The following Terms of Service (“Terms”) dictate your access and usage of the services offered by Oscillator Michał Dobrzański (“Oscillator Michał Dobrzański”), referred to as “Oscillator Michał Dobrzański”, “we”, “us”, or “our”. This includes mobile applications, websites, email notifications, and any other related services (collectively referred to as the “Services”). These Terms additionally cover your use of any information, text, graphics, photos, audio, video, or other materials provided via the Services (collectively, the “Content”). IT IS IMPORTANT THAT YOU CAREFULLY REVIEW THESE TERMS OF SERVICE PRIOR TO ACCESSING OR UTILIZING ANY OF THE SERVICES.

TABLE OF CONTENTS

A. AGREEMENT TO TERMS

B. AGE ELIGIBILITY

C. LICENSE GRANT

D. OUTLINE OF ADDITIONAL RIGHTS AND RESTRICTIONS

E. FEATURES & CAPABILITIES

F. CONTENT WITHIN THE SERVICES

G. SECURITY MEASURES

H. ACCOUNT REGISTRATION/PASSWORDS

I. APP UNINSTALLATION/REMOVAL

J. CONSENT FOR DATA USAGE AND USER FEEDBACK

K. INTELLECTUAL PROPERTY RIGHTS

L. COPYRIGHT INFORMATION

M. SERVICE TERMINATION

N. WARRANTY DISCLAIMER

O. LIABILITY LIMITATION

P. OBLIGATION TO INDEMNIFY

Q. COMPLIANCE WITH EXPORT REGULATIONS

R. NOTICE FOR US GOVERNMENT USERS

S. AVAILABILITY IN DIFFERENT JURISDICTIONS

T. DISPUTE SETTLEMENT AND OTHER ADDITIONAL TERMS

U. CONTACT INFORMATION

V. ADDITIONAL TERMS AND CONDITIONS

A. AGREEMENT TO TERMS

These Terms constitute a binding legal agreement between you and Oscillator Michał Dobrzański. Your use of the Services, including the installation and/or downloading of our mobile applications (individually referred to as an “App” and collectively as the “Apps”), signifies that you: (a) consent to adhere to these Terms, (b) assert and guarantee that you possess the necessary authority and capacity to agree to these Terms; and (c) hold ownership or control over the mobile device used to access the Services. These Terms are also applicable to any updates, supplements, or services provided by Oscillator Michał Dobrzański that do not come under a separate license or agreement with us. If you are not in agreement with these Terms, refrain from installing or utilizing any App or Service. We reserve the right to modify these Terms occasionally and will inform you of any significant changes that affect your use of the Services or your rights and obligations. Such notifications may be communicated via an in-app message or a notice on our website. Your ongoing use of the Services following the publication of these modifications indicates your acceptance of them. Should you disagree with any modifications, you are required to cease using the Services (including the Apps). For any inquiries or concerns about these Terms, please reach out to our support using the email mentioned in Section U. Do not use the Services unless your queries and concerns have been satisfactorily addressed and you agree to comply with these Terms.

Attention to consumers: The jurisdiction where you reside may grant you specific rights that supplement these Terms, and some provisions of these Terms might not be enforceable for you. In cases where any term or condition of these Terms is non-enforceable for you, the remaining terms will continue to be effective in full.

Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by this reference. Additionally, these Terms encompass any extra payment conditions and other stipulations detailed on the download or purchase page from which you acquire or download any Apps. The Apps might be accessible through marketplaces distributing mobile applications, which may impose additional terms, conditions, and usage rules for the Apps if you download or install them via such marketplaces.

B. AGE ELIGIBILITY

You are required to be at least 13 years old (or 16 years old in the EEA) to install or use the Apps provided by Oscillator Michał Dobrzański.

C. LICENSE GRANT

In accordance with your adherence to these Terms, Oscillator Michał Dobrzański provides you with a restricted, non-exclusive, revocable, non-sub-licensable, and non-transferable license to access, download, and/or install the latest generally available version of the software offered as part of the Services, exclusively for your legal, personal, and non-commercial purposes.

D. OUTLINE OF ADDITIONAL RIGHTS AND RESTRICTIONS

1. Usage Limitations. 

You are not permitted to rent, sell, lease, sublicense, distribute, assign, copy (except for one backup copy for personal use), or otherwise transfer any rights to the Services or utilize the Services for any third-party’s advantage. Without explicit permission from Oscillator Michał Dobrzański, you are forbidden from making the Apps accessible over a network for download or use by multiple individuals. You agree not to employ any robots, spiders, or other automated or manual processes to disrupt or attempt to disrupt the smooth operation of the Services, except for removing our Apps from a device you own or control. You must not breach or try to breach the security of our Services. It is not permitted to modify, reverse-engineer, decompile, disassemble, or otherwise alter any Services, nor to attempt such actions for any reason. You are not allowed to access, create, or modify the source code of any Services in any manner. You do not have the permission to create derivative works from any Services or their parts. All modifications or improvements to the Services are exclusively owned by Oscillator Michał Dobrzański.

2. Modifications and Updates

We retain the authority to modify or alter the features or functions of our existing Services. When installed on your mobile device, the Apps routinely interact with our servers. We may mandate the updating of the Apps on your mobile device whenever we release a new version of the Apps or introduce new features. This update might happen automatically or following a prior notification to you, and it could be completed in one go or over several sessions. You acknowledge that we may require you to review and accept our current Terms before allowing you to use any updated versions of the Services. You recognize and agree that our responsibility to support earlier versions of the Services may cease with the release of updates, supplements, or subsequent versions. Additionally, you understand and agree that we are under no obligation to provide you with any updates, supplements, or newer versions of the Services.

3. Access Requirements. 

To access and use the Apps, you are responsible for providing, at your own cost, the necessary equipment, Internet connections, devices, and service plans. Should you access an App via a mobile network, your network or roaming provider’s messaging, data, and other rates and fees might be applicable. You are solely accountable for any expenses you incur to access the Apps on your device. Downloading, installing, or using certain Apps may be restricted or forbidden by your network provider, and not every App may be compatible with your network provider or device. Oscillator Michał Dobrzański does not claim that the Apps can be accessed on all devices or through all wireless service plans. Oscillator Michał Dobrzański also does not represent that the Apps are available in all languages or that they are suitable or accessible for use in any specific location.

4. In app purchases and the rights to cancel.

A. Subscription Options.

Certain Services are available for purchase on a subscription basis. Various Services might provide different levels of subscription (typically free or premium) or different subscription durations (such as monthly, yearly, etc.). Subscription payments can be processed within the App, via a third-party mobile platform owner (like Apple or Google), or directly through Oscillator Michał Dobrzański and its third-party payment processor.

You may have the opportunity to try a subscription to our Services for a limited period for free. You have the option to cancel a free trial subscription at any time through the subscription settings in your iTunes or Android account, or, if your subscription was initiated on one of our websites, by managing your subscriptions after logging in on the relevant website. Please be aware: unless you cancel at least 24 hours before the end of the free trial period, or before the end of the trial period if you subscribed through Google, your free-trial subscription will automatically convert into a paid subscription for the specified subscription period.

If you signed up for our Services through a purchase and installation of an App via a third-party mobile platform owner (either through the platform itself or in-app), you can cancel your subscription at any time by following the instructions on the Apple App Store or Google Play Store, or through the subscription settings in your iTunes or Android account. If your subscription to our Services was initiated directly through our website, you can cancel at any time by logging in to manage your subscriptions on the relevant website.

All subscription cancellations will become effective at the end of the current billing cycle. For instance, if your monthly subscription started on the first of the month and you cancel mid-month, your cancellation will be effective from the end of that month. Please note, once the charge for a billing period has been processed, there are no refunds for subscriptions.

B. One-Time Purchase Apps

Some Apps can be bought for a single payment (without a recurring subscription) through either the Apple App or Google Play store. Residents of the European Union typically have the right to cancel online purchases within 14 days of making them. However, it’s important to recognize: if you reside in the European Union and buy an App via a mobile platform owner (such as Apple or Google), you might not have the option to cancel your order or receive a refund. It’s advisable to check the mobile platform owner’s terms regarding this before making a purchase.

You are free to uninstall any paid applications at your convenience. Please note that all purchases of paid applications are final and non-refundable.

5. Continuous Subscription Renewal and Recurring Fees. 

Paid subscriptions to the Services automatically renew. Upon completing your registration and providing your payment details, or at the end of your free trial period if you haven’t canceled at least 24 hours before the trial period expires, you will be billed the specified amount for the subscription period. You hereby consent to and authorize ongoing and periodic billing, agreeing to pay the charges incurred on your account in connection with this. Recurring billing will take place at the current subscription rate plus any applicable taxes at the commencement of each new subscription period. Payments for renewed subscriptions follow the same billing cycle as your existing subscription. Subscription fees are subject to change at any time, as allowed by applicable law. Your subscription and the monthly charges to your account will continue indefinitely until you cancel it, following the cancellation procedures outlined in this Agreement.

E. FEATURES & CAPABILITIES

The range of features and functionalities available via the Services can vary over time and are offered by Oscillator Michał Dobrzański along with third-party suppliers (referred to as “Third Party Partners”), who provide Content and/or services in association with or through the Services. Additionally, other users may contribute Content through their use of the Services. The Services may offer location data primarily for basic navigation purposes and should not be relied upon for critical location needs or in situations where inaccurate, incomplete, or erroneous location data could result in death, personal injury, property damage, or environmental harm. Neither Oscillator Michał Dobrzański nor its Third Party Partners assure the availability, accuracy, completeness, reliability, or timeliness of location data presented through the Services.

F. CONTENT WITHIN THE SERVICES

1. User-Generated Content.

The Apps enable users to submit and post their own Content, which becomes public and accessible to other users of the App (“User Content”). You bear responsibility for your interaction with the Services and for any User Content you provide, including adherence to relevant laws, rules, and regulations. Only share User Content that you are willing to make public. Oscillator Michał Dobrzański reserves the right to remove any Content deemed Objectionable. The decision to remove such Content lies solely with Oscillator Michał Dobrzański. A user’s access to the Services may be terminated if they are repeatedly found infringing upon these standards.

You agree not to post or share on the Services any User Content that Oscillator Michał Dobrzański considers to be Objectionable Content. “Objectionable Content” encompasses, but is not limited to: 1. Content that is commercially oriented (including advertisements or solicitations); 2. Content that violates others’ intellectual property rights; 3. Content that is illegal, defamatory, libelous or invades privacy rights of others; 4. Content that poses a risk to someone’s security, health, or safety, especially minors; 5. Content that incites criminal or illegal activities; 6. Content falsely implying endorsement or sponsorship by Oscillator Michał Dobrzański or any of its Third Party Partners; 7. Vulgar, threatening, or hate speech aimed at offending or harassing individuals or groups based on race, ethnicity, national origin, disability, religious affiliation, sexual orientation, sex, or gender identity; 9. Content containing software viruses or any code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; and 10. Content that otherwise violates these Terms.

You affirm and guarantee that you possess or have secured all necessary rights to the Content you post, including the authority to publicly share User Content through the Services and to allow Oscillator Michał Dobrzański to publish and utilize such User Content as outlined in these Terms. By contributing User Content to Oscillator Michał Dobrzański, you are granting Oscillator Michał Dobrzański and its users an irrevocable, global, perpetual, royalty-free, non-exclusive license that can be sublicensed and transferred, allowing the copying, distribution, usage, printing, publication, republishing, reformatting, translation, modification, adaptation, incorporation into other works, creation of derivative works, and public display in the Apps or in any media or form of expression. Oscillator Michał Dobrzański may, at its sole discretion, use the User Content you submit for commercial purposes.

Oscillator Michał Dobrzański does not make any claims regarding the User Content shared by you or any other user through the Services. You are accountable for obtaining all essential permissions and rights before using any User Content not posted by you. You agree to bear all risks associated with the use of any User Content, including reliance on its accuracy or completeness. Under no circumstances will Oscillator Michał Dobrzański be liable for any User Content, including, but not limited to, any errors or omissions in such Content, or for any loss or damage of any kind resulting from the transmission or posting of such Content through the Services.

2. Content Monitoring and Disclosure. 

While we do not have the capability to pre-screen or continuously monitor all Content, our representatives may oversee Content submissions through the Apps, to which you provide your irrevocable consent. You acknowledge and agree that there should be no expectation of privacy when submitting any Content. We reserve the right, but are not obligated, to edit, refuse to post, or remove any Content at our sole discretion.

We may access, preserve, or disclose any of your information or Content (including but not limited to chat text) if required by law, or if we believe in good faith that such action is necessary to 

(i) respond to claims made against us or to comply with legal proceedings (such as subpoenas or warrants), especially those from courts with jurisdiction over us or you; 

(ii) enforce or administer our agreements with users, including these Terms; 

(iii) for purposes of fraud prevention, risk assessment, investigation, customer support, app service provision, or engineering support; 

(iv) protect the rights, property, or safety of Oscillator Michał Dobrzański, its users, or the public; or 

(v) report a crime or other offensive behavior.

3. Integration with Third-Party Services and Content. 

The Services may include, be integrated with, bundled, or offered in conjunction with third-party services, advertisements, feeds, and/or content. If you are installing an App that incorporates third-party services and content, these are governed by the respective third party’s terms of service and privacy policies, available on the pertinent Third Party Partner’s website. Our Services may offer access to or links to Third Party Partner websites or resources. Oscillator Michał Dobrzański does not control these external websites and resources and you acknowledge and agree that Oscillator Michał Dobrzański is not accountable for the availability of such external websites or resources, and neither endorses nor is responsible for any content, advertising, products, or other materials on or available from such sites or resources. You further agree that Oscillator Michał Dobrzański is not liable, either directly or indirectly, for any Third Party Partner Content, including any damage or loss caused or alleged to be caused in connection with the use of or reliance on any such Third Party Partner content, goods, or services available through the Services or any such Third Party Partner website or resource. Oscillator Michał Dobrzański will not be involved in or responsible for monitoring any transactions between you and Third Party Partners.

Planter app does use third party services. The list of Terms and Conditions for every third party:

a) [Google Services] https://policies.google.com/terms

b) [AppLovin] https://www.applovin.com/terms/

c) [Google Analytics] https://firebase.google.com/terms/analytics

d) [Firebase crashlytics] https://firebase.google.com/terms/crashlytics

3) [Revenuecat] https://www.revenuecat.com/terms/

Oscillator Michał Dobrzański accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on the functionalities provided by third parties.

G. SECURITY MEASURES

Like many consumer technologies, the Services are not guaranteed to be completely secure. By agreeing to these Terms, you acknowledge and accept the potential for unauthorized access, interception, corruption, damage, or misuse of the Services, and understand that they cannot be considered 100% secure. You assume full responsibility for these security risks and any resultant damage. Additionally, you are solely responsible for safeguarding any device you use to access the Services against unauthorized access, which includes implementing complex passwords and enabling device encryption when such options are available in your device settings. You agree that Oscillator Michał Dobrzański is not liable for any unauthorized access to your account or devices.

H. ACCOUNT REGISTRATION/PASSWORDS

1. Account Creation. 

While some Services might not require registration, others may allow or necessitate that you create an account to engage in activities or access additional features or functionalities (“Registration”). If Registration is required, this will be indicated when you attempt to participate in or access these extra features or functionalities. Be aware that any registration required by a Third Party Partner is not covered by these Terms, and you should consult the relevant Third Party Partner’s website for their specific policies.

2. Passwords and IDs. 

You are the exclusive custodian of any password and ID combination issued to or chosen by you. It is your sole responsibility to keep your password(s) and ID(s) confidential and secure. You bear full responsibility for all activities conducted through any account opened, held, accessed, or used with your password and ID. You must promptly inform us and confirm in writing of any unauthorized use of your accounts or any breach of security, including but not limited to, any loss, theft, or unauthorized use of your password(s), ID(s), or any associated account. If we have reasonable grounds to believe that the security of your password and/or ID has been compromised, we may suspend or terminate your account, deny any and all current or future use of the services, and take any appropriate legal actions. We are not liable for any losses resulting from the misuse of any password or ID.

3. Information Accuracy. 

When supplying information for Registration, it is essential that you provide and continually update accurate, complete, and current information. If we reasonably believe that the information you’ve provided is inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your access to the Services and pursue any suitable legal actions. You consent to our use of the information you provide for the purposes outlined in these Terms and for enhancing your use of the App and our services, in line with the Privacy Policy available here.

I. APP UNINSTALLATION/REMOVAL

The method for uninstalling and removing Apps varies based on your device. To uninstall and remove the Apps, you should use the application manager that comes with your device or refer to your device’s manual for guidance. Please be aware that uninstalling an App with a paid subscription will not automatically cancel your recurring payments. Refer to the cancellation instructions provided earlier for further details.

J. CONSENT FOR DATA USAGE AND USER FEEDBACK

You consent to our collection and use of technical data and related information, which may include details about your device, its system and application software, and peripherals. This information is collected periodically to assist in providing software updates, product support, and other services related to the Services, if any. This information will be used in line with the Privacy Policy available here.

Furthermore, if you opt to post reviews on app stores, social media channels, or use similar communication or messaging features or services, such reviews, along with your public-facing username, may become publicly accessible. Should you wish that your app reviews not be used for promotional purposes, you can choose to opt-out by contacting support at the email provided in Section U (please include your name, mailing address, and email address). For safety reasons, avoid including passwords, social security numbers, payment card details, or other sensitive information in these communications. While we have the right to monitor messages and communications among users for security and training purposes, we are not obliged to do so. We reserve the right, but are not required, to remove any content we consider inappropriate.

K. INTELLECTUAL PROPERTY RIGHTS

The Services, encompassing all Content, design, text, images, photos, illustrations, audio clips, video clips, artwork, graphic materials, code, content, protocols, software, and documentation provided by Oscillator Michał Dobrzański, are the property of Oscillator Michał Dobrzański or its licensors. They are safeguarded by Polish and international laws on copyright, trademarks, patents, and other proprietary rights and laws concerning Intellectual Property Rights. “Intellectual Property Rights” collectively refer to rights under patent, trademark, copyright, trade secret laws, and any other intellectual property or proprietary rights recognized globally, including moral or similar rights. You are prohibited from deleting, altering, or removing any copyright, trademark, or other proprietary rights notices placed by us or Third Party Partners within the Services. All rights not explicitly granted in this agreement are reserved by Oscillator Michał Dobrzański and its licensors.

The names, logos, and related properties of Oscillator Michał Dobrzański are the exclusive property of Oscillator Michał Dobrzański or its affiliates. All other trademarks displayed through the Services, including within any App, belong to their respective owners, with the use of these trademarks benefiting the trademark owner. Our partners or service providers may hold additional proprietary rights in the content they provide through the Services. Our trade names, trademarks, and service marks, whether registered or not, should not be used in association with any product or service that isn’t ours, nor in any way that might cause confusion. Nothing in this document should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any of our trade names, trademarks, or service marks without our explicit prior written consent.

L. COPYRIGHT INFORMATION

1. Copyright and Contributions. 

You bear full responsibility for any Content that you provide, submit, display, or create adaptations of through your use of the App(s). It is your duty to ensure that such Content, including photos, texts, videos, and music files, does not infringe upon any copyright or other Intellectual Property Rights. You must either own the rights or possess a valid license for any Content that you contribute, submit, or display.

Oscillator Michał Dobrzański respects the rights of copyright holders and expects the same from its users. Upon notification, Oscillator Michał Dobrzański will take appropriate action to remove content that violates the copyright rights of others. Oscillator Michał Dobrzański reserves the right to restrict access to the Apps or other services for those who repeatedly infringe on the Intellectual Property Rights of others. If you believe that an App, or any of its elements, infringes upon your copyright rights, please contact Oscillator Michał Dobrzański at:

Oscillator Michał Dobrzański

ul. Św. Wincentego 110/65

03-291

Warszawa

Poland

e-mail: dobrzanskioscillator@gmail.com

Please make sure your message contains the following elements:

– The electronic or physical signature of the individual authorized to represent the copyright owner.

– A detailed description of the copyrighted work that you allege has been infringed upon.

– An identification of the location in the App where the allegedly infringing material is found.

– Your contact details, including address, telephone number, and email address.

– A declaration from you, asserting a good faith belief that the contentious use of the material is not permitted by the copyright owner, their agent, or under the law.

– A statement from you affirming that the information provided in your notice is accurate and that you are either the copyright owner or have the authority to act on behalf of the copyright owner.

– For additional support, please refer to Section U below.

M. SERVICE TERMINATION

Your rights under these Terms will immediately and automatically cease without any notice from Oscillator Michał Dobrzański if you violate any of the terms and conditions of these Terms. You acknowledge that Oscillator Michał Dobrzański may, at its sole discretion, alter, discontinue, or suspend your access to any of our services or the use of any Services at any time. Additionally, Oscillator Michał Dobrzański may, with or without reason, at any time suspend or terminate any license granted hereunder and disable the Services, including any Apps or their individual features. You agree that Oscillator Michał Dobrzański is not liable to you or any third party for any termination or disabling of the Services. Immediately upon the expiration or termination of these Terms, you must stop all use of the Services and destroy all copies of the Services, including any Apps, in your possession or control. Termination does not limit any of Oscillator Michał Dobrzański’s other legal rights or remedies. Sections J – S, along with any Supplemental Terms of these Terms, will continue to apply even after the termination or expiration of these Terms for any reason.

N. WARRANTY DISCLAIMER

To the extent allowed by applicable law, all Services are provided on an “as is,” “with all faults,” and “as available” basis, and you use them entirely at your own risk. Subject to applicable law, Oscillator Michał Dobrzański, on behalf of itself, its parent, affiliates, licensors, distributors, vendors, agents, and suppliers, explicitly disclaims any and all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that may arise under the Sale of Goods Acts 1893 and 1980, customary usage, course of dealing, or otherwise. Without limitation, Oscillator Michał Dobrzański does not guarantee that the Services will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results from using Oscillator Michał Dobrzański’s products and services will be accurate or reliable, or that the quality of the Apps will meet your expectations. Oscillator Michał Dobrzański is not liable for any property damage of any nature whatsoever resulting from your access to and use of our Services; any unauthorized access to or use of our secure servers and/or any personal and/or financial information stored therein; any interruption or cessation of transmission to or from our services or servers; any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; or any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of using any content posted, emailed, transmitted, or otherwise made available via the Services.

The entire risk arising out of the use or performance of the Services rests with you. Oscillator Michał Dobrzański expressly disclaims all warranties relating to products and/or services provided by third-party partners. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the above disclaimers may not apply to you insofar as they relate to implied warranties. This disclaimer of warranty is an essential part of this agreement.

O. LIABILITY LIMITATION

To the extent allowed by applicable laws, you clearly understand and agree that Oscillator Michał Dobrzański and its parent companies, affiliates, and third-party partners will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Oscillator Michał Dobrzański has been advised of the possibility of such damages), resulting from: 

(i) the use or the inability to use the Services; 

(ii) unauthorized access to or alteration of your transmissions or data; 

(iii) statements or conduct of any third party; or 

(iv) any other matter relating to the Services. 

In no event shall Oscillator Michał Dobrzański’s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing the Services. The aforementioned limitations will apply even if the stated remedy fails of its essential purpose.

If any of the exclusions mentioned in this section is found to be unenforceable by a court of competent jurisdiction, then all express, implied, and statutory warranties shall be limited in duration to a period of thirty (30) days after the date you first access the Services, and no warranties shall apply after this period.

P. OBLIGATION TO INDEMNIFY

You agree to indemnify, defend, and hold Oscillator Michał Dobrzański, its parent companies, affiliates, and subsidiaries, as well as their officers, directors, employees, consultants, and agents, harmless from any and all claims, liabilities, damages, and/or costs (including, but not limited to, attorney’s fees) arising from your use of the Services, your breach of these Terms, or your infringement, or the infringement by any other user of your account, of any intellectual property or other rights of any person or entity. You also agree to promptly inform Oscillator Michał Dobrzański of any unauthorized use of your account or any other security breach that you become aware of.

Q. COMPLIANCE WITH EXPORT REGULATIONS

The Services, along with the information and technology that underpin them, are governed by Polish and international laws, restrictions, and regulations pertaining to the import, export, downloading, and utilization of the Apps. You agree to adhere to these laws, restrictions, and regulations in the process of downloading or using the Apps.

R. NOTICE FOR US GOVERNMENT USERS

Whenever Services are utilized or Apps are deployed on behalf of the United States of America, including its agencies and/or instrumentalities (“U.S. Government”), Oscillator Michał Dobrzański provides them with Limited Rights as “Commercial Items,” as defined in 48 C.F.R. §2.101. This definition encompasses “Commercial Computer Software” and “Commercial Computer Software Documentation,” in accordance with the usage of these terms in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, whichever is relevant. In line with the Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government is granted only the rights outlined in the license included here. The U.S. Government is restricted from accessing (i) technical data that is not normally made available to the public, or (ii) using, altering, reproducing, publishing, performing, exhibiting, or revealing commercial computer software or its documentation beyond what is specified in this agreement. The U.S. Government’s use, replication, or exposure of such software or documentation is confined by the limitations identified in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

S. AVAILABILITY IN DIFFERENT JURISDICTIONS

Oscillator Michał Dobrzański does not claim or guarantee that the Services, or any portion of them, are suitable or accessible for use in any specific location. The availability of the Apps, whether in whole or in part, may be restricted by us to certain individuals, regions, or jurisdictions of our choosing, at any moment and according to our own judgement.

T. DISPUTE SETTLEMENT AND OTHER ADDITIONAL TERMS

Governing Law. The Polish laws excluding its conflict of laws rules, will apply to all issues arising from or related to these Terms and the use (or inability to use) the Services.

The European Commission provides an online dispute resolution platform at http://ec.europa.eu/odr. Oscillator Michał Dobrzański does not engage in dispute resolution proceedings before a consumer arbitration board for members in the EU or European Economic Area.

No omission or delay on the part of Oscillator Michał Dobrzański in exercising any right, power, or privilege under these Terms will be considered a waiver of such, nor will any isolated or partial exercise of any right, power, or privilege prevent any further or other exercise of that or any other right, power, or privilege under these Terms. Should any part of these Terms be declared illegal, void, or for any reason unenforceable, then that part shall be considered detachable from these terms and will not impact the validity and enforceability of any remaining provisions.

YOU CONSENT THAT ANY LEGAL ACTION OR PROCEEDING ARISING FROM OR RELATED TO THE SERVICES MUST BE INITIATED WITHIN THREE (3) YEARS AFTER THE RELEVANT CAUSE OF ACTION OCCURS. FAILURE TO DO SO WITHIN THAT TIMEFRAME WILL RESULT IN THE ACTION BEING PERMANENTLY PROHIBITED.

U. CONTACT INFORMATION

Should you have inquiries regarding these Terms, feel free to reach out to Oscillator Michał Dobrzański either through email or traditional mail as detailed below:

ul. Św. Wincentego 110/65

03-291

Warszawa

Poland

e-mail: dobrzanskioscillator@gmail.com

Planter: contact@plantermobile.com

V. ADDITIONAL TERMS AND CONDITIONS

In accordance with applicable laws (and without limiting the rights, remedies, and obligations previously mentioned except where directly contradicted by the following additional terms), the subsequent terms apply to your utilization of the Services, as relevant:

1. Content or Images from Third Parties.

Some Services incorporate content, footage, and/or images (jointly referred to as “Images”) that Oscillator Michał Dobrzański has obtained licensing for from third parties, including but not limited to Flaticon, Getty Images (U.S.), Inc., Unsplash, Pexel, Adobe Systems Inc., and Giphy (“Image Providers”). These Image Providers do not endorse, sponsor, or support the Services. By using these Services, you expressly recognize and consent to the following:

a. The Images are to be used solely as permitted by the Services, for digital display or as otherwise stipulated by the Services. You are prohibited from using or distributing any part of the Images for any purpose that infringes on any third-party right, or any law, regulation, or rule.

b. The selling or reselling of Images is forbidden, as is altering or reusing the Images, except as permitted through features or technology provided by the Services.

c. Usage of Images is prohibited:

i. for pornographic, defamatory, or any illegal activities;

ii. to facilitate the file-sharing of the image file;

iii. in logos, trademarks, service marks, or any other forms of branding or identification.

d. When using Images that depict individuals in contexts that might be seen as sensitive, unflattering, or controversial, you are required to clarify that the image is for illustrative purposes only and the person depicted is a model.

i. Altering or removing any metadata in Images is prohibited, as is attempting to reverse engineer, decompile, or disassemble the Services or any technology provided by the Services for the purpose of downloading or using Images independently.

e. You are not granted any ownership rights or copyrights in any Images.

f. Should an App offer you access to use Images via Unsplash or Pixabay, your usage of an Image from Unsplash or Pixabay signifies your acceptance of the terms of Unsplash or Pixabay respectively, and it is your duty to ensure that your use of the image adheres to these terms.

g. Images are supplied to you on a non-exclusive basis, acknowledging that other users may produce and utilize images that are similar or identical to those available to you.

2. Apple App Store. 

By accessing the Services through a device made by Apple, Inc. (“Apple”), you specifically acknowledge and agree that:

a. These Terms are between Oscillator Michał Dobrzański and you; Apple is not a party to these Terms.

b. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install ourApps on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Service.

c. Apple is not responsible for our Apps or the content therein and has no obligation whatsoever to furnish any maintenance or support services with respect to any of our Apps.

d. In the event of any failure of an App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

e. Apple is not responsible for addressing any claims by you or a third party relating to the App, our Services or your possession or use of the App and Services, including without limitation (a) product liability claims; (b) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

f. Should there be any claim by a third party that an App or your usage and possession of the App violates their intellectual property rights, Apple will not be obligated to undertake the investigation, defense, settlement, or resolution of such claim regarding intellectual property infringement.

g. You declare and guarantee that (a) you do not reside in a nation that is under embargo by the U.S. Government, or identified by the U.S. as a “terrorist supporting” country; and (b) you are not named on any U.S. Government list of forbidden or restricted entities.

h. Apple and its affiliates are third-party beneficiaries of these Terms, and with your agreement to these Terms, Apple is entitled to (and will be considered to have accepted the right to) enforce these Terms against you as a third-party beneficiary thereof.

i. Oscillator Michał Dobrzański specifically permits the use of the Apps by several users through the Family Sharing feature or any similar service offered by Apple.

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