TERMS AND CONDITIONS FOR THE USE OF MOLECULARAPPLICATION

I. DEFINITIONS

The terms used in these Terms of Use shall have the following meaning:

1. Application – a program designed for mobile devices with Android and IOS operating systems, constituting a work within the meaning of the Act of 4 February 1994 on copyright and related rights (i.e. Journal of Laws 2006 No. 90, item 631, as amended).
2. Account – a place in the Application accessible to the User, through which the User enters and manages data and other elements related to the use of the Application.
3. Operator – Owl Iot Sp. z o.o. with its registered office in Białystok. (Poland) at ul. Elizy Orzeszkowej 17, 15-084 Białystok, NIP 5423366863 , registered in the Register of Entrepreneurs of the National Court Register in the 12th Commercial Division of the National Court Register of the District Court in Białystok under number 0000794104, owner of the Application and provider of services provided through the Application.
4. User – a person using the Application in accordance with these Regulations.

II. GENERAL PROVISIONS

1. These Regulations (hereinafter: “Regulations”) set out the terms and conditions of using the Molecular Application and constitute regulations within the meaning of Article 8 of the Act of 18 July 2002 on Providing Services by Electronic Means (Journal of Laws 2013, item 1422).
2. The use of the Application is subject to the User’s acceptance of the provisions of the Regulations.
3. The Operator provides the User with the Application and ensures that the User can use the Services provided via the Application.
4. The services provided by the Application consist in, in particular, taking photographs of birthmarks on the User’s body using a mobile device, and the Operator, using an artificial intelligence module, analyses the changes occurring within the birthmarks, while in order to analyse the changes it is necessary to take at least one photograph via the Application and send it for analysis.
5. In order to carry out the analysis in accordance with the above provisions, the User may provide the Operator with data concerning the User’s lifestyle (e.g. information about being outdoors), skin tone and possible medical history in the event of previous treatment of the birthmarks photographed through the Application. The aforementioned data is stored anonymously and is not attributed to a specific natural person.
6. As a result of the analysis in accordance with the above provisions, the Operator shall inform the User that changes have occurred to the photographed birthmark.
7. The information provided to the User as a result of the analysis of photographs sent by him/her via the Application may not fully describe the actual condition, are only of an auxiliary nature, and are in no way a substitute for therapy, which should be carried out in accordance with medical advice. The Operator shall not be liable for any results caused by using the services of the Operator contrary to the provisions of these Terms of Use.

8. The services referred to in point II. II.4 are provided free of charge. In case of introduction of payable services to the Operator’s offer, the Users shall be informed about all relevant conditions of their provision. The Molecular Application can be downloaded from Google Play and Apple App Store.
9. Downloading the Application from the Website is free of charge.
10. The data transmission costs necessary for downloading, installing, starting up and using the Application are to be borne by the Users themselves. The Operator shall not be responsible for the amount of fees accrued for the use of data transmission necessary for the use of the Application.

III. TERMS AND CONDITIONS OF USING THE APPLICATION

1. The Application is available to all users of mobile devices equipped with the Android and IOS operating system, whereby it is only possible to associate one Account with one mobile device.
2. Users shall use the Application in a manner compliant with the applicable laws and regulations, including the rules of using the Internet, in particular in a manner that does not disrupt the operation of the Application and the services provided thereunder, and in a manner not burdensome to the Operator, the Website and possibly other Users.
3. The provision of illegal content by the User via the Application is prohibited.
4. Use of the Application is voluntary. The User can uninstall the Application from his/her device at any time. Uninstalling the Application does not prevent you from using the Application at a later date.
5. in the event of a breach by the User of the applicable provisions of the law or these Terms of Use, the Operator shall be entitled to take all permissible legal measures, including restricting the User from using the Application and the service provided through it.

IV. COPYRIGHTS

1. The Application and any materials and information contained therein, in particular the layout of the content presented in the Application, trademarks, graphics, logos, and source code are subject to the copyright of the Operator or third parties cooperating with the Operator.
2. Upon downloading the Application, the Operator grants the User a free, non-exclusive licence for non-commercial use of the Application under the conditions specified in these Terms of Use.
3. Under the licence granted, the User shall not be entitled to grant sub-licences to third parties.
4. Without the Operator’s consent, the User shall not be entitled to consolidate and multiply the Application in any way, market it, lend or lease, make the Application available to the public in any way, in particular in data communication networks,
   except for the legally permitted use.

V. OPERATOR’S LIABILITY AND COMPLAINT PROCEDURE

1. The Operator maintains technical supervision over the functioning of the Application, maintaining its correct functioning, accepting reports from its Users, correcting deficiencies of the Application and taking actions to improve the functioning of the Application.
2. The Operator does not guarantee the permanent correct functioning of the Application or its error-free operation. However, the Operator shall exercise due care to ensure the smooth functioning of the Application.
3. The Operator shall only be liable for culpable acts or omissions. In particular, the Operator shall not be liable for services or other applications and websites provided by third parties, or for limitations or technical problems in the data communications systems used by the User to use the Application.
4. Disturbances in the functioning of the Application may be complained about by Users by reporting the dysfunction to the Operator by e-mail, sending a message to contact@owliot.eu.
5. Complaints shall be considered on an ongoing basis by the Operator’s support team within no more than 14 days of the complaint submission, however, the Operator reserves the right to leave the complaint unanswered if it concerns faults resulting from the User’s unawareness of the Terms of Use, or from the User’s failure to comply with instructions provided to the User on an ongoing basis via the Website or directly by the Operator.
6. The Operator reserves the right to interfere with the technical structure of the User Account, in order to diagnose irregularities in the functioning of the Application services, and may also make changes and in any other manner affect the technical aspect of the Account, in order to modify it or restore the proper functioning of the Account or Application itself

VI. TERMINATION OF THE AGREEMENT

1. The User may at any time terminate the use of the services provided through the Application. The User shall terminate the use of the services provided by the Operator by discontinuing the subscription or one-off analyses. In order to remove the account from the system, the User should send an e-mail with a relevant request to the Operator at the address contact@owliot.eu.

VII. FINAL PROVISIONS

1. In connection with the operation of the Application, the Operator does not process personal data within the meaning of the Personal Data Protection Regulations.
2. The Operator has its registered office in Poland. The Website operates pursuant to the provisions of the law commonly in force in Poland.
3. The Operator reserves the right to amend these Terms of Use. The User shall be informed of amendments to these Terms of Use by a relevant announcement in the Application.
4. These Terms of Use shall enter into force on the day of their publication on the Website.