The agreement between you and Appify sp. z o.o. covering your use of the Ovify mobile application.
These Terms of Service (the "Terms") form a binding agreement between you ("you", "user") and Appify sp. z o.o. ("we", "us", "our"), a limited liability company registered in Poland (KRS 0001238642, NIP 5273217273, share capital PLN 5,000, registered office: ul. Marcina Kasprzaka 31/119, 01-234 Warsaw, Poland). These Terms govern your use of the Ovify mobile application (the "App").
By installing, accessing or using the App you agree to these Terms. If you do not agree, you must not use the App.
These Terms incorporate by reference the Privacy Policy, the End User License Agreement (EULA), the Subscription Terms and the Medical Disclaimer. The documents together govern your use of the App.
You must be at least 16 years old to use the App in the European Economic Area and Switzerland, and 13 years old to use the App elsewhere. Where you are under the age of majority in your jurisdiction you must have the consent of a parent or legal guardian before using the App.
You also represent that you are not located in, or a national of, any country or region subject to a comprehensive U.S. Government embargo, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
The App does not require an online account. All data you enter is stored locally on your device as described in the Privacy Policy. You are responsible for safeguarding your device, for the accuracy of the data you enter, and for any backups you choose to create.
You retain ownership of the data you enter ("Your Content"). You grant us a worldwide, royalty-free, non-exclusive license to process Your Content solely to the extent necessary to operate the App's features. We do not use Your Content to train AI models and we do not sell it.
Subject to these Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App for your personal, non-commercial purposes. The full license terms are set out in the EULA.
You agree not to:
Ovify AI is built on Apple Intelligence's on-device foundation model. Responses are generated by a probabilistic AI model and may be incomplete, outdated, incorrect, or hallucinated. Please read the Medical Disclaimer — Ovify AI is not medical advice. You are solely responsible for the content of messages you submit and for any decision you take on the basis of a response.
We reserve the right to rate-limit or to filter content that violates Section 4 above, and to discontinue the assistant or substitute an alternative model.
A standalone Subscription Terms document forms part of this contract and is incorporated by reference. The headlines are:
If you are a consumer resident in the European Economic Area or Switzerland, you have a statutory right of withdrawal within 14 days of concluding the contract under Directive 2011/83/EU (transposed into Polish law in the Act on Consumer Rights of 30 May 2014) and equivalent national laws. You acknowledge that by beginning to use digital content immediately upon purchase of a subscription you expressly request the immediate supply of the content and you lose your right of withdrawal once the content has been fully supplied, as permitted by Art. 16(m) of that Directive.
The App integrates with third-party services (Apple, RevenueCat, device HealthKit, device calendar). Your use of those services is governed by their terms and privacy policies. We are not responsible for the availability, content, accuracy or conduct of any third-party service.
The App, its source code, design, text, graphics, icons, illustrations, animations, and other content (other than Your Content and third-party open-source software) are owned by us or our licensors and are protected by copyright, trademark and other laws. Nothing in these Terms transfers ownership of any intellectual-property right to you. All rights not expressly granted are reserved.
Except for warranties that cannot be excluded under applicable consumer-protection law, the App is provided "as is" and "as available", without any warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and uninterrupted availability. We do not warrant that the App will be error-free, or that predictions or insights generated by the App will be accurate for your individual circumstances.
Please read the Medical Disclaimer carefully. The App is not a medical device and is not a substitute for professional medical advice, diagnosis or treatment. The App's predictions, insights and symptom recommendations are statistical estimates and information for general wellness purposes only. Do not rely on the App as the sole basis for any contraceptive or medical decision.
Nothing in Section 9 limits any non-excludable statutory right you have as a consumer under the law of your country of residence, including rights under Directive (EU) 2019/770 on contracts for the supply of digital content and digital services and, where applicable, the Polish Civil Code and the Polish Act on Consumer Rights.
To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with these Terms or the App — whether in contract, tort (including negligence), under statute or under any other theory — shall not exceed the greater of (a) the total amount you paid us in the twelve (12) months preceding the event giving rise to liability, or (b) twenty U.S. dollars (US$20).
To the maximum extent permitted by applicable law, we shall not be liable for indirect, consequential, incidental, special, exemplary or punitive damages, or for loss of profits, revenue, data, goodwill or other intangible losses, even if advised of the possibility of such damages.
EEA / Swiss consumers. Nothing in these Terms limits or excludes our liability for (i) death or personal injury caused by our negligence, (ii) fraud or fraudulent misrepresentation, (iii) gross negligence or willful misconduct, or (iv) any other liability that cannot be limited or excluded under applicable law, including under the Polish Civil Code. Your non-excludable statutory rights as a consumer are not affected by anything in this Section.
U.S. users. Some U.S. jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. If you are located in such a jurisdiction, the limitations above apply only to the maximum extent permitted by applicable law.
To the extent permitted by applicable law and subject to Section 9.3, you agree to defend, indemnify and hold us harmless from and against any third-party claims, damages, liabilities, losses and expenses (including reasonable lawyers' fees) arising out of (i) your material breach of these Terms, (ii) Your Content, or (iii) your violation of any law or the rights of any third party.
This Section does not apply to EEA / Swiss consumers except to the extent permitted by applicable consumer-protection law.
You may stop using the App at any time by deleting it from your device. We may suspend or terminate access to all or part of the App if you materially breach these Terms, if we are required to do so by law, or if we discontinue the App.
Sections that by their nature should survive termination — including Sections 2 (your content license), 8 (intellectual property), 9 (disclaimers), 10 (limitation of liability), 11 (indemnification), 14 (governing law and dispute resolution) and this Section — shall survive.
We may update these Terms from time to time. Material changes will be brought to your attention in the App before they take effect. The "Last updated" date indicates the most recent version. Continued use of the App after the effective date of updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the App.
These Terms and any dispute arising out of or in connection with them or the App are governed by the laws of the Republic of Poland, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods. This clause does not deprive EEA or Swiss consumers of the protection of mandatory provisions of the law of their habitual residence.
If you are a consumer resident in the European Economic Area or Switzerland, you may bring proceedings before the competent courts of your country of residence and are entitled to the protection of the mandatory rules of that country. EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.
If you reside in the United States, please read this Section carefully. It affects your legal rights.
You and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the App shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced. Arbitration shall be conducted remotely — by telephone, video conference and written submissions — under the AAA's procedures for remote consumer arbitration. In-person hearings will be held only if the arbitrator determines that the case cannot fairly be resolved remotely, in which case the hearing will take place at a location reasonably convenient to you.
You and we agree that any arbitration shall be conducted only on an individual basis and not as a class, collective, consolidated, mass, representative or private-attorney-general action. If this prohibition is found to be unenforceable in any proceeding, the entire arbitration provision shall be void.
You may opt out of this arbitration provision by sending a written opt-out notice to support@ovify.app within 30 days of first accepting these Terms. The notice must state your name, the device on which the App is installed, and a clear statement that you are opting out.
Nothing in this Section prevents either party from bringing an individual claim in small-claims court if eligible, or from seeking injunctive relief to protect intellectual-property rights.
These Terms, together with the Privacy Policy, the EULA, the Subscription Terms, the Accessibility Statement and the Medical Disclaimer, constitute the entire agreement between you and us concerning the App and supersede any prior agreement on the same subject. If any provision is held unenforceable, the remaining provisions will remain in effect.
Appify sp. z o.o.
ul. Marcina Kasprzaka 31/119
01-234 Warsaw, Poland
KRS: 0001238642 — NIP: 5273217273 — Share capital: PLN 5,000
support@ovify.app