The GAIA app has been created solely for the purpose of supporting women in self-monitoring the symptoms of perimenopause and menopause and consciously taking actions to support the process of improving well-being and professional treatment. The GAIA app is NOT a medical device, does NOT replace the advice of doctors and specialists, does NOT make diagnoses, and does NOT analyze medications. The GAIA app helps you follow doctor's recommendations and – if the user uses such functionality – in monitoring the physical and psychological well-being of women.

§ 1 Preliminary provisions

1. The Owner and Operator of the Application is GAIA Prosta Spółka Akcyjna with its registered office in Radom at ul. Kazimierza Pułaskiego 6/10, 26-600 Radom, entered into the Register of Entrepreneurs maintained by the District Court Lublin-Wschód in Lublin with its registered office in Świdnik, 6th Commercial Division of the National Court Register, KRS: 0001170978, REGON: 541641332, NIP: 7963037584, share capital PLN 100.

   
   

2. In any matter related to the operation of the Application, the User is asked to contact us by e-mail gaia-support@mygaia.app.
   
   

3. These Regulations specify in particular:

   
   

1. the type and scope of Services provided electronically by the Operator,

   
   

2. conditions for the provision of Services by electronic means, including technical requirements necessary for cooperation with the IT system used by the Operator,

   
   

3. conditions for concluding and terminating the Agreement,

   
   

4. complaint procedure.

   
   

4. Only registered Users may use the Application.

   
   

5. Application Users are obligated to adhere to the principles of social coexistence, generally accepted social norms, and respect the reputation and legal interests of the Operator and other Users. Any actions that result in copyright infringement of content posted on or accessible through the Application are prohibited.

   
   

6. The Operator reserves the right to delete the Account or temporarily block the use of the content posted in the Application or Services by Users who violate or do not respect the provisions of the Regulations.

   
   

7. Before using the Application, each User is obliged to read the Regulations and comply with their provisions.

   
   

8. These Regulations are made available to Users free of charge via the Operator's website and are also available in the Application.

   
   

9. The application is not and under no circumstances can be treated as a tool for diagnosing specific disease cases.

   
   

10. The application does not and cannot be considered a substitute for a direct examination by a doctor.
    
    

11. The application is not a tool and cannot be used as a tool for self-diagnosis and self-treatment. – At most, it is a supplement and support in the treatment process determined by the doctor.

    
    

12. These Terms of Use constitute an agreement concluded solely between the User and the Operator, and not with Apple Inc. ("Apple"). The Operator is solely responsible for the Application and its content.
    
    

§ 2 Terms and definitions

1. Whenever these Regulations refer to:

1. App – this should be understood as the GAIA application, enabling the use of the Services provided by the Operator. The Operator is the owner of the Application.
   
   

2. Price-list - this shall be understood as a list presenting the types of available paid Services, Fees and related Subscription Periods.
   
   

3. Medical Data – medical data concerning the User's health condition, which were entered into the Application by the User himself or were downloaded directly from the User's Device after obtaining the User's voluntary and informed consent.

   
   

4. Personal Data - this shall be understood as any information relating to an identified or identifiable natural person, in particular based on an identifier such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
   
   

5. Registration Form – this should be understood as an interactive form available in the Application, enabling the creation of an Account, requiring the User to provide Personal Data.
   
   

6. Password – it should be understood as a sequence of characters consisting of at least 8 characters, including numbers and letters, individually created by the User, the provision of which is required in the registration process and enables further use of the Application and access to the Account.

   
   

7. Civil Code – this should be understood as the Act of 23 April 1964, the Civil Code.
   
   

8. Account – this should be understood as an Account dedicated to the User, enabling the use of functionalities available within the Application.
   
   

9. Consumer – any natural person entering into a legal transaction with the Operator that is not directly related to his or her commercial, business, craft or freelance activity.

   
   

10. Newsletter – this should be understood as a free Electronic Service provided by the Operator, consisting in providing, via e-mail, information about new products available in the Application, changes in the Services and functionalities provided, news and updates on the wellness market or other commercial information related to the activities of the Operator.

    
    

11. Subscription Period – this should be understood as the time specified in the Price List, entitling the User to use the Application.
    
    

12. Operator – it shall be understood as a company under the name GAIA Prosta Spółka Akcyjna with its registered office in Radom at ul. Kazimierza Pułaskiego 6/10, 26-600 Radom, entered into the Register of Entrepreneurs maintained by the District Court Lublin-Wschód in Lublin with its registered office in Świdnik, 6th Commercial Division of the National Court Register, KRS: 0001170978, REGON: 541641332, NIP: 7963037584, share capital PLN 100.
    
    

13. Fee – depending on the situation, this shall be understood as the Subscription Fee or another fee indicated in the Price List.
    
    

14. Subscription Fee – this should be understood as a fee, in the amount specified in the Price List, charged by the Operator, enabling the use of the Premium Package during the Subscription Period.
    
    

15. Premium package – this should be understood as a package of access to functionalities offered to Users by the Operator on the terms and conditions specified in the Regulations, covered by the Subscription Fee.

    
    

16. Privacy Policy – this should be understood as the policy of processing Personal Data by the Operator in connection with the User's use of the Application.
    
    

17. Agreement – this should be understood as an agreement for the provision of electronic services concluded between the Operator and the User in connection with the use of the Application under the terms and conditions specified in these Regulations.
    
    

18. Device – this should be understood as portable electronic devices that allow processing, receiving and sending data without the need to maintain a wired connection to the network, such as a smartphone, computer or tablet.
    
    

19. Services - this should be understood as services provided electronically offered by the Operator within the Application, in particular those indicated in § 3 of the Regulations.
    
    

20. User – this is understood as a User who is a Consumer, having full legal capacity, who uses the functionality of the Application after creating a User Account.  
    
    

2. In every case where the singular is used in the definitions above to describe a designated action, person or thing, these definitions shall apply accordingly to the plural, and when the plural is used, these definitions shall apply accordingly to the singular.

§ 3 Services provided by the Operator

1. The Operator provides Services via the Application.

   
   

2. The application is dedicated to users interested in managing the symptoms of perimenopause and menopause in order to improve the quality of life.

   
   

3. The provision of Services is carried out in accordance with the principles set out in these Regulations.

   
   

4. Within the Application, the User may use, in particular, the following Services:

   
   

1. Account Service;

2. Educational service;

3. Medical Data Collection and Storage Service;

4. Individual wellbeing recommendation service;

5. Newsletter service.

   
   

5. The educational service includes, in particular, providing Users with the ability to communicate with a bot supported by artificial intelligence systems, which educates about the symptoms and course of perimenopause and menopause by answering questions asked by Users, based on source documents (e.g. scientific articles and educational materials).

   
   

6. The Medical Data collection service may consist of both the automatic transmission of Medical Data by the Device to the Application, as well as manual entry of such Medical Data into the Application.

   
   

7. The Medical Data storage service includes in particular: (i) the ability to import the User’s Medical Data into the Application and (ii) the ability to download Medical Data from the Application and save it on the Device in a format, e.g. PDF.

   
   

8. A service of individual well-being recommendations, which involves in particular the analysis of Medical Data and other data entered by the User into the Application in order to present recommendations regarding, for example, diet, exercise or supplements that may have a positive impact on the User's well-being.

   
   

9. The Application may contain links to websites managed by third parties. Users use third-party resources at their own risk. The Operator assumes no responsibility for the accuracy, currency, or completeness of the data contained on third-party websites accessed through links. After clicking on a link, the User is obligated to familiarize themselves with the terms and conditions and privacy policy of the third party.

   
   

10. The Application and the content collected within the Application are protected under generally applicable laws, in particular the provisions of the Act of 27 July 2001 on the Protection of Databases and the provisions of the Act of 4 February 1994 on Copyright and Related Rights. Use of the Application must not violate the normal use of databases or harm the legitimate interests of the Operator. In the event of unauthorized use of the databases or their content, the Operator may seek compensation from entities infringing the rights to the databases or their content and demand that the infringement cease. The User may use the databases only to the extent necessary to perform the Agreement.

    
    

§ 4 Using the Application

1. In order for Users to use the Application, it is necessary to:

   
   

1. having an active electronic mail (e-mail) account;

   
   

2. using a Mobile Device with Internet access, equipped with an operating system:

   
   

1. the latest version of Android or 2 versions back,

   
   

2. the latest version of iOS or 2 versions back;

   
   

3. having at least 1.5 GB of RAM on the Mobile Device;

   
   

4. using the current version of the Google Play Store or AppStore application, which enables the use of a given store;

   
   

5. correct installation of the Application on the Mobile Device.

   
   

2. The Operator is not a provider of data transmission services. The costs of data transmission required to conclude the Agreement and use the Services provided within the Application are borne by Users themselves, based on separate agreements concluded with telecommunications operators or other internet providers.

   
   

3. The Operator will make every effort to ensure that data transmission via the Internet is
   When using the Application, the security of the information transmitted is maintained, i.e., the confidentiality, integrity, and completeness of the data transmitted are maintained. In particular, the Operator takes the necessary technical and organizational measures to secure the Services provided via the Application, in particular to prevent the unlawful acquisition of Users' Personal Data or Medical Data by third parties. The Operator declares that regardless of the actions taken to secure the Application, due to the public nature of the Internet, Users should be aware of the risk of unauthorized access to and modification of User data. To increase the security of their Devices and data, Users should also use appropriate technical and organizational measures to minimize the threats indicated above by using antivirus and identity protection software.
   
   

4. The recording, securing and making available of data and other terms of the Agreement takes place via:

   
   

1. email associated with the Account;

   
   

2. Application – After logging in to his Account, the User can check data, including information about the Services he uses or may use.

   
   

5. Any unusual signs of the Application's operation, in particular a different appearance (graphics), unusual messages, or images, without prior notice from the Operator to Users regarding the possibility of such occurrences, may indicate an attempt to unlawfully obtain a password or other unlawful activity by third parties. In such circumstances, the Operator recommends immediate discontinuation of use of the Application.

   
   

6. The Application can be used 24 hours a day, 7 days a week.

   
   

7. The Operator is not responsible for technical problems or technical limitations of the Devices or the internet connection used by the User, which prevent the User from using the Application.

   
   

8. The Operator declares that in the event of the need to carry out maintenance of the Application or introduce changes to its operation, some or all functionalities may be temporarily unavailable.

   
   

9. The Operator declares that it will use reasonable efforts to ensure uninterrupted operation of the Application. The Operator has the right to interrupt the operation of the Application for the purposes of updates, maintenance, and functionalities and Services provided through the Application. Technical interruptions may be made at any time, during which certain functionalities and Services provided through the Application may be limited or unavailable. The Operator ensures that the total duration of unavailability of the Application for the reasons referred to in the preceding sentence will be as short as possible and assumes that it should not exceed 4 hours. The unavailability of the Application referred to in the preceding sentences does not constitute a breach of the Agreement.

   
   

10. The User may use all information and materials made available in the Application only through their use, unless the Operator specifies otherwise. Materials and information available in the Application may be marked with a digital watermark by the Operator. The Operator takes the necessary technical and organizational measures to secure the Services provided through the Application, in particular to prevent the unlawful acquisition of Users' Personal Data and Medical Data by third parties.

    
    

§ 5 Registration

1. Users interested in accessing the full functionality of the Application should register an Account.

   
   

2. Registration allows you to create an Account.

   
   

3. Registration and maintenance of the Account are free of charge, excluding the Premium Account.

   
   

4. Before starting the registration procedure, the User is obliged to read and accept the Regulations and Privacy Policy.

   
   

5. After correctly completing and submitting the Registration Form, the User will receive access to the Application.

   
   

6. The Agreement for the provision of the Account Service is concluded with the Operator upon receipt by the User of confirmation of Account registration.

   
   

7. The Account Service Agreement is concluded in Polish for an indefinite period, unless the parties agree otherwise.

   
   

8. The User's e-mail address provided in the Registration Form is associated with the Account and will be used for all correspondence related to the provision of the Services.

   
   

9. The user accepts the need to have a current, active e-mail address.

   
   

10. The User gains access to the Account using an identifier – login in the form of a valid e-mail address and a Password.

    
    

11. If the User does not agree to the provisions of the Regulations or the Privacy Policy, he or she may not use the Application.

    
    

12. The User is fully responsible for incorrectly entered data in the Registration Form and other data provided when using the Application.

    
    

13. The User is obligated to keep their Account information up-to-date. Providing incomplete or false information is prohibited.

    
    

14. The User is entitled to have only one active Account in the Application.

    
    

15. The User may not share data enabling other Users or third parties to log in to the User Account.

    
    

§ 6 Termination of the Account Service Agreement

1. The User and the Operator may terminate the Account Service Agreement at any time, without giving any reason, with a notice period of 30 days counted from the end of the calendar month of receipt of the declaration referred to in paragraph 2 or 3, respectively.

   
   

2. The User may submit a declaration of termination of the Account Service Agreement in writing, via e-mail or via the Application.

   
   

3. The Operator shall submit a declaration of termination of the Agreement to the User via e-mail to the User's address associated with the Account.

   
   

4. After the notice period referred to in paragraph 1 has elapsed, logging in to the Account and using the functionalities of the Application available within the Account will no longer be possible.

   
   

5. The Operator reserves that, within the limits permitted by law and in the event of a breach by the User of the provisions of the Regulations, legal regulations or good practices, the Operator may terminate the Agreement without observing the deadline referred to in paragraph 1.

   
   

6. The Operator shall be entitled to terminate the Agreement with immediate effect if, for reasons beyond the control of the Operator, the performance of the Agreement has become impossible.

   
   

7. The Operator will inform the User about the termination of the Agreement via e-mail to the User's address associated with the Account.

   
   

8. Termination of the Account Service Agreement is tantamount to blocking the User's access to the Account.

   
   

9. With the termination of the Account Service Agreement, the remaining agreements between the Operator and the User regarding the Services provided within the Application expire.

   
   

§ 7 Medical Data

1. The confidentiality of Medical Data is the highest priority for the Operator in the operation of the Application. Therefore, the Operator stores all Medical Data using encryption mechanisms that prevent it from being read by third parties. Medical Data can only be read on the User's Device.

   
   

2. The User is the sole controller of the Medical Data. This means that only the User can decide whether to disclose the Medical Data to other entities.

   
   

3. Detailed information regarding the processing of Users' Personal Data, including Medical Data, is available in the Privacy Policy.

   
   

§ 8 Withdrawal from the Account Service Agreement

A User who is a Consumer who has concluded an Agreement regarding Account management may withdraw from it within 14 days of concluding the Agreement without providing a reason. To exercise the right to withdraw from the Agreement, the User should submit a declaration of withdrawal to the Operator. A declaration of withdrawal from the Agreement may be submitted, among other ways, using the form attached as Appendix 1 to the Terms and Conditions or by any other clear declaration. To meet the deadline for submitting a declaration of withdrawal from the Agreement, it is sufficient to send it before the deadline expires.

§ 9 Payments

1. The use of the Application by the User is subject to payment under the terms and conditions specified in this paragraph.

   
   

2. The User is informed about the amount of the Fee, in accordance with the Price List, before it is incurred, in the form of a message posted in the Application.

   
   

3. For ordering a Premium Package, the User is charged a Subscription Fee in accordance with the Price List. In special cases, the terms of the Subscription Fee and its payment may be agreed individually with the User or a group of Users under a separate Agreement.

   
   

4. The Premium Package Service is activated when the payment is credited to the Operator's bank account.

   
   

5. Confirmation of the order and activation of the Premium Package Service will be sent to the User to the e-mail address associated with the Account.

   
   

6. For Users using the App on iOS, payments for the Premium Package are made via the User's Apple ID account, in accordance with the Apple App Store terms and conditions. The subscription fee will be charged to the Apple ID account upon confirmation of purchase.

   
   

7. Your subscription automatically renews unless auto-renew is turned off in your Apple ID account settings at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours before the end of the current period at the then-current pricing.

   
   

8. You can manage your subscriptions and turn off auto-renewal by going to Account Settings on your device after purchase. Cancellation during an active subscription period will not result in a refund for any unused portion of that period, unless otherwise required by law or Apple's terms and conditions.

   
   

9. For payments made through the Apple App Store, the User's payment is collected by Apple in accordance with the Apple App Store Terms and Conditions and then settled with the Operator. As between the User and the Operator, the Fee is deemed to be paid upon successful debiting of the User's Apple ID account.

   
   

10. The Operator reserves the right to change the Price List, introduce new Services, withdraw Services, run promotions and discounts, and introduce and cancel promotional campaigns. This right does not affect Services for which orders were placed before the effective date of any such changes.

    
    

§ 10 Complaint

1. Any complaints regarding improper performance of the Agreement by the Operator should be reported to the Operator via e-mail to the following address: gaia-support@mygaia.app or by reporting a problem from the panel available after logging in to the Application.
   
   

2. The User will receive confirmation of submitting a complaint to the e-mail address associated with the Account.

   
   

3. The complaint should include:

   
   

1. name and surname,

2. email address,

3. subject of the complaint;

4. indication of the date the problem occurred and its duration.

   
   

4. Correctly submitted complaints will be considered immediately, but no later than within 14 days from the date of receipt of the complaint from the User.

   
   

5. The Operator will inform the User via e-mail about the procedure for handling the complaint.

   
   

6. If the data or information provided in the complaint requires supplementation, the Operator will request the User to provide additional information before reviewing the complaint. The time required for the User to provide additional clarification extends the complaint review period.

   
   

7. If the complaint procedure does not bring the result expected by the Consumer, the User who is a Consumer may use, among others:

   
   

1. assistance from the appropriate European Consumer Centre, a member of the European Consumer Centres Network (ECC-Net). The Centres inform consumers about their rights and help resolve individual problems related to cross-border transactions. Assistance from Consumer Centres is generally free of charge. A list of the relevant Centres for each country can be found at: http://www.konsument.gov.pl/pl/eck-w-europie.html; 
   
   

2. Mediation is conducted by the relevant Provincial Trade Inspectorate, to which you should apply for mediation. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595; 
   
   

3. assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
   
   

4. free assistance from the municipal or district consumer ombudsman.

   
   

§ 11 User Obligations

1. Users are obliged to use the Application in a manner consistent with applicable law, these Regulations, as well as the rules of social coexistence, including the general principles of using the Internet, and with respect for the rights of third parties and the Operator.

   
   

2. The User is obligated to refrain from providing illegal or offensive content, content that has been disabled for publicity, content that violates the personal rights of third parties, incites to commit a crime, as well as vulgar statements or statements that in any way violate applicable social and moral norms, rules of social coexistence on the Internet (netiquette), and advertising content without the Operator's prior consent. In particular, it is prohibited to:

   
   

1. posting and using Personal Data of other people without proper basis;

   
   

2. disrupting, blocking, overloading, interrupting, slowing down or hindering the normal functioning of all or part of the Application;

3. posting content that infringes the rights of third parties, including intellectual property rights;

   
   

4. posting vulgar content or content containing vulgarisms, content generally considered offensive, degrading, erotic, and disseminating false information or any other content that may mislead Users, including as to the scope and nature of the User's activities;

   
   

5. posting content promoting the use of drugs, psychoactive substances, alcohol abuse or gambling, as well as any other behaviors the promotion of which is prohibited;

   
   

6. delivering malware;

   
   

7. interfering in any way with the content and appearance;

   
   

8. carrying out reverse engineering processes in relation to the Application, decompiling, disassembling, decrypting, disassembling, translating, deconstructing, adapting or using other methods of discovering the source code or interfering with the Application in any other way;

   
   

9. spamming activities, as well as activities constituting an act of unfair competition or unfair market practice;

   
   

10. posting content that undermines the good name or reputation of the Operator;

    
    

11. creating fake accounts;

    
    

12. posting links to pages and files containing any of the content indicated above.

    
    

3. Users are obligated to immediately notify the Operator of any threat or infringement of their rights or the rights of third parties in connection with their use of the Application. All notifications should be submitted to the Operator via email.

   
   

4. The Operator reserves the right to terminate the Agreement immediately if the User breaches the provisions of these Regulations.

   
   

5. The Operator also reserves the right to seek compensation for any damages resulting from the User's failure to comply with the rules set forth in these Terms and Conditions. This is independent of the civil liability to third parties or criminal liability that may arise in such cases.

   
   

§ 12 Operator's liability

1. The User uses the Application voluntarily.

   
   

2. The Operator excludes liability towards Users for damages resulting from the lack of continuity in the provision of Services, including those resulting from circumstances for which the Operator is not responsible (e.g. force majeure, DDoS attacks, unavailability of infrastructure resulting from the fault of the hosting service provider or the internet platform itself).

   
   

3. The Operator shall not be liable for any malfunction of the User's Devices resulting in the inability to use the Application, as well as for the consequences of Users' failure to comply with the technical requirements referred to in § 4 of the Regulations.

   
   

4. The Operator conducts ongoing supervision over the technical functioning of the Application, ensuring its proper operation, but does not guarantee that the Application will be error-free and that it will operate without interruptions.

   
   

5. The Operator, to the maximum extent permitted by law, is not liable for:

   
   

1. Users use the Application in a manner inconsistent with the provisions of these Regulations, in particular the User shall not be liable for any damage caused as a result of the User providing false data and information;

   
   

2. consequences resulting from the use of the login and Account Password by third parties, which may consist in the execution of instructions submitted via the Application by an unauthorized person;

   
   

3. limitations or technical problems in the IT systems used by User Devices, which prevent or limit Users from using the Application;

   
   

4. loss of data caused by failure of equipment, IT services or other circumstances beyond the control of the Operator;

   
   

5. any damages or viruses that may infect your Devices or other property as a result of accessing the Application or downloading any content from the Application;

   
   

6. any failure or delay (including, without limitation, the use of or inability to use any aspect of the Application);

   
   

7. unsatisfactory quality and performance of the Application.

   
   

6. The Operator declares that it makes no guarantees or warranties as to the accuracy or content of any materials and content published on the Application that the User downloads from the Application, or whether any content or materials will be available.

   
   

7. The purpose of the Application and the Operator is not to promote any physicians, medical entities, medicinal products or medical devices, or entities producing or distributing these products.

   
   

8. The Operator is not responsible for the effectiveness and results of treatment methods used by Users with the support of the Application.

   
   

9. The User acknowledges that the Application is only a tool intended to support and facilitate the User in following the recommendations received from a physician and entered into the Application by the User. The Operator is not responsible for the User's health and well-being, nor for any deterioration in physical or mental well-being resulting from the use of the Application and the messages it transmits.

   
   

10. The Operator shall not be liable for the disclosure of Medical Data by the User, nor shall it be liable for the disclosure of Medical Data by other entities that came into possession of Medical Data as a result of the User's failure to comply with the provisions of the Regulations, in particular with regard to the prohibition of disclosing the Password to access the Account to third parties.

    
    

11. The Operator does not analyze, check or control with whom the User shares Medical Data.

    
    

12. The Operator is not responsible for unintended use of the Application, in particular for its use by the User for diagnosis.

    
    

13. If any of the provisions of these Regulations would lead to a limitation of the rights of the Consumer to which he is entitled under mandatory provisions of law, the application of which in relations with the Consumer cannot be limited or excluded – in relation to the User who is a Consumer – these provisions of the Regulations shall not apply.

    
    

14. The User is fully responsible for any actions or omissions he or she undertakes within the Application.

    
    

§ 13 Bot – user support using AI systems

1. As part of the Application, the Operator provides Users with the ability to use the Bot, i.e. a remote support system for Users in the process of seeking professional knowledge regarding symptoms and methods of their treatment or other procedures.

   
   

2. The Operator declares, and each User acknowledges and accepts, that the hints or recommendations provided by the Bot do not constitute any recommendation or advice, in particular medical advice, and do not replace the User's obligation to consult a given action with an expert in a given field.

   
   

3. You may not use the Bot to discover elements underlying models, algorithms and systems.

   
   

4. You may not use any web scraping, web scraping, or web extraction methods to extract data from the Bot Service.

   
   

5. You may not use the Bot Service to create, train, or improve (directly or indirectly) any other artificial intelligence services.

   
   

6. The User acknowledges that the artificial intelligence models used by the bot may not guarantee accurate and relevant recommendations and the User is solely responsible for any decisions made based on the suggestions received from the bot.

   
   

7. The User, to the maximum extent permitted by law, waives any claims against the Operator related to the use of the bot and related to any information transmitted by the bot.

   
   

§ 14 Protection of the Application's intellectual property rights

1. The Operator is entitled to all intellectual property rights to the Application and its individual elements (including trademarks), therefore using the Application in a manner or for purposes inconsistent with the Regulations or generally applicable law is prohibited and results in the User's liability towards the Operator.

   
   

2. It is indicated in particular that:

   
   

1. the program (including the source code) on which the operation of the Application is based and its interface (the graphical and functional layer seen by the User), as well as all graphic, multimedia and creative functional elements of the Application, are subject to copyright protection;

   
   

2. all elements of the Application, including the ideas and solutions used, as well as the know-how used in the Application constitute legally protected business secrets of the Operator and are confidential.

   
   

3. Upon conclusion of the Agreement, for the duration of the Agreement, the Operator grants the User a non-exclusive, non-transferable license, i.e., without the right to sublicense and non-transferable, to use the Application in accordance with its intended purpose. In the case of the Application, the User has the right to reproduce the Application for the time and to the extent necessary to launch, operate, and store the Application on the User's Device; to store it in the memory (including RAM) of the Device, to save it in the memory of the Device, and to display it on that Device; to temporarily reproduce it in the memory of a mobile Device, necessary to use the Application, and to adapt the Application necessary to use it via the Device (hardware and software configuration). Performance of the Agreement includes making the Application's functionality available to its Users via the Internet or other computer networks, mobile phone networks, and in any other way, including telecommunications or satellite transmission, in order to provide the Services. The license is granted only to the extent specified in the Regulations and does not authorize the User to use the Application for purposes other than those specified in the Regulations.

   
   

4. In the event of a violation of third party rights as a result of the User's actions, the Operator - upon request of authorized bodies (e.g. common court) - is obliged to disclose and provide all information about the Users committing the violations.

   
   

5. The User will promptly intervene in any dispute and settle or resolve any claims for infringement of copyright and/or trademark rights or other third-party rights used under the Agreement or through the Application. If the Operator is required to compensate a third party for any such infringement, the User will be obligated to reimburse the Operator for the full amount of the compensation paid, along with all costs incurred by the Operator in conducting the case, including expenses, court costs, and legal representation costs, as well as compensation for any damages incurred by the Operator as a result.

   
   

6. The license granted to you for the Application is limited to a non-transferable right to use the Application on any Apple-branded product that you own or control, in accordance with the usage rules set forth in the Apple Media Services Terms of Service.

   
   

§ 15 Processing of Personal Data

1. Users' personal data are collected and processed by the Operator in accordance with applicable law, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and in accordance with the Privacy Policy.

   
   

2. Detailed information regarding the collection and processing of Users' Personal Data can be found in the Privacy Policy.

   
   

§ 16 Changes to the Regulations

1. The Operator may change these Regulations for important legal or technical reasons in the following cases:

   
   

1. changes in legal provisions having a direct impact on the content of the Regulations,

   
   

2. imposition of certain obligations by state authorities,

   
   

3. improving the protection of Users' privacy,

   
   

4. changes to the Privacy Policy,

   
   

5. preventing abuse,

   
   

6. for security reasons,

   
   

7. technological and functional changes,

   
   

8. changes in the scope of the Services provided,

   
   

9. editorial changes to the content of the Regulations.

   
   

2. The Operator will notify you of any changes to the Terms and Conditions in a message displayed in the Application at least 15 days before the new Terms and Conditions come into effect. During this time, the User may refuse to accept the amended Terms and Conditions by sending an appropriate email to the Operator's email address within 15 days of being notified of the changes.

   
   

3. If the User refuses to accept the Terms and Conditions, the Agreement will be terminated in accordance with the relevant provisions of the Terms and Conditions. In such a case, the existing provisions of the Terms and Conditions will apply until the Agreement is terminated.

   
   

4. If the User does not submit a declaration of refusal to accept before the deadline indicated above, it is deemed that he or she has accepted the amended Regulations without reservations upon the expiry of that deadline.

   
   

5. The Operator reserves the right to amend the Regulations without observing the 15-day deadline referred to in paragraph 2, including with immediate effect, in the event that it is subject to a legal or regulatory obligation under which it is obliged to amend the Regulations in a manner that prevents the Operator from meeting the above-mentioned notification period.

   
   

§ 17 Other provisions

1. In matters not regulated by these Regulations, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act of 18 July 2002 on the provision of services by electronic means and the Act of 4 February 1994 on copyright and related rights – in the versions currently in force.

   
   

2. All advertising materials regarding the Application are for informational purposes only, the provisions of the Regulations have binding legal force.
    

3. If any provision of these Terms and Conditions is deemed invalid or ineffective, the remaining provisions will remain in full force and effect. The invalid or ineffective provisions of these Terms and Conditions will be replaced by legally valid and fully effective provisions, or those that most closely resemble them.

   
   

4. In situations permitted by applicable law, any disputes arising between the Operator and the User will be resolved by the court having jurisdiction over the Operator's registered office.

   
   

5. The User is not entitled to transfer any rights or obligations arising from the Agreement to a third party without the prior consent of the Operator granted in writing, under pain of nullity.

   
   

6. Operator is solely responsible for providing any maintenance and support services for the App as required by these Terms or as required by law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

   
   

7. To the extent set forth in the Terms of Service, the Operator is solely responsible for all product warranties, express or implied by law, to the extent they have not been effectively disclaimed. In the event of any failure of the Application to meet any applicable warranty, the User may notify Apple, and Apple will, to the extent permitted by law, refund the purchase price of the Application. Otherwise, Apple has no other warranty obligations with respect to the Application.

   
   

8. For the avoidance of doubt, the Operator, not Apple, is responsible for addressing any claims by You or any third party relating to the App or Your possession or use of the App, including, without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

   
   

9. In the event of a third party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Operator, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim.

   
   

10. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

    
    

11. You must comply with applicable third-party terms of agreement when using the Application (e.g., you must not be in violation of your wireless data service agreement).

    
    

12. You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms and Conditions and will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.

    
    

Appendix No. 1 to the Regulations – Sample withdrawal form

(this form should be completed and returned only if you wish to withdraw from the Agreement for the provision of electronic services)

Addressee: GAIA Prosta Spółka Akcyjna, ul. Kazimierza Pułaskiego 6/10, 26-600 Radom.

I ………………………………. hereby inform about my withdrawal from the agreement for the provision of Services within the GAIA Application.

The date of conclusion of the contract is …………………………………………………….

Name and surname …………………………………………………………

Application username (login)………………………………………………..

Date……………………………..…..…………………………

Signature……………………………………..…..………………