1. Acceptance of Terms
These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Albert Napiórkowski, operating under the name Carely (the “Controller”, “we”, “us”, “our”), regarding the use of the Carely mobile application (the “App”). By downloading, installing, launching, or using the App, you accept the provisions of these Terms. If you do not accept the Terms, do not use the App.
2. Description of the Service
Carely is a mobile application for managing medication reminders. The App supports two user roles:
- Patient (free, anonymous account): configuring medication reminders, handling push notifications, tracking dose statuses, managing medication supplies, optionally connecting with a Caregiver.
- Caregiver (paid subscription): monitoring the Patient’s adherence to their medication schedule in real time, access to the adherence dashboard, dose history, alerts about missed doses.
The App is not a medical device and does not constitute medical advice. The full text of the medical disclaimer is set out in point 8 of these Terms.
3. Age Requirements
The App is intended for persons who have reached 16 years of age – in accordance with Art. 8 GDPR and Art. 7 of the Act of 10 May 2018 on the Protection of Personal Data. By using the App, you declare that you meet this age requirement. We do not knowingly collect data from persons under 16 years of age.
4. License and Restrictions
4.1. Grant of License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App on devices that you own or control, solely for personal and non-commercial purposes.
4.2. Restrictions
You agree that you will NOT:
- modify, reverse-engineer, decompile, disassemble, or create derivative works of the App,
- remove, alter, or obscure any proprietary notices contained in the App,
- use the App for any illegal, harmful, or unauthorized purposes,
- attempt to gain unauthorized access to any part of the App or its systems,
- use automated scripts, bots, or similar tools to access the App,
- interfere with or disrupt the operation of the App or its servers,
- reproduce, distribute, publicly display, or create derivative works based on the App,
- sell, rent, lease, sublicense, or transfer rights to use the App,
- use the App in a manner harmful to minors,
- impersonate any person or entity,
- transmit viruses, malware, or other harmful code,
- violate any applicable laws, regulations, or the rights of third parties.
5. User Accounts
5.1. Patient Account
The Patient account is anonymous – it does not require providing an email address or any other personal identifier. The Patient is responsible for all actions taken within their account. Loss of the device by a Patient who is not connected to a Caregiver results in the permanent loss of access to the account data – this is a deliberate design decision aimed at eliminating the barrier to registration. More information on account recovery is set out in the Privacy Policy.
5.2. Caregiver Account
The Caregiver creates a full account with email address verification. The Caregiver is responsible for maintaining the confidentiality of their login credentials and for all actions taken within their account. In the event of suspected unauthorized access to the account, the Controller must be notified without undue delay.
5.3. User Data
You retain full rights to the data you enter into the App (such as medication data and notes). By using the App, you grant us a license to store and process this data in accordance with the Privacy Policy. We process the data in accordance with applicable data protection regulations, including the GDPR.
5.4. Accuracy of Information
You agree to provide accurate, current, and complete information during the App configuration process.
6. Premium Subscriptions
6.1. Subscription Terms
Access to the Caregiver features requires a paid subscription (the “Caregiver Access”). Subscriptions are handled through the Apple App Store or the Google Play Store and are subject to their respective terms.
6.2. Payments
- Subscription fees are charged to your Apple App Store or Google Play Store account.
- Payment is made upon confirmation of the purchase.
- Subscriptions renew automatically unless you disable auto-renewal at least 24 hours before the end of the current period.
- The renewal fee is charged within 24 hours before the end of the current period.
- You can manage and cancel your subscription in your account settings in the App Store or Play Store.
6.3. Refunds
Refunds are handled in accordance with the refund policy of the Apple App Store or the Google Play Store. As an EU consumer, you may have the right to withdraw from the contract within 14 days of purchase, subject to exceptions concerning digital content in accordance with Directive (EU) 2019/770.
6.4. Price Changes
We reserve the right to change subscription prices at any time. We will notify existing subscribers of a price increase at least 30 days before it takes effect. Price changes do not apply to the current subscription period purchased before the change.
7. Intellectual Property Rights
7.1. Ownership
The App, including all content, features, software, designs, texts, graphics, logos, and underlying technology, is the property of the Controller and is protected by copyright law, trademark law, patent law, trade secret law, and other intellectual property protection regulations.
7.2. User-Generated Content
You retain full ownership rights to the custom content you create in the App (such as medication notes). You grant us a non-exclusive license to store and display this content solely for the purpose of providing the service.
7.3. Trademarks
“Carely” and the associated logos are trademarks of the Controller. You may not use these trademarks without prior written consent.
8. Medical Disclaimer
8.1. No Medical Advice
The App is not intended to provide medical or therapeutic advice. The reminders and content provided by the App serve organizational purposes only and do not constitute a substitute for professional medical advice, diagnosis, or treatment. The App is a tool supporting medication adherence, not a medical device.
8.2. Consultation with a Specialist
Always seek the advice of qualified healthcare professionals regarding your medications and your health condition. Never disregard professional medical advice or delay seeking it because of content in this App.
8.3. Emergencies
In the event of a life- or health-threatening situation related to medications, contact emergency services immediately:
- Poland: 112 (emergency number) or 999 (Emergency Medical Services)
- Other EU countries: 112 (European emergency number)
- United States: 911
The App is not designed for crisis interventions or for handling life-threatening situations.
9. Disclaimer of Warranties
To the maximum extent permitted by law (subject to mandatory consumer protection provisions for EU consumers), the App is provided “as is” and “as available” without any warranties, express or implied, including but not limited to:
- implied warranties of merchantability, fitness for a particular purpose, and non-infringement,
- warranties as to the accuracy, reliability, or completeness of the content,
- warranties that the App will operate uninterrupted, securely, or error-free,
- warranties as to the results obtained from using the App.
Note for EU consumers: If you are a consumer in the EU, the above disclaimer does not affect your statutory rights arising from applicable consumer protection provisions, including the right to conformity of digital content and services arising from Directive (EU) 2019/770.
10. Limitation of Liability
10.1. Note for EU Consumers
These provisions do not exclude or limit our liability for death or personal injury caused by our negligence, for fraud or misrepresentation, for any liability that cannot be excluded or limited under applicable consumer protection provisions, or for the breach of mandatory conformity requirements arising from EU law.
10.2. Exclusion of Damages
Subject to point 10.1, to the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, data, reputation, business interruption, or other intangible losses, even if we have been advised of the possibility of such damages.
10.3. Maximum Liability
Subject to point 10.1, our total liability to you for all claims arising from these Terms or from the use of the App shall not exceed the greater of the following: (a) the amount you have paid in the twelve (12) months preceding the claim, or (b) one hundred euros (100,00 EUR).
11. Third-Party Services
The App integrates with and uses third-party services: Supabase, RevenueCat, Sentry, PostHog, UserJot, and Expo Notifications. We are not liable for:
- the availability, accuracy, or content of third-party services,
- the privacy practices of those entities or their terms of service,
- any damage or loss caused by third-party services.
The use of third-party services is subject to their own terms of service and privacy policies, described in detail in the Privacy Policy.
12. Connecting the Patient with the Caregiver
Connecting the Patient account with the Caregiver account is voluntary and initiated by the Patient by entering an invitation code. The Patient consents to sharing data concerning their medications and dose history with the Caregiver. The Patient can disconnect the connection at any time from the App’s settings. The Caregiver has read-only access to the data – they cannot modify the Patient’s reminders. Detailed rules on the flow of data are set out in the Privacy Policy.
13. Changes to the App and the Terms
13.1. Changes to the App
We reserve the right to modify, suspend, or discontinue the App (or any part of it) at any time, with or without prior notice. We are not liable to you or to third parties for any modification, suspension, or discontinuation of the App.
13.2. Changes to the Terms
We may amend these Terms from time to time. The date in the document’s header indicates when the Terms were last updated. You will be notified of material changes via the App or by email (if the Caregiver has provided an address). Continued use of the App after the changes take effect constitutes acceptance of the amended Terms.
14. Termination
14.1. Termination by the User
You may stop using the App at any time and delete it from your devices. Deleting the App does not automatically cancel paid subscriptions – you must cancel the subscription yourself in the App Store or Play Store settings.
14.2. Termination by Us
We may immediately, without prior notice, suspend or terminate your access to the App for any reason, in particular in the event of a breach of these Terms.
14.3. Effects of Termination
Upon termination:
- all licenses granted to you immediately expire,
- you must stop using the App and delete it from your devices,
- provisions that by their nature should survive termination remain in force, including provisions concerning ownership, disclaimer of warranties, and limitation of liability.
15. Geographic Availability
The App is controlled and operated from the territory of Poland and is intended primarily for users from the European Union. We do not guarantee that the App is suitable or available in all locations. Access to the App from territories where its content is illegal is prohibited. Users from outside the European Union use the App at their own risk and are responsible for compliance with local regulations.
16. Accessibility for Persons with Disabilities
We strive to ensure the accessibility of the App for all users. The App offers font size adjustment (Small / Medium / Large) and a screen reader function (text-to-speech). If you encounter difficulties using any part of the App, contact us and we will look for a solution together.
17. Feedback and Reports
We gladly welcome feedback, comments, and suggestions concerning improvements to the App. By providing feedback, you acknowledge that we may use it without restriction or compensation, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into our products and services.
18. Special Provisions Concerning Apple and Google
18.1. App Store Terms (Apple)
If you use the App through Apple’s App Store, you acknowledge that:
- these Terms apply solely between you and the Developer, and not Apple,
- Apple has no obligation to provide maintenance or support services,
- Apple is not responsible for addressing any claims relating to the App,
- Apple is a third-party beneficiary of these Terms and may enforce them.
18.2. Google Play Terms
If you use the App through Google Play, you accept the Google Play Terms of Service.
19. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with Polish law. EU consumers also benefit from the protection afforded by the mandatory provisions of the law of the member state of their place of residence. Any disputes will be resolved by the Polish courts, subject to the rights of EU consumers to pursue claims before the courts having jurisdiction over their place of residence.
20. Contact Details
- Controller: Albert Napiórkowski
- App: Carely
- Email: support@usecarely.com
- Location: Polska
EU consumers exercising their statutory rights are asked to clearly indicate the nature of their request in the subject of the message.
21. Final Provisions
By using the App, you confirm that you have read these Terms, understand them, and agree to their provisions. If you do not accept these Terms, you may not use or utilize the App.
These Terms are governed by Polish and EU law. In matters not regulated herein, the provisions of the Civil Code, the Act on Providing Services by Electronic Means, and the GDPR shall apply.