Pupsy Terms of Service

1. General provisions

1.1. Identity of the service provider

These Terms of Service (hereinafter: Terms) set out the conditions for the electronic provision of the digital service known as "Pupsy" by TAM LABS SP. Z O.O. (hereinafter: Service Provider) to its users (hereinafter: User or Users).

These Terms constitute a contractual template within the meaning of Article 384 of the Polish Civil Code, as well as terms for the provision of services by electronic means within the meaning of Article 8 of the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means (consolidated text: Journal of Laws of 2020, item 344, as amended; hereinafter: UŚUDE).

1.2. Definitions

1.3. Pre-contractual information (Art. 12 of the Consumer Rights Act)

Before the contract is concluded, the Service Provider informs the Consumer of the following:

1. Identity, address and contact details — as set out in section 1.1 above.
2. Main features of the service — a digital service comprising pet health records, AI-based analysis, scanning of veterinary documents, a map of veterinarians, an AI chat, reminders, and a photo gallery (further details in section 3).
3. Cost of using the Service:
   • Free plan — free of charge, including health records, the map of veterinarians, reminders and the gallery; AI features (AI Analysis, AI Chat, document scanning) are available only in the Premium plan;
   • Premium plan — PLN 19.99/month or PLN 169.99/year, with a 7-day trial period.
4. Duration of the contract and conditions of termination — an indefinite-term contract (free plan) or a fixed-term, automatically renewing contract (Subscription). For termination, see sections 5 and 11.
5. Functionality of the digital content (Art. 12(1)(19) of the Consumer Rights Act) — the App requires a device running Android 8.0 or later, or iOS 16.0 or later, and an active internet connection. AI features require data transmission to external servers (OpenAI, USA).
6. Compatibility and interoperability (Art. 12(1)(20) of the Consumer Rights Act) — the App is compatible with devices running Android 8.0+ and iOS 16.0+. It requires Google Play services (Android) or the Apple App Store (iOS).
7. Minimum commitment period — there is no minimum commitment period in the free plan; in the monthly plan — 1 month; in the annual plan — 12 months (with the right to cancel as set out in section 5).
8. Right of withdrawal — the Consumer has the right to withdraw from the contract within 14 days without giving a reason. Detailed information, including the cases in which the right of withdrawal does not apply, is set out in section 5.4 and Appendix A.
9. Out-of-court means of dispute resolution — see section 14.

2. Conditions of use

2.1. Age and legal capacity

The Service may be used by individuals who are at least 16 years old (in accordance with Article 8 GDPR, in conjunction with Article 8(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council, and the Polish Personal Data Protection Act of 10 May 2018). Individuals under 16 may use the App only with the consent and under the supervision of a parent or legal guardian.

2.2. Registration and Account

Use of the Service requires the creation of an Account. Registration takes place via a form within the App. The User is required to provide a true and current email address, which is subject to verification. The User is responsible for the security of their login details and for all activity carried out through the Account.

2.3. Technical requirements

The following are required in order to use the Service:

• A mobile device running Android 8.0 (Oreo) or later, or iOS 16.0 or later;
• An active internet connection (Wi-Fi or mobile data);
• An up-to-date version of the App downloaded from Google Play or the Apple App Store;
• A Google account (Android) or Apple ID (iOS) required to handle payments and updates.

2.4. Marketing consents

Sending marketing communications by electronic means (including push notifications of a commercial nature) requires the User's prior, separate consent, given freely and on an informed basis, in accordance with Article 10 of the UŚUDE and Article 398 of the Polish Telecommunications Act of 16 July 2004. Consent may be withdrawn at any time.

3. Description of services

The Pupsy App is a digital service within the meaning of Article 43a of the Consumer Rights Act and includes the following features:

1. Pet health records — the ability to create and manage profiles of pets, and to record veterinary visits, vaccinations, medications and health measurements.
2. AI Analysis — a feature that allows you to ask the artificial intelligence system questions about your pet's health and to receive informational responses (for detailed disclaimers, see section 4).
3. Document scanning — recognition and digitalization of veterinary documents (test results, prescriptions, vaccination cards) using AI technology.
4. Map of veterinarians — display of veterinary clinics on a map based on the User's location.
5. AI Chat — an interactive chat with the AI system on general topics relating to pet health and care.
6. Reminders — a notification system for veterinary visits, vaccinations, medication doses and other health-related events.
7. Photo gallery — storage of pet photos and documents within the Account.

3.1. Availability

The Service Provider makes every effort to ensure that the Service is available continuously, 24 hours a day, 7 days a week. The Service Provider reserves the right to schedule planned technical (maintenance) breaks for the purposes of updates, repairs or development of the App. Users will be informed in advance of any planned breaks exceeding 4 hours, via the App or by email.

3.2. Map of veterinarians — disclaimer

The "Map of veterinarians" feature displays information about veterinary clinics based on data provided by the Google Maps/Places API. The Service Provider does not verify the accuracy, correctness or completeness of such data, including opening hours, telephone numbers, addresses or scope of services. Before visiting a clinic, the User should independently confirm the availability of a veterinarian, in particular in emergency situations.

3.3. Right to modify the Service

The Service Provider reserves the right to modify, expand, restrict or withdraw individual features of the App (including changing the AI technology provider), provided that such changes do not undermine the essential nature of the Service covered by an active Subscription. The Service Provider will give Users at least 14 days' notice of material changes, in accordance with the procedure set out in section 12.

4. AI features

4.1. Informational nature

Responses generated by the AI system are exclusively informational and educational in nature. The AI system is not a veterinarian, is not licensed to practice veterinary medicine, and is unable to perform a clinical examination of your pet. No interaction with the AI system creates a veterinarian — patient (pet) — owner relationship.

4.2. No warranty of correctness

The Service Provider does not warrant the correctness, completeness, currency or usefulness of the information generated by the AI system. The AI system may generate responses that are inaccurate, out of date, incomplete or unsuited to a specific health situation of a pet. The User acknowledges and accepts this risk.

4.3. No medical device or veterinary service status

The AI features in the Pupsy App do not constitute a medical device within the meaning of Regulation (EU) 2017/745, nor a veterinary service within the meaning of the Polish Act of 18 December 2003 on Veterinary Treatment Facilities (Journal of Laws of 2023, item 1751). The App does not replace professional veterinary care.

4.4. User responsibility

The User bears full responsibility for decisions made on the basis of information obtained from the AI system. Before taking any action concerning a pet's health, in particular administering medication, changing the diet or skipping a veterinary visit, the User should consult a qualified veterinarian. In particular, the User should never give a pet medications or supplements, or change dosages, solely on the basis of information obtained from the AI system. Administering an inappropriate medication or dose may pose an immediate threat to the health and life of the pet.

4.5. Emergencies

4.6. Processing of data by third parties

The AI features are provided using services supplied by OpenAI, L.L.C. (USA). Data entered by the User during interaction with the AI system (including symptom descriptions and pet data) is transmitted to OpenAI's servers in order to generate responses. The data transfer is carried out on the basis of Standard Contractual Clauses (Article 46(2)(c) GDPR). Details of data processing are described in the Privacy Policy.

4.7. AI system transparency (Art. 50 of the AI Act)

In accordance with Article 50 of Regulation (EU) 2024/1689 (the AI Act), the Service Provider informs you that:

• The User is interacting with an artificial intelligence system, not a human being;
• Content generated by AI is marked as machine-generated;
• The AI system uses large language models (LLMs) to generate responses based on training data and the User's queries.

4.8. Reporting incorrect AI responses

The User may report an incorrect, harmful or inappropriate AI response via the flagging mechanism available in the App's interface. Such reports are reviewed by the Service Provider's team in order to continually improve the system. Reports may also be submitted by email to hello@pupsy.app.

5. Subscription and payments

5.1. Pricing plans

5.2. Trial period

New Users may take advantage of a 7-day free trial of the Premium plan. After the trial period ends, the Subscription renews automatically and the fee corresponding to the chosen pricing plan is charged, unless the User cancels the Subscription before the end of the trial.

5.3. Payments and renewals

Payments for the Subscription are handled by Google Play (Android) or the Apple App Store (iOS). The Subscription renews automatically at the end of each billing period (month or year), unless the User cancels it in their Google Play (Android) or Apple App Store (iOS) settings. Cancellation does not entitle the User to a refund of the fee for the current billing period — Premium access remains active until the end of the paid period.

Subscription management (including cancellation) is carried out exclusively in the Google Play account settings (Android: Google Play → Menu → Subscriptions → Pupsy) or Apple ID settings (iOS: Settings → [Name] → Subscriptions → Pupsy).

5.4. Right of withdrawal

The Consumer has the right to withdraw from the contract for the supply of digital content or a digital service within 14 days from the day the contract is concluded, without giving a reason. The model withdrawal form is set out in Appendix A to these Terms.

Pursuant to Article 38(13) of the Consumer Rights Act, the right of withdrawal does not apply to the Consumer if all three of the following conditions are met:

1. The Consumer has given prior, express consent to the commencement of the digital service before the withdrawal period has expired (a separate declaration — checkbox);
2. The Consumer has been informed of the loss of the right of withdrawal before the service is commenced;
3. The Service Provider has provided the Consumer with confirmation on a durable medium (email) in accordance with Article 15(1) and Article 21(1) of the Consumer Rights Act.

The wording of the declaration (checkbox) required before the service is commenced:

If the above consent is not given, the Consumer retains the right of withdrawal under the general rules. The withdrawal declaration may be submitted using the form in Appendix A or in any other form of unequivocal statement.

6. Conformity of digital content

This section governs the Consumer's rights under Chapter 5b of the Consumer Rights Act (Articles 43a–43q), concerning the conformity of digital content or a digital service with the contract.

6.1. Obligation to deliver a conforming digital service

The Service Provider is required to deliver a digital service to the Consumer that is in conformity with the contract. A digital service is considered to be in conformity with the contract if, in particular, its description, type, quantity, quality, completeness, functionality, compatibility, interoperability and the availability of technical support and updates conform with the contract.

6.2. Remedies in the event of non-conformity

If the digital service is not in conformity with the contract, the Consumer is entitled to the following remedies:

1. To request that the digital service be brought into conformity with the contract — the Service Provider will bring the digital service into conformity with the contract within a reasonable time after being informed by the Consumer of the lack of conformity, and without undue inconvenience for the Consumer.
2. To make a declaration of price reduction or withdrawal from the contract — if:
   • bringing the digital service into conformity with the contract is impossible or would involve disproportionate costs;
   • the Service Provider has failed to bring the digital service into conformity with the contract;
   • the lack of conformity persists, even though the Service Provider has attempted to bring the digital service into conformity with the contract;
   • the lack of conformity is so significant that it justifies a price reduction or withdrawal from the contract without first requesting that the digital service be brought into conformity;
   • it is clear from the Service Provider's statement or from the circumstances that the Service Provider will not bring the digital service into conformity with the contract within a reasonable time or without significant inconvenience to the Consumer.

6.3. Period of liability

The Service Provider is liable for any lack of conformity of the digital service with the contract that existed at the time of supply and became apparent within 2 years from that time. For a digital service supplied on a continuous basis — the Service Provider is liable for any lack of conformity that occurred or became apparent during the period over which the digital service was to be supplied.

7. User content

7.1. Copyright

The User retains full copyright in the content they create or upload while using the Service (including pet photos, symptom descriptions, and health notes).

7.2. License granted to the Service Provider

By uploading content to the App, the User grants the Service Provider a non-exclusive, royalty-free, worldwide license to use such content solely to the extent necessary for the provision of the Service, including:

• storing the content on the servers of the Service Provider and its subprocessors;
• processing the content by the AI system in order to generate responses;
• displaying the content to the User within the App;
• creating backup copies.

The license expires upon deletion of the content by the User or deletion of the Account (subject to the backup retention period, which does not exceed 30 days).

7.3. User representations

By uploading content to the App, the User represents and warrants that:

1. they hold the copyright or appropriate licenses to the uploaded content;
2. the uploaded content does not infringe the rights of third parties, including copyrights, image rights or personal rights;
3. the uploaded content does not contain personal data of third parties without their consent.

8. Intellectual property

The Pupsy App, including its source code, graphic design (UI/UX), elements of visual identity (logo, icons, colour scheme), editorial content, databases and AI models, is the intellectual property of the Service Provider (TAM LABS SP. Z O.O.) or of entities from which the Service Provider has obtained the appropriate licenses, and is protected under the Polish Act of 4 February 1994 on Copyright and Related Rights, the Polish Industrial Property Act of 30 June 2000, and provisions of international law.

The User is not granted a license to copy, reproduce, modify, distribute, publicly make available, decompile, disassemble or otherwise use any elements of the App beyond the scope of ordinary use of the Service. The "Pupsy" name and the related trademarks are protected.

9. Limitation of liability

9.0. No warranties (to the extent permitted by law)

To the fullest extent permitted by mandatory provisions of law, the Service is provided on an "as is" and "as available" basis. The Service Provider makes no warranties, express or implied, in particular as to fitness for a particular purpose, uninterrupted availability or error-free operation.

9.1. Limitation of liability for damages arising from non-performance or improper performance of the contract

In the event of unintentional breach of contractual obligations (ordinary negligence), the Service Provider's liability to the User is limited to direct, foreseeable damage actually incurred by the User, up to an amount equal to the fees paid by the User to the Service Provider during the 12 months preceding the event giving rise to the damage.

9.1a. Exclusion of indirect damages

To the fullest extent permitted by mandatory provisions of law, the Service Provider is not liable for:

1. lost profits (lucrum cessans);
2. indirect and consequential damages;
3. loss of data not caused by intentional acts of the Service Provider;
4. damages arising from interruptions to the availability of the Service caused by circumstances beyond the Service Provider's control;
5. damages arising from the acts or omissions of third parties (including OpenAI, Google, Apple, telecommunications operators).

This exclusion does not affect the Consumer's rights under mandatory provisions of law, including Chapter 5b of the Consumer Rights Act.

9.2. Carve-outs from the limitation of liability

The limitation of liability set out in section 9.1 does not apply to:

1. damage caused intentionally or as a result of gross negligence (Article 473 § 2 of the Polish Civil Code);
2. personal injury (life, health, bodily integrity);
3. breaches of statutory obligations, the limitation of which is excluded by operation of law;
4. Consumer claims under Chapter 5b of the Consumer Rights Act (conformity of digital content with the contract — section 6 of these Terms).

9.3. Liability for AI-generated content

The limitations and exclusions of the Service Provider's liability with respect to content generated by the AI system are set out in detail in section 4 of these Terms. The Service Provider is not liable for damage arising from the User's decisions made on the basis of information generated by the AI system without consultation with a qualified veterinarian.

10. Prohibited activities

The User undertakes not to use the Service in a manner that is contrary to law, generally accepted standards of conduct or these Terms. In particular, the following are prohibited:

1. Taking actions that may disrupt the proper functioning of the App, including DDoS attacks, attempts to overload the servers or to interfere with the technical infrastructure;
2. Reverse engineering, decompilation, disassembly or any other attempts to obtain access to the App's source code, except where permitted by mandatory provisions of law;
3. Automatically extracting data from the App (scraping, crawling) using bots, scripts or other automated tools;
4. Uploading content that is unlawful, including content inciting hatred, pornographic content, content infringing the rights of third parties, or content depicting cruelty to animals;
5. Impersonating other persons, institutions or entities, including veterinarians;
6. Attempting to circumvent the limits of the free plan, including the creation of multiple Accounts in order to obtain additional free AI queries;
7. Using AI responses to provide veterinary services without the appropriate qualifications;
8. Sharing Account login details with third parties.

In the event of a breach of the above rules, the Service Provider reserves the right to suspend or delete the User's Account after first calling on the User to cease the breach and granting a 7-day period for response (except in the case of serious breaches that threaten the security of the Service or other Users — in which case the Account may be suspended immediately).

10.9. Indemnification

A User who is not a Consumer undertakes to indemnify and hold the Service Provider, its employees, contractors and subprocessors harmless from any and all claims, demands, damages, costs and expenses (including reasonable legal fees) arising from:

1. the User's breach of these Terms;
2. the User's infringement of the rights of third parties;
3. use of information from the AI system in a manner inconsistent with section 4;
4. content uploaded by the User to the App.

This section does not apply to Consumers.

11. Account deletion

11.1. Methods of Account deletion

The User may at any time request the deletion of the Account via:

1. The App — in the Account settings (Profile → Settings → Delete account);
2. The website — at https://pupsy.app/delete-account;
3. Email — by sending a message to hello@pupsy.app from the address linked to the Account.

11.2. Execution of deletion

Where the request to delete the Account is made via the App, deletion is carried out without undue delay and is irreversible. Before confirming deletion, the User is informed of the irreversible nature of the operation and must confirm the decision.

11.3. Scope of data deletion

Once the Account is deleted, all of the User's data is permanently deleted on a cascading basis, including: the profile, pet records, AI chat history, scanned documents, photos and settings. The Service Provider will send a confirmation of Account deletion to the User's email address.

11.4. Data retention exceptions

Notwithstanding deletion of the Account, the Service Provider is required to retain billing data (invoices, transaction data) for a period of 5 years from the end of the tax year in which the transaction was carried out, in accordance with Article 74 of the Polish Accounting Act of 29 September 1994 and Article 86 § 1 of the Polish Tax Ordinance.

12. Changes to the Terms

12.1. Notification of changes

The Service Provider will notify the User of any planned changes to the Terms at least 14 days before they take effect, by sending information on a durable medium (the email associated with the Account) containing the proposed wording of the changes and a summary of the differences from the previous version of the Terms.

12.2. Acceptance of changes

The amended Terms will only take effect with respect to the User after the User has given active consent in the App (a modal window with "Accept" / "Do not accept" options). The mere continued use of the Service does not constitute acceptance of the new Terms.

12.3. Price changes

Price-list changes constitute a separate communication and require the User's express, separate consent. A change in prices does not affect the current, paid billing period.

13. Complaints

13.1. Filing a complaint

The User may file a complaint regarding the operation of the Service by email to hello@pupsy.app or via the contact form within the App. A complaint should include at least: the User's name and email address, a description of the issue, and the requested resolution.

13.2. Time limit for handling complaints

The Service Provider will examine and respond to complaints within 14 days of receipt, in accordance with Article 7a of the Consumer Rights Act.

14. Dispute resolution

14.1. ODR platform

The Consumer may use the Online Dispute Resolution (ODR) platform provided by the European Commission at: https://ec.europa.eu/consumers/odr.

14.2. Out-of-court dispute resolution (ADR)

The Consumer has the right to use out-of-court means of handling complaints and pursuing claims, in particular:

• Applying to the Voivodeship Inspector of the Trade Inspectorate for the initiation of mediation proceedings;
• Applying to the permanent consumer arbitration court operating at the Voivodeship Inspector of the Trade Inspectorate for the resolution of the dispute;
• Seeking the assistance of a district (city) consumer ombudsman or an organization whose statutory tasks include consumer protection;
• Lodging a complaint via the ODR platform referred to in section 14.1.

14.3. Jurisdiction of the courts

Disputes that are not resolved amicably will be settled by the courts of general jurisdiction in accordance with the provisions of the Polish Code of Civil Procedure of 17 November 1964. In the case of disputes with Consumers, jurisdiction is determined under the general rules (including by reference to the Consumer's place of residence).

15. Force majeure

The Service Provider is not liable for the non-performance or improper performance of obligations under these Terms, where this is caused by circumstances of force majeure (force majeure), i.e., external, extraordinary and unavoidable events, in particular:

• natural disasters (floods, earthquakes, epidemics, pandemics);
• acts of war, terrorism, riots, states of emergency;
• failures of telecommunications or energy infrastructure beyond the Service Provider's control;
• decisions of public authorities preventing the provision of the Service;
• cyberattacks of a scale exceeding standard protective measures;
• failures, restrictions or cessation of operations by third-party service providers (including OpenAI, Google, Apple, Supabase, RevenueCat) beyond the Service Provider's control;
• regulatory changes or sanctions affecting the availability of third-party services.

In the event of a force majeure event, the Service Provider will notify Users of the cause and the expected duration of the interruption to the Service without undue delay after becoming aware of such circumstances. If the interruption to the Service caused by force majeure lasts more than 30 days, the User holding an active Subscription will be entitled to a pro-rata refund of the fee for the period during which the Service was unavailable.

16. Governing law

16.1. Choice of law

These Terms are governed by Polish law. Matters not regulated in these Terms are governed by the provisions of Polish law, in particular: the Civil Code, the Consumer Rights Act, the UŚUDE, the GDPR and the Personal Data Protection Act.

16.2. Availability of the document

The Terms are made available in a form that allows them to be downloaded, retained and printed, in accordance with Article 8(1)(2) of the UŚUDE. The Terms in PDF format are available for download on the Service Provider's website and within the App.

17. Final provisions

17.1. Effective date

These Terms enter into force on March 6, 2026.

17.2. Sole proprietors

Pursuant to Article 385⁵ of the Polish Civil Code, the provisions concerning consumers (with respect to the application of unfair contractual terms, statutory warranty, and the right of withdrawal) also apply to a natural person concluding a contract directly related to their business activity, where the content of that contract indicates that it does not have a professional character for that person, in particular by reference to the subject matter of their business activity made available on the basis of the regulations on the Central Register and Information on Business Activity. Such persons are treated, for the purposes of these Terms, in the same way as Consumers.

17.3. Severability

If any provision of these Terms is held to be invalid, ineffective or unenforceable by a competent court or authority, the remaining provisions of the Terms remain in force. In place of the invalid or ineffective provision, the corresponding provisions of Polish law apply, and the Parties will endeavour to agree a replacement provision that, to the greatest extent possible, achieves the economic purpose of the original provision.

17.4. Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between the Service Provider and the User in respect of use of the Service, subject to mandatory provisions of law, which take precedence.

17.5. Survival clause (continued effect after termination)

Termination or expiration of the contract does not affect the continued effect of provisions which, by their nature, are intended to remain in force, in particular:

• § 8 (Intellectual property);
• § 9 (Limitation of liability);
• § 11 (Account deletion — as regards data retention);
• § 14 (Dispute resolution);
• § 16 (Governing law);
• this § 17 (Final provisions).

17.6. Governing language

These Terms have been drawn up in Polish. If a translation of the Terms is made available in another language, the Polish version is authoritative in the event of any discrepancies between the language versions.

17.7. Assignment

The Service Provider may assign its rights and obligations under these Terms to a third party (in particular in the case of a merger, acquisition or sale of a substantial part of the business), provided that it gives the User at least 30 days' notice before the planned assignment date. The assignment may not worsen the legal situation of the Consumer. A User who does not consent to the assignment has the right to terminate the contract with immediate effect, retaining the right to a pro-rata refund of the fee for the unused portion of the Subscription.