge of it.
- Results shown in the App are only estimates based on the data entered. Their accuracy depends on complete, reliable and timely Observations, correct temperature measurement and individual characteristics. Incorrect, incomplete or disturbed data may lead to incorrect results.
- The final interpretation of the cycle chart and any decision regarding intercourse, planning or postponing conception rests solely with the User. The User should verify the App’s results independently in accordance with the rules of the Method.
- The effectiveness of the Method in avoiding pregnancy depends on its correct and consistent use. No fertility awareness method provides 100% certainty.
- The hormone chart shown in the App is an illustrative educational model, not a measurement of the User’s hormone levels.
- The App is not a medical device, is not intended for diagnosing, treating, monitoring or preventing disease and does not replace medical advice. In case of worrying symptoms, irregular cycles, hormonal medication, the postpartum period, breastfeeding or perimenopause, consult a doctor or a Method instructor.
§ 4. Technical requirements
- Using the App requires a mobile device with an up-to-date iOS or Android system, Internet access and an active e-mail address.
- Using electronic services involves standard Internet risks, including malware and unauthorised access. The User should protect their device and password against access by third parties.
§ 5. Account
- Using the App requires creating an Account. Only persons aged 18 or over may create an Account.
- To create an Account, the User provides a first name, e-mail address and password, accepts the Terms and reads the Privacy policy. The Account is activated after the e-mail address is confirmed.
- After creating an Account, the User creates a new Family or joins an existing one using an invitation code.
- A person invited to a Family by e-mail completes the Account setup using a one-time link. Until then the Account remains inactive.
- The User undertakes to provide true data, not to share their password and to inform the Provider promptly of any suspected unauthorised access to the Account.
- The service agreement is concluded when the Account is created, for an indefinite period.
§ 6. Family and data sharing
- All Family members see the same Cycle profile data of that Family and can enter and edit Observations. The App records which User entered or changed an entry.
- The Family administrator can generate and revoke the invitation code, invite people by e-mail and remove Family members.
- The User invites to the Family only people with whom the person concerned by the Cycle profile has agreed to share their data.
- A User who creates a Cycle profile for another person or enters Observations about them declares that they act with that person’s knowledge and consent.
- Leaving or being removed from a Family ends access to its data. Cycle profile data stays in the Family as long as it has other members.
§ 7. Rules of use
- The User uses the App in accordance with the law, these Terms and good practice.
- It is prohibited in particular to provide unlawful content, attempt to gain unauthorised access to other Families’ data, interfere with the App or the Provider’s infrastructure, or enter another person’s data without their consent.
§ 8. Fees
- Using the App is free of charge.
- If the Provider introduces paid features, their scope and price will be presented before use and their use will require separate consent.
§ 9. Liability
- The Provider makes efforts to ensure the App works correctly and without interruption, but technical breaks, including for maintenance and updates, may occur.
- Given the nature of the App described in § 3, the Provider is not liable for decisions made by the User on the basis of estimates shown in the App, including the occurrence or non-occurrence of pregnancy, in particular where they result from incomplete or incorrect data or from applying the Method contrary to its rules.
- Limitations of liability do not apply to damage caused intentionally or to other cases where limiting or excluding liability is not permitted by mandatory law, in particular consumer protection law.
- Towards consumers, the Provider is liable for the conformity of the digital service with the contract under Chapter 5b of the Polish Consumer Rights Act of 30 May 2014.
§ 10. Complaints
- Complaints about the App can be sent to kontakt@rotzerapp.kwiacek.com.
- A complaint should include the Account e-mail address, a description of the problem and the expected resolution.
- The Provider handles complaints within 14 days of receipt and replies to the e-mail address the complaint was sent from.
§ 11. Termination
- The User may terminate the agreement at any time by deleting the Account in the App settings. Account deletion is irreversible.
- If the User is the only Family member, deleting the Account deletes the Family together with all Cycle profiles and Observations. If the Family has other members, its data remains available to them and the Family administrator role passes to a selected member.
- The Provider may terminate the agreement with 14 days’ notice for important reasons, in particular a gross or persistent breach of the Terms, or when discontinuing the service. If the service is discontinued, the Provider will allow Users to review or download their data within a reasonable time beforehand.
§ 12. Changes to the Terms
- The Provider may change the Terms for important reasons, in particular changes in law, changes to App features or security reasons.
- The Provider informs Users of changes in the App or by e-mail at least 14 days before they take effect. A User who does not accept the changes may delete their Account before that date.
§ 13. Final provisions
- These Terms are governed by Polish law. This choice of law does not deprive consumers of the protection afforded by provisions that cannot be excluded by agreement.
- Consumers may use out-of-court complaint and redress procedures, including assistance from municipal or district consumer ombudsmen and regional Trade Inspection offices. Information is available at prawakonsumenta.uokik.gov.pl.
- Consumer provisions also apply to a natural person running a business who concludes an agreement directly related to that business, where the agreement is not of a professional nature for them.
- The Polish version of the Terms is legally binding.