End User License Agreement (EULA)
This End User License Agreement (hereinafter the “EULA” or the “License”) sets out the rules for the use of software, including mobile applications, software provided under the SaaS model and related digital services (hereinafter collectively the “Software” or the “Application”) published and made available under the RIDOA brand (including the Barvea, Zapp, AutoPolar and ClimaBox products).
The licensor of the Software is:
RIDOA Sp. z o.o.al. Solidarności 68/121, 00-521 Warszawa, Poland
KRS 0001248384 (District Court for the Capital City of Warsaw in Warsaw)
NIP 5253094100 · REGON 545033010
e-mail: kontakt@ridoa.house
Note: this document is a working draft intended for internal legal approval. It does not constitute a binding version of the EULA or legal advice. The final wording may change before deployment.
§ 1. Subject of the License and acceptance
This EULA constitutes a binding agreement entered into between you as the end user (hereinafter the “User” or “you”) and RIDOA Sp. z o.o. (hereinafter “RIDOA”, the “Licensor” or “we”) and governs the rules for making the Software available and for using it.
Downloading, installing, launching, accessing or using the Software in any manner means that you have read this EULA, accept it in full and undertake to comply with it. If you do not accept this EULA, you are not entitled to download, install or use the Software, and you should promptly delete (uninstall) it.
If you use the Software on behalf of a legal person or another entity, you represent that you are duly authorised to bind that entity to the provisions of this EULA.
Use of the Software may additionally be subject to the provisions of the Terms of Service and the Privacy Policy (GDPR) available in the documents section. In the event of any discrepancy between the EULA and the Terms of Service as regards the rules for using the Software itself, the provisions of this EULA shall prevail, unless mandatory provisions of law provide otherwise.
§ 2. Grant of License
Upon acceptance of this EULA, the Licensor grants you, for the term of the License, a license to use the Software which is:
- non-exclusive — the Licensor may grant analogous licenses to an unlimited number of other users;
- non-transferable — you may not transfer, assign, lend, rent, sell or otherwise make the License or the Software available to third parties, subject to the exceptions provided for in the rules of the distribution store (e.g. Family Sharing, where applicable);
- revocable — the License may be terminated or revoked in accordance with § 12 of this EULA;
- limited to the User’s devices — it entitles you to install and use the Software on devices that you own or control, to the extent resulting from the rules of the relevant app store (App Store, Google Play) and from the functionality of the Software.
The License covers solely the right to use the Software in accordance with its intended purpose and this EULA. The License does not include the transfer of any intellectual property rights. All rights not expressly granted to you in this EULA remain reserved to the Licensor and its licensors.
In the case of an application downloaded from the Apple App Store, the License is granted as a license to use the Application on any Apple-branded device that you own or control, to the extent and on the terms set out in the Usage Rules forming part of the App Store terms of service (Apple Media Services Terms and Conditions).
§ 3. Scope of permitted use
Within the scope of the License granted, you are entitled in particular to:
- install and run the Software on devices that you own or control;
- use the functionality of the Software in accordance with its intended purpose and the documentation provided or the app store description;
- use the Software for your own needs — in the case of a consumer, for personal purposes (unrelated to business activity), and in the case of an entrepreneur, to the extent covered by the plan or subscription acquired;
- make a backup copy of the Software solely to the extent permitted by mandatory provisions of law, provided that this is technically possible and necessary for the lawful use of the Software.
The scope of permitted use may be additionally specified or limited by the selected plan, subscription, in-app purchases or features made available in a given version of the Software.
§ 4. Restrictions
Unless mandatory provisions of law provide otherwise and to the extent permitted by such provisions, you are not entitled, whether on your own or through third parties, to:
- decompile, disassemble or reverse engineer the Software, or attempt to obtain the source code, data structures or underlying algorithms, except in the cases and to the extent that such acts are expressly permitted by mandatory provisions of law (including provisions on the interoperability of computer programs);
- modify, adapt, translate or create derivative works (adaptations) of the Software, combine it with other software or interfere with its code;
- redistribute, copy, rent, lease, lend, sublicense, sell, host, provide as a service (e.g. SaaS, time-sharing) or publicly make available the Software to third parties, in whole or in part;
- circumvent, remove or disable technical safeguards, access control mechanisms, digital rights management (DRM), licensing, verification or other protections applied in the Software;
- remove, conceal or alter any copyright notices, trademarks or other proprietary rights notices contained in the Software;
- use the Software in a manner that violates the law, the rights of third parties, the principles of social coexistence or good morals, or for the purpose of creating products or services competing with the Software;
- use the Software in a manner that may disrupt, overload or damage the Software, the Licensor’s servers or infrastructure, including by means of automated tools (bots, scripts, scrapers) in an unauthorised manner.
A breach of any of the above restrictions constitutes a material breach of the EULA and may result in immediate termination of the License and the Licensor’s pursuit of the claims provided for by law.
§ 5. Intellectual property and RIDOA trademarks
The Software and all of its elements — including the source and object code, the interface, graphics, layout, sounds, texts, databases, documentation, logos, names and other materials — constitute the property of the Licensor or its licensors and are protected by the provisions on copyright and related rights, industrial property law and other applicable provisions of Polish, EU and international law.
This EULA does not transfer to the User any intellectual property rights in the Software, but merely grants a limited License to use it on the terms set out herein. All rights that have not been expressly granted to you remain reserved.
The RIDOA designation and the names and logos of the individual products (including Barvea, Zapp, AutoPolar, ClimaBox) constitute trademarks or trade designations of the Licensor. Use of the Software does not entitle you to use these trademarks or designations in any way without the Licensor’s prior, express, written consent.
§ 6. User content and third-party content
6.1. User content
If the Software enables the entry, upload, storage or sharing of content (e.g. data, texts, photos, files, settings — hereinafter “User Content”), you retain all rights to your User Content. You grant the Licensor a non-exclusive, royalty-free license to host, store, reproduce and process the User Content to the extent necessary to provide and maintain the functionality of the Software and to the extent resulting from the Privacy Policy.
You represent that you hold all rights necessary to enter and process the User Content in the Software and that the User Content does not infringe the law or the rights of third parties. You are solely responsible for the User Content.
6.2. Third-party content and external services
The Software may contain third-party content, link to external websites or integrate with the services of third parties (e.g. providers of maps, payments, authentication, analytics). The use of such content and services may be subject to the separate terms and privacy policies of those entities. The Licensor is not liable for the content, availability or operation of third-party services to the extent that they remain outside its control, subject to mandatory provisions of law.
§ 7. Updates and support
The Licensor may make available updates, fixes, supplements and new versions of the Software (hereinafter “Updates”), which may be required to ensure the proper, secure and lawful operation of the Software. Updates are subject to this EULA, unless a given Update is accompanied by separate terms — in which case those terms bind you.
With respect to digital content and digital services supplied to consumers, the Licensor provides the Updates (including security updates) necessary to keep the Software in conformity with the contract, in accordance with applicable consumer rights provisions. Failure to install the Updates made available within a reasonable time may affect the operation of the Software and the scope of the Licensor’s liability for conformity, on the terms set out in those provisions.
Technical support (where provided) is made available to the extent and on the terms indicated by the Licensor, in particular at kontakt@ridoa.house. The Licensor does not guarantee the provision of support in respect of free versions of the Software, unless mandatory provisions of law provide otherwise.
§ 8. Subscriptions and in-app purchases
Certain features of the Software may be available for a fee — as a subscription or as one-off or recurring in-app purchases. The scope, prices and payment terms are presented in the Software or in the app store before the purchase is made.
8.1. Auto-renewable subscriptions
Subscriptions may be auto-renewable. This means that, at the end of a given billing period, the subscription renews automatically for a further period of the same length, and the fee is charged using the payment method linked to your account in the app store, unless you cancel the subscription before it renews.
8.2. Managing and cancelling subscriptions
Payments for subscriptions and in-app purchases are processed and settled by the relevant app store (Apple App Store or Google Play), in accordance with its terms. Managing a subscription, including cancelling it and turning off auto-renewal, is done on the app store side — in the settings of your Apple ID account (App Store) or your Google account (Google Play) — and not directly within the Software. To avoid being charged for the next period, cancel the subscription at least 24 hours before the end of the current billing period (or by such other deadline as indicated by the given store).
8.3. Trial period
Where a free trial period is offered, any unused portion of the trial period (where applicable) is forfeited upon purchase of the corresponding subscription. If you do not cancel the subscription before the end of the trial period, it will be automatically converted into a paid subscription, and the fee will be charged in accordance with the terms of the given offer and the rules of the app store.
8.4. Refunds and withdrawal
Refunds of payments for purchases made through the app stores are subject to the refund policies of Apple and Google. The consumer’s rights regarding withdrawal from a contract for the supply of digital content or digital services are governed by the applicable consumer rights provisions and the Terms of Service; in the case of digital content supplied with the consumer’s consent before the end of the withdrawal period, the right of withdrawal may expire on the terms set out in those provisions.
Reminder: this document is a working draft — specific prices, the length of billing periods, the terms of the trial period and the refund rules will be detailed in the final version and in the product description in the app store.
§ 9. Disclaimer of warranties (“AS IS”)
To the fullest extent permitted by mandatory provisions of law, the Software is made available “as is” (“AS IS”) and “as available” (“AS AVAILABLE”), without any warranties, express or implied, including in particular without any warranty of fitness for a particular purpose, merchantability, non-infringement of third-party rights, continuity, error-free operation or security of operation.
The Licensor does not warrant that the Software will operate uninterrupted, without errors or defects, or that all defects will be remedied. You use the Software at your own risk, within the limits set by law.
The above disclaimers do not limit or exclude the rights to which you are entitled as a consumer under mandatory provisions of law, in particular the provisions on the conformity of digital content and digital services with the contract and on the seller’s/service provider’s liability towards the consumer. To the extent that such rights apply, this section applies with due regard to those provisions.
§ 10. Limitation of liability
To the fullest extent permitted by mandatory provisions of law, the Licensor is not liable for indirect, consequential, incidental or special damages, lost profits, loss of data, loss of goodwill or business interruption arising from the use or inability to use the Software, even if it has been informed of the possibility of such damages.
To the extent permitted by law, the Licensor’s total liability under or in connection with this EULA and the use of the Software is limited to the amount actually paid by you for the Software or the relevant subscription in the 12 months preceding the event giving rise to the claim; in the case of Software made available free of charge, such liability is excluded to the fullest extent permitted by law.
The above limitations and exclusions do not apply to liability which, under mandatory provisions of law, cannot be excluded or limited, in particular liability for damage caused intentionally, for personal injury (life or health), and liability towards consumers to the extent that the consumer rights provisions do not permit its exclusion or limitation. In relations with a consumer, this section applies solely within the limits permitted by law.
§ 11. Generated content and operation of the Software
You are responsible for the manner in which you use the Software and for the decisions made on the basis of the results, data or content made available by the Software. Where the Software provides information, forecasts, suggestions or the results of data processing, these are of an auxiliary nature and do not replace professional assessment, advice or verification, unless expressly stated otherwise. Use the Software in accordance with its intended purpose and with due care.
§ 12. Termination of the License
This EULA is in force from the moment of its acceptance until it is terminated.
- Termination by the User: you may at any time cease using the Software and terminate this EULA by discontinuing use of the Software and uninstalling (deleting) it from all of your devices. Termination of the EULA does not affect ongoing subscriptions, which you manage on the app store side in accordance with § 8.
- Termination by the Licensor: the Licensor may terminate this EULA and revoke the License with immediate effect if you materially breach its provisions, in particular the restrictions under § 4, or where this is required by law or by a decision of an authorised authority or app store provider.
Upon termination of the EULA, your License expires, and you are obliged to cease using the Software and to uninstall it. Provisions which by their nature should survive termination of the EULA (in particular those concerning intellectual property, disclaimer of warranties, limitation of liability and governing law and jurisdiction) remain in force. Termination of the EULA does not prejudice consumer rights arising from mandatory provisions of law.
§ 13. Provisions required by Apple (App Store)
The provisions below apply solely to Software downloaded from the Apple App Store and are required by Apple Inc. (“Apple”). In the event of any conflict with the remaining content of the EULA, the provisions of this section shall prevail as regards an application downloaded from the App Store.
- Parties to the agreement: this EULA is concluded solely between you and RIDOA, and not between you and Apple. Apple is not a party to this EULA. RIDOA, and not Apple, is solely responsible for the Software and its content.
- Scope of the license: the License granted to you to use the Application is limited to a non-transferable license to use the Application on any Apple-branded device that you own or control, on the terms set out in the Usage Rules contained in the Apple Media Services Terms and Conditions.
- Maintenance and support: RIDOA alone is responsible for providing maintenance and support services in respect of the Application, to the extent required by this EULA or by law. Apple has no obligation whatsoever to provide any maintenance or support in respect of the Application.
- Warranty: RIDOA alone is responsible for any warranties, express or implied, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application to you (where applicable). To the fullest extent permitted by law, Apple has no other warranty obligation whatsoever, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are the sole responsibility of RIDOA.
- Product claims: RIDOA, and not Apple, is responsible for addressing any claims of yours or of third parties relating to the Application or your possession and use of it, including but not limited to claims for: (i) product liability; (ii) any failure of the Application to conform to applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with the use of the HealthKit/HomeKit framework (where applicable).
- Intellectual property (IP) rights: in the event of a third-party claim that the Application or your possession and use of it infringes that party’s intellectual property rights, RIDOA alone, and not Apple, is responsible for the investigation, defence, settlement and discharge of any such claim.
- Legal compliance: you represent 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.
- Developer contact details: for any questions, complaints or claims relating to the Application, please contact RIDOA: RIDOA Sp. z o.o., al. Solidarności 68/121, 00-521 Warszawa, Poland, e-mail: kontakt@ridoa.house.
- Apple as a third-party beneficiary: Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance of its provisions, Apple has the right to enforce this EULA against you as a third-party beneficiary.
§ 14. Provisions relating to Google Play
The provisions below apply solely to Software downloaded from the Google Play store:
- use of Software downloaded from Google Play is additionally subject to the Google Play Terms of Service and other applicable Google terms; in the event of any conflict between those terms and this EULA as regards distribution and payments, the Google Play terms shall prevail;
- Google is not a party to this EULA and is not liable for the Software or its content; sole responsibility in this respect rests with RIDOA;
- payments, subscriptions, in-app purchases and their refunds are carried out in accordance with the Google Play rules, and the management and cancellation of subscriptions is done on the user’s Google account side (see § 8);
- updates to the Software may be downloaded and installed in accordance with the settings of the Google Play store and the user’s device.
§ 15. Final provisions — governing law and jurisdiction
This EULA is governed by Polish law, subject to the mandatory provisions of law of the consumer’s country of habitual residence which afford the consumer more extensive protection and the application of which cannot be excluded by contract.
Any disputes arising out of or in connection with this EULA shall be resolved by the court having jurisdiction by territory and subject matter in accordance with the provisions of Polish law. The foregoing does not limit the consumer’s rights to pursue claims before the court having jurisdiction under the consumer protection provisions, or to use out-of-court methods of handling complaints and pursuing claims, including the EU ODR platform.
If any provision of this EULA proves to be invalid or ineffective, the remaining provisions shall remain in force, and the invalid or ineffective provision shall be replaced by a valid provision that most closely reflects the economic purpose of the provision being replaced.
The Licensor may amend this EULA in justified cases (including a change in the law, in app store requirements, in the functionality of the Software or for security reasons). We will notify you of any changes in a manner appropriate to the nature of the change. Continued use of the Software after the changes take effect means acceptance of them, with respect for consumer rights, including the right to terminate the contract.
In matters not regulated by this EULA, the relevant provisions of Polish law shall apply, in particular the Civil Code, the Act on Copyright and Related Rights, the Act on the Provision of Electronic Services and the consumer rights provisions.
For any questions regarding this EULA, please contact us: kontakt@ridoa.house.
Working draft. The above document is a draft for internal legal approval and is not a binding version of the EULA or legal advice. The content should be verified against the applicable laws and the requirements of the Apple App Store and Google Play before publication.