Terms & Conditions

Terms and Conditions of the mobile application Moodpresso and the website located at www.moodpresso.com.

GENERAL PROVISIONS
1. These Terms and Conditions (the "Terms") define the terms of use of the mobile application Moodpresso (the "App") and the website located at www.moodpresso.com (the "Site"). The Terms are the regulations that are referred to in Article 8 of the Act on Rendering Electronic Services of 18 July 2002 (Journal of Laws of 2013, item 1422).
2. The operator of the App, the provider of delivered services, the operator of the Site, and the administrator of personal data of the users of the App and of the users of the Site (the "Provider") are the partners in a civil company under the name of Moodpresso S.C. with its registered seat in Warsaw, Poland, the address: Domaniewska 37/2.43, 02‑672 Warszawa, Poland, NIP: 521‑36‑91‑812, REGON: 361002456, that is: Agata Hejmej running business under the name of Agata Hejmej wspólnik spółki cywilnej Moodpresso S.C., REGON: 360999252, entered in the Central Registration And Information On Business and Grzegorz Maj running business under the name of Grzegorz Maj Moodpresso S.C., REGON: 360999312, entered in the Central Registration And Information On Business.
3. The user of the App (the "User") is an adult person or a minor who is at least 13 years of age and has the consent of a parent or legal guardian, who installed the App. Installing the App on a mobile device constitutes User’s acceptance of the Terms and of the Privacy Policy, which is a separate document available at www.moodpresso.com/privacy. The App may only be used by the User.
4. The use of the Site constitutes acceptance of the Terms and of the Privacy Policy in the scope related to the Site.
5. The service provided through the App (the "Service") consists of providing the User with sets of descriptions of activities and resources for performing these activities (collectively: the "Activities"), the goal of which is a temporary improvement in cognitive functioning and well‑being, through their impact on mood and psychophysiological arousal (the "Programs"). The Activities are based on natural and commonplace phenomena (e.g. music, humor, nature) whose influence on mood has been demonstrated in available scientific research in psychology, neuroscience and psychophysiology (the "Stimuli"). Due to individual differences in sensitivity to the Stimuli, the impact of using the Programs on the User may be lower or higher than typically observed.
6. The App can be downloaded from the stores:
  1. App Store,
  2. Google Play,
  hereinafter referred to as "Stores".
7. Downloading the App as well as using the Service is free of charge. Data transmission costs are covered by the User.
8. The Operator grants the User a free‑of‑charge, royalty‑free, nonexclusive license for the personal use of the App by installing and running it on User’s mobile devices connected to the User’s account used for the App’s download from the Store.
9. The App can be downloaded and installed by users of smartphones or tablets meeting the technical requirements listed below:
  1. For the App’s version downloaded from App Store ‑ the operating system iOS 8.0 or later and a minimum of 90 MB of available storage,
  2. For the App’s version downloaded from Google Play ‑ the operating system Android 4.1 or later and a minimum of 140 MB of available storage.
10. In the App, through the in‑app purchase mechanism, the User can unlock an upgrade that increases the number of available different Activities (the "Upgrade"). After unlocking the Upgrade, the set of Activities in Programs changes daily.
  1. The User's cost of unlocking the Upgrade is as on the in‑app purchase pop‑up window generated by the Store and is charged from the User's account in the Store.
  2. In case of installing the App on another device connected with the same User's account in the Store, the User can unlock in the App a previously purchased Upgrade free of charge.
GENERAL RULES FOR THE USE OF THE APP AND THE SITE
1. The User is obliged to use the App and the Site in a way that conforms with the law, the Terms, the Store’s terms and conditions, and with the rules of social coexistence.
2. The User is obliged to use the App and the Site in a way that does not interfere with its functioning nor is burdensome for the Operator.
3. The App and the Site and all of their contents, their selection and the way they are presented, including but not limited to, all characters, texts, graphical elements, and logotypes are subject of exclusive rights of the Operator or third parties. It is forbidden to copy, distribute, publish or transmit Programs or their fragments in any form and using any method without obtaining a prior written consent from the Operator.
4. The data related to the way the App and the Site are being used is collected, stored, and processed by the Operator. A detailed description of the Privacy Policy is published in a separate document.
5. By sending feedback and comments regarding the App or suggestions regarding the App’s improvements or business done by the Operator related to the App (collectively: the "Suggestions"), in particular but not limited to, through the App or by an e‑mail to contact@moodpresso.com, the User grants the Operator a free‑of‑charge, irrevocable, and transferable license for storing, modifying, using, publishing, and implementing the Suggestions in the form and scope the Operator deems appropriate, for unlimited audience and without time and territory limitations, which in regards to contents satisfying the conditions for a work within the meaning of the provisions of the Act of 4 February 1994 on Copyright and Related Rights is equivalent to a non‑exclusive license in the relevant scope.
6. The User declares that he or she is the only author of the Suggestions and declares to not question at any time Operator’s use, in any form and scope, of the User’s Suggestions nor have any claims arising from the Operator’s exploit of the Suggestions.
7. The Operator informs and the User declares to acknowledge that performing Programs provided within the Service is not a substitute to natural recovery and the observed effect of performing a Program, in particular but not limited to, in a state of sleep deprivation, exhaustion, or under influence of psychoactive substances of any type, may not reflect the actual mental state of the User and should be taken with the utmost caution.
8. The Operator informs and the User declares to acknowledge that the Programs provided within the Service shall not be performed while driving, operating heavy machinery, or performing other tasks that require attention and concentration.
9. The Operator informs and the User declares to acknowledge that performing a Program may result in temporary changes in the level of hormones and neurotransmitters, including but not limited to, in the level of: dopamine (increase), endorphins (increase), testosterone (increase), serotonin (increase), oxytocin (increase), cortisol (decrease), epinephrine/adrenaline (decrease), norepinephrine/noradrenaline (decrease).
10. The Operator informs and the User declares to acknowledge that the purpose of the Service is not to cure or help in treating mood disorders, or any diseases or disorders associated with abnormal levels of hormones or neurotransmitters, and that if the User has such a disorder, he or she may use the Service only after getting doctor’s approval and under medical supervision.
OPERATOR’S RESPONSIBILITY
1. The User declares to acknowledge that he or she performs the activities proposed as part of the Programs, including the physical exercises, at his or her own risk and responsibility. The Operator declares and the User agrees that the Operator shall not be liable for any adverse effects of performing these activities arising out of the User’s state of health.
2. The Operator informs and the User declares to acknowledge that an increase in testosterone level caused by performing a Program may temporarily increase User’s propensity to take risks. The Operator declares and the User agrees that the Operator shall not be liable for any damage caused to the User or third parties, arising out of any risky behavior of the User.
3. The Operator informs and the User declares to acknowledge that the expected changes in the level of hormones and neurotransmitters stated in the App are indicative only and the Operator can not guarantee their occurrence in the User.
TERMINATION OF THE USE OF THE APP
1. The User may at any time terminate the use of the App, in particular if the User does not accept the amendments made to these Terms, Privacy Policy, or the App’s modifications. The termination of the use of the App requires its uninstallation from User’s mobile devices.
2. If it is determined that the User is committing acts prohibited by law or the Terms, or violating the rules of social coexistence, or affecting the justified interests of the Operator, including his good name, the Operator may take any law‑permitted actions, including restricting the User’s use of the App and provided Service.
COMPLAINTS
1. Any complaints with respect to the App and the Service provided ("Complaint"), as well as questions regarding the use of the App should be directed to the Operator by email to contact@moodpresso.com.
2. The Complaint should include in its content: the name and model of User’s mobile device, the current version of the operating system installed on the device, version of the App, a precise description and reason for the complaint.
3. The Complaint must be submitted within 30 days from the emergence of the complaint’s subject.
4. Within 30 workdays of receiving the Complaint, the Operator shall examine it and inform the User, via e‑mail, about the way it is to be handled. If the Complaint information requires supplementing, the Operator shall, prior to the Complaint’s reviewal, ask the User for supplementation. Time taken by the User to provide the supplementation extends the timeframe for Complaint’s examination.
AMENDMENTS TO THE TERMS AND ACCESS TO THE TERMS
1. Current Terms are available on the web page www.moodpresso.com/terms. A link to the Terms is available in the App’s main menu.
2. The Operator reserves the right to make changes to the Terms for important reasons at any time. Changes may be dictated by changes in applicable law, changes in technological, legal, economic, or organizational aspects of the Operator’s business, as well as changes in the offered Service. Amendments to the Terms take effect upon posting the amended Terms on the web page www.moodpresso.com/terms. The changes are considered accepted by the User from the moment of his or her subsequent use of the App.
FINAL PROVISIONS
1. The Terms are subject to Polish law.
2. Matters not regulated herein shall be governed by applicable laws.
3. In case of differences in interpretation, the Polish version of the Terms is binding in all respects.