Terms of Service

I. General Provisions

§ 1. Definitions

Whenever these Terms of Service refer to:

1. Controller/Service Provider - means Marduk.ai sp. z o.o. with registered office in Warsaw (02-367), at ul. Grójecka 104/9, Tax ID: 7011268052, entered into the register of entrepreneurs kept by the District Court for the Capital City of Warsaw under KRS number 0001182086
2. Application - means the Marduk.ai mobile application available in Google Play Store and Apple App Store
3. User - means a natural person, legal person, or organizational unit without legal personality using the Application
4. Consumer - means a User who is a natural person performing a legal act unrelated directly to their business or professional activity
5. Account - means a collection of resources and permissions created for the User in the Application
6. Subscription - means a paid service providing access to all Application features
7. Services - means all services provided by the Controller through the Application
8. Terms of Service - means this document together with the Privacy Policy

§ 2. Controller Data and Contact

§ 3. Subject and Scope of Terms

1. These Terms of Service define the rules for providing electronic services through the Application, in particular:
   • type and scope of services provided
   • conditions for using the Application
   • rules for concluding and terminating contracts
   • conditions for providing paid Subscription
   • complaint procedure
2. These Terms constitute regulations for providing electronic services within the meaning of the Act of July 18, 2002 on the provision of electronic services
3. The integral parts of the Terms are:
   • Privacy Policy
   • Consents for Personal Data Processing

II. Services Provided by the Application

§ 4. Type and Scope of Services

The Controller provides the following electronic services:

Services within paid Subscription:

• Access to all educational content supporting alcohol consumption reduction
• Full AI assistant features with context memory
• Personal alcohol reduction plans
• Detailed progress analysis and statistics
• All supporting and motivating features
• Technical support

§ 5. Nature of Services

1. The Application has an exclusively educational and supportive nature
2. The Application does not constitute medical advice and is not a medical device within the meaning of applicable regulations
3. Content contained in the Application is informational in nature and does not replace consultation with a doctor
4. The Controller is not responsible for decisions made by Users based on content contained in the Application

§ 6. Technical Requirements

To use the Application, the following is necessary:

• Mobile device with Android (version 8.0 or newer) or iOS (version 13.0 or newer)
• Internet access (Wi-Fi or mobile data)
• Minimum 100 MB of free space on the device
• Active Google/Apple account to download the Application
• Paid subscription

III. Rules for Using the Application

§ 7. Account Creation and Subscription

1. Registration conditions:

• No age restrictions
• Providing a valid email address
• Creating a secure password
• Accepting the Terms of Service and Privacy Policy
• Paying for the first subscription

2. Registration and activation process:

• Downloading and installing the Application
• Completing the registration form
• Confirming the email address
• Reviewing the Terms and providing consents
• Paying the subscription fee of 19.99 PLN / 5.99 EUR / 4.99 GBP / 999 JPY monthly (after 7-day trial period)
• Account activation after positive payment verification

3. One User may have only one active Account

§ 8. Rules for Using the Application

User undertakes to:

1. Use the Application according to its intended purpose
2. Provide truthful data during registration
3. Maintain confidentiality of Account access credentials
4. Immediately notify the Controller of unauthorized access attempts to the Account
5. Comply with applicable laws
6. Pay subscription fees on time

User is prohibited from:

1. Posting illegal content (defamatory, false, pornographic, racist)
2. Violating rights of other users or third parties
3. Attempting to break into the system or bypass security measures
4. Copying, modifying, or distributing the Application's source code
5. Using the Application for commercial purposes without Controller's consent
6. Creating false accounts or impersonating other persons
7. Attempting to bypass the subscription payment system

§ 9. User Responsibility

1. User bears full responsibility for:

• Content entered into the Application
• Consequences of using the Application
• Maintaining confidentiality of access credentials
• Actions taken on their Account
• Timely payment of subscription fees

2. Sanctions for violating the Terms:

• Warning
• Temporary Account suspension (up to 30 days)
• Immediate termination of Agreement and Subscription cancellation
• Permanent deletion of Account and all data

IV. Subscription

§ 10. Subscription Conditions

1. Only available plan:

• Monthly: 19.99 PLN / 5.99 EUR / 4.99 GBP / 999 JPY
• 7-day free trial period for new users
• Automatic renewal: every month
• No other plans or free version

2. Payment methods:

• Stripe

3. Automatic renewal:

• Subscription is automatically renewed every month
• No notifications about upcoming renewal
• Fee charged automatically on renewal date
• Ability to cancel at any time in the Application

§ 11. Payment Rules

1. Fees are charged:

• Immediately upon activation of first Subscription
• At gross price (with VAT)

2. Currency: Polish Złoty (PLN), Euro (EUR), Pound Sterling (GBP) or Japanese Yen (JPY) depending on location

3. VAT invoices:

• Not sent automatically
• Available optionally upon User's request

4. Failed payment:

• Immediate loss of access to the Application
• 5-day grace period to fix the payment issue
• Automatic Subscription cancellation after 5 days

§ 12. Subscription Management

Subscription cancellation possible EXCLUSIVELY through:

• Application Settings → Cancel Subscription
• No possibility of cancellation via email, phone, or other channels

Cancellation consequences:

• Immediate loss of access to all Application features
• Automatic and irreversible deletion of all user data
• No possibility to recover data after cancellation
• No refund for the current billing period

V. Right of Withdrawal

§ 13. Consumer Right of Withdrawal

1. Consumer has the right to withdraw from the contract within 14 days:

• From the date of contract conclusion (registration and first payment)
• Without giving a reason
• Without bearing cancellation costs

2. Withdrawal procedure:

• Exclusively via statement sent by traditional mail to the company's address
• Address: Marduk.ai sp. z o.o., Grójecka 104/9, 02-367 Warsaw, Poland
• We do not accept withdrawal statements sent by email or through other electronic channels
• Refund within 14 days of receiving properly submitted statement

3. Withdrawal consequences:

• Immediate loss of access to the Application
• Deletion of all user data
• Full refund of paid amount

§ 14. Withdrawal Statement Template

VI. Responsibility and Complaints

§ 15. Controller's Responsibility

1. Controller makes every effort to ensure:

• Uninterrupted Application operation
• Current and valuable content
• Data security

2. Controller is not responsible for:

• Decisions made by Users based on Application content
• Consequences of Internet access interruption
• Mobile device operating system actions
• Consequences of Terms violation by Users
• Consequences of payment issues on payment providers' side

3. Controller's liability is limited to the amount of fees paid by the User in the last 12 months

§ 16. Complaint Procedure

1. Complaints can be submitted EXCLUSIVELY:

• By email to: [email protected]
• We do not accept complaints by phone, mail, or through other channels

2. Complaint should include:

• User's contact details (name, surname, email used in the application)
• Detailed problem description
• Expected resolution method
• Date of problem occurrence
• Screenshots or other supporting materials (if applicable)

3. Complaint processing:

• Receipt confirmation: within 2 business days
• Processing: within 14 business days
• Response: to email address provided in the complaint

VII. Personal Data Protection

§ 17. Personal Data Processing

1. Controller processes personal data in accordance with:

• GDPR Regulation
• Privacy Policy
• Consents provided by the User

2. Detailed information about data processing is contained in the Privacy Policy

3. For data protection matters contact:

• Email: [email protected]

4. Data deletion:

• After Subscription cancellation, all user data is automatically and irreversibly deleted
• Exception: data required by law (payment history - 5 years)

VIII. Intellectual Property

§ 18. Copyright

1. The Application and its content are protected by copyright
2. User obtains a non-exclusive license to use the Application in accordance with the Terms only during active Subscription period
3. It is prohibited to:
   • Copy Application content
   • Decompile source code
   • Create derivative works
   • Reverse engineer
   • Share account access with other persons

§ 19. User-Generated Content

1. User retains copyright to content they enter into the Application
2. User grants Controller a non-exclusive license to use content for service provision purposes
3. Controller may moderate content entered by Users
4. All user content is deleted after Subscription cancellation

IX. Final Provisions

§ 20. Changes to Terms of Service

1. Controller may change the Terms in the following cases:

• Changes in legal regulations
• Introduction of new features
• Changes in scope of provided services
• Security reasons
• Changes in subscription prices

2. Change procedure:

• Notification of changes: 14 days before entry into force
• Delivery via: email, notification in the Application
• No objection within 14 days = acceptance of changes
• Right to cancel subscription in case of objection

§ 21. Contract Termination

1. Contract may be terminated:

• By User: at any time (cancel Subscription in the Application)
• By Controller: immediately in case of Terms violation or payment issues

2. Termination consequences:

• Immediate loss of access to the Application
• Automatic and irreversible deletion of all user data
• No refund for the current billing period (unless right of withdrawal)

§ 22. Dispute Resolution

1. Amicable dispute resolution:

• Direct negotiations
• Mediation
• Proceedings before consumer ombudsman

2. Court proceedings:

• Jurisdiction of Polish courts
• Polish law as applicable law
• For consumers: possibility to choose court according to Code of Civil Procedure provisions

§ 23. Language Versions

1. The Application is available in Polish and English
2. In case of discrepancies between language versions, the Polish version is binding
3. These Terms of Service are governed by the Polish version

§ 24. Terms Availability

1. Terms are available exclusively:

• On the website: marduk-ai.app
• Via link in the Application leading to the website
• On request in a form allowing download and storage

2. Terms are not available directly in the Application - only through link to the website

§ 25. Final Clauses

1. In matters not regulated by the Terms, the following apply:

• Act of July 18, 2002 on the provision of electronic services
• Act of May 30, 2014 on consumer rights
• GDPR Regulation
• Civil Code

2. If any provision of the Terms proves invalid, the remaining provisions remain in force

3. Terms enter into force on the date of publication on the website

Attachments

Attachment 1: Withdrawal Statement Template

(content as in § 14)

Attachment 2: Contact Details

• Technical support:[email protected]
• Complaints:[email protected]
• Data protection:[email protected]
• Correspondence address: Marduk.ai sp. z o.o., Grójecka 104/9, 02-367 Warsaw, Poland

Attachment 3: Payment Providers

• Stripe Inc. - domestic and international payments

Attachment 4: Consents

1. Required Consents for Application Use

1.1 Acceptance of Application Terms and Conditions (REQUIRED)

☐ I accept all terms and conditions for using the Marduk.ai application

This consent includes:

• Acceptance of Application Terms of Service and Privacy Policy
• Consent to conclude paid subscription agreement (19.99 PLN/5.99 EUR/4.99 GBP/999 JPY monthly, after 7-day free trial period)
• Consent to process data necessary for service provision
• Consent to automatic subscription renewal every month
• Acceptance of cancellation terms (only in application, data loss)

Legal basis: Art. 6(1)(b) GDPR (contract performance)

Consequences of not providing consent: Inability to use the application

Withdrawal option: Cancel subscription in the application

2. Technology and Enhancement Consents

2.1 Consent to Cookies and Tracking Technologies (REQUIRED FOR OPERATION)

☐ I consent to the use of cookies and similar technologies

Includes all necessary and enhancement cookies:

• Essential cookies: session maintenance, security, basic functions
• Analytics cookies: analysis of application usage patterns, statistics
• Functional cookies: remembering preferences, personalization
• Local data storage: cache, offline, user settings

Legal basis: Art. 173 Telecommunications Law + Art. 6(1)(a) GDPR

Data types: Device identifiers, preferences, activity history

Withdrawal method: Application settings → Cookies and privacy → Manage cookies

2.2 Advanced AI Features and Personalization (REQUIRED FOR OPERATION)

☐ I consent to advanced features and data analysis

This consent combines the following features:

• Optional data: processing first name, last name, date of birth, gender
• Advanced AI assistant: context memory, conversation analysis
• Usage analytics: detailed analysis of application usage patterns
• Content personalization: adapting content to user profile
• Content suggestions: AI-powered educational recommendations

Legal basis: Art. 6(1)(a) GDPR (consent)

Processing period: Until consent withdrawal or subscription cancellation

Consequences of not providing consent: Application operates in basic mode

Withdrawal method: Application settings → Personalization → Disable advanced features

3. Marketing Consents (Optional)

3.1 Marketing Communication

☐ I consent to receiving marketing information

Includes all communication channels:

• Email marketing: newsletter, promotions, news about updates
• Push notifications: motivational content, reminders, promotions
• Research contact: invitations to interviews, surveys, beta tests

Legal basis: Art. 6(1)(a) GDPR + Art. 398 Electronic Communications Act

Frequency: Maximum 2 times per week (email), as needed (push, research)

Withdrawal method: "Unsubscribe" link in emails or Application settings → Communication

4. Payment and Accounting Consents

4.1 Processing of Payment and Accounting Data (REQUIRED FOR SUBSCRIPTION)

☐ I consent to processing of financial data

Includes full payment data processing:

• Payment data: first name, last name, card details, transaction history
• Payment providers: Stripe (according to their policies)
• Accounting: data for potential VAT invoices (optionally on request)
• Payment reminders: notifications about payment issues

Legal basis: Art. 6(1)(b) GDPR (contract performance) + Art. 6(1)(c) (legal obligation)

Retention period: Until subscription termination + 5 years (accounting requirements)

Automatic renewal: Every 30 days without additional notifications

5. Consent Management

5.1 Methods of Withdrawing Consents

In the application:

• Application settings → Privacy and consents → Manage consents
• Each consent can be withdrawn independently

By email:

• Write to: [email protected]
• Specify: which consents you want to withdraw

Subscription cancellation:

• Exclusively in the application: Settings → Subscription → Cancel
• Results in immediate deletion of all data

5.2 Consequences of Withdrawing Consents