1. General provisions
- These Terms and Conditions set out the rules for using the SELAH – Focus and Prayer mobile application, available on devices running iOS and Android.
- The owner and operator of the Application is MODERN COMMUNICATION SYSTEMS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Poznań, at ul. Jeleniogórska 16, 60-179 Poznań, Poland, entered in the register of entrepreneurs of the National Court Register under KRS number 0000441265, NIP: 7773228737, REGON: 302284564, hereinafter referred to as the “Service Provider” or the “Company”.
- The Service Provider may be contacted by e-mail at: MCS_KONTAKT@HOTMAIL.COM.
- The SELAH – Focus and Prayer Application is intended to support the User in organising time for focus, prayer, silence, reflection or personal work. The Application works as a timer based on time-interval work sessions and may display statistics concerning the use of the Application.
- The Application is not a religious, therapeutic, psychological, medical or advisory service. The Application does not replace a pastor, priest, spiritual director, psychologist, physician, therapist or any other specialist.
- By using the Application, the User accepts these Terms and Conditions and the Privacy Policy of the Application.
2. Definitions
- Application — the SELAH – Focus and Prayer mobile application.
- Service Provider — MODERN COMMUNICATION SYSTEMS SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ.
- User — any person using the Application.
- Consumer — a natural person using the Application for purposes not directly related to their business or professional activity.
- Service — a digital service provided through the Application.
- Subscription — paid, recurring access to premium features of the Application, billed through the App Store or Google Play, with technical support from RevenueCat.
- RevenueCat — an external technical infrastructure provider used to manage information about purchases, subscriptions and premium entitlements.
- Premium Features — paid features of the Application, in particular extended statistics, additional timer settings, additional sounds, session variants, personalisation or other features indicated in the Application before purchase.
- Statistics — data generated by the Application concerning the use of the timer, in particular the number of sessions, session duration, focus time, streaks or activity history in the Application.
3. Nature and purpose of the Application
- The Application allows the User to measure time allocated to focus, prayer, silence, reflection, study, personal work or other activities requiring concentration.
- The Application may allow the User to select the length of sessions, breaks, sounds, notifications, work modes and to view statistics concerning timer use.
- The Application is an organisational and auxiliary tool. It does not guarantee any specific spiritual, psychological, health-related, educational, professional or personal results.
- The User independently decides how, when and for what purpose to use the Application.
- The name, description or contents of the Application referring to focus, prayer, silence or reflection are functional and inspirational. They do not constitute a declaration of affiliation with any religious organisation or official religious teaching.
- The Application is not intended for diagnosis, treatment, therapy, crisis intervention, psychological, psychiatric, medical or spiritual counselling.
- In the event of health problems, mental health issues, emotional crisis, suicidal thoughts, anxiety, depression or any other difficulties requiring specialist help, the User should contact an appropriate specialist or emergency services.
4. Technical requirements
- In order to use the Application, the User needs: a) a mobile device running iOS or Android; b) internet access for downloading the Application, updates, subscription verification and selected online features; c) downloading the Application from the App Store or Google Play; d) the current version of the Application or another version still supported by the Service Provider.
- Some functions may require access to notifications, sound settings or other system permissions.
- Failure to grant the required permissions may limit the operation of selected features of the Application.
- The User bears the costs of data transmission in accordance with the tariff of their telecommunications operator.
5. No user account
- The Application does not require the User to create an account or provide an e-mail address.
- Premium access may be identified on the basis of technical identifiers of the Application, device, App Store account, Google Play account, transaction identifiers or data processed by RevenueCat.
- Uninstalling the Application, changing the device, resetting the system or changing the App Store or Google Play account may affect the ability to recognise an active subscription.
- The User may use the restore purchases function, if such function is available in the Application.
6. Rules for using the Application
- The User undertakes to use the Application in accordance with the law, good practices, these Terms and Conditions and the purpose of the Application.
- It is prohibited to: a) use the Application in a manner that violates applicable law or the rights of third parties; b) attempt to bypass security measures, subscription mechanisms, payment systems or usage limits; c) interfere with the operation of the Application or the Service Provider's infrastructure; d) perform reverse engineering, decompile, copy, modify or commercially exploit the Application without the Service Provider's consent; e) use the Application for unlawful, harmful or abusive purposes.
- The Service Provider may limit, suspend or block access to the Application if the User violates these Terms and Conditions, applicable law, the security of the Application or the rights of third parties.
7. Timer, statistics and local activity data
- The Application may generate and display statistics concerning the User's sessions, including the number of completed sessions, total time, average session duration, streaks, achievements or other activity indicators.
- Statistics are provided for informational and motivational purposes only.
- The Service Provider does not guarantee that statistics will be complete, uninterrupted, error-free or available at all times.
- Depending on the technical configuration of the Application, some statistics may be stored locally on the User's device or processed through external technical providers.
- Deleting the Application, changing the device or resetting the device may result in the loss of locally stored statistics.
8. Prayer, scripture quotes and inspirational content
- The Application may display Scripture quotes, short reflections, inspirational content or prompts encouraging prayer and reflection.
- Such content is intended for personal reflection and does not constitute official religious teaching, theological advice, spiritual direction or pastoral counselling.
- The User should interpret and use such content in accordance with their own conscience, beliefs and, where appropriate, with the support of competent persons or communities.
- The Service Provider is not responsible for the User's personal, religious, emotional or life decisions made on the basis of content displayed in the Application.
9. Payments and subscriptions
- Some functions of the Application may be paid.
- Payments for subscriptions and in-app purchases are processed by the App Store or Google Play and technically supported by RevenueCat.
- The Service Provider does not process the User's full payment card details.
- The price, billing period, scope of premium features, renewal terms and available promotions are presented to the User before purchase in the Application or in the App Store/Google Play purchase flow.
- The subscription renews automatically unless cancelled by the User in accordance with the rules of the App Store or Google Play before the end of the current billing period.
- The User manages the subscription, cancellation and payment method directly in the Apple ID or Google Play account settings.
- Deleting the Application from the device does not automatically cancel the subscription.
- Refunds are handled in accordance with Apple, Google Play and applicable law.
- The Service Provider may offer trial periods, promotions or discounts. The terms of such offers are presented before purchase.
- After the end of a trial period, the subscription may automatically convert into a paid subscription if the User does not cancel it in accordance with the rules of the relevant store.
10. Right of withdrawal and digital services
- If the User is a consumer in the European Union, the User may have the right to withdraw from a distance contract within 14 days, subject to exceptions provided by law.
- The right of withdrawal may not apply to digital content or digital services where performance began before the expiry of the withdrawal period with the User's express consent and after the User acknowledged the loss of the right of withdrawal.
- With respect to payments made through the App Store or Google Play, withdrawal, cancellation or refund procedures may require using Apple or Google mechanisms.
- These Terms and Conditions do not limit the User's mandatory consumer rights.
11. Complaints
- The User may submit a complaint regarding the operation of the Application to: MCS_KONTAKT@HOTMAIL.COM.
- The complaint should include: a) a description of the problem; b) the date on which the problem occurred; c) the device model and operating system; d) information whether the problem concerns the subscription, the operation of the Application, payment, statistics or another feature; e) screenshots or other supporting materials, if available.
- The Service Provider will review the complaint within 14 days of receiving it, unless applicable law provides for a different period.
- If the complaint requires additional information, the Service Provider may ask the User to provide it.
- Complaints relating to payment processing, charges, refunds or subscription cancellation may require contacting Apple or Google.
12. Liability of the Service Provider
- The Service Provider exercises due care to ensure that the Application operates correctly.
- The Service Provider does not guarantee that the Application will operate continuously, without errors or without interruptions.
- The Application may be temporarily unavailable due to maintenance, updates, failures, actions of external providers, network problems or force majeure.
- To the maximum extent permitted by law, the Service Provider is not liable for: a) decisions made by the User on the basis of the Application; b) improper use of the Application; c) violation of these Terms and Conditions by the User; d) loss of data caused by the User's actions, device failure or external services; e) the operation of the App Store, Google Play, RevenueCat or other external providers; f) failure to achieve any expected spiritual, personal, professional, educational, psychological or health-related result.
- The limitations of liability do not exclude liability that cannot be excluded under applicable law, in particular towards consumers.
13. Intellectual property rights
- The Application, its name, logo, interface, code, design, databases, content, graphics and functional elements are protected by law.
- The User receives a limited, non-exclusive, non-transferable and revocable right to use the Application in accordance with these Terms and Conditions.
- The User may not copy, modify, distribute, decompile, reverse engineer, sell or commercially exploit the Application without the Service Provider's consent.
- Content displayed in the Application may be used by the User for personal, non-commercial purposes, unless otherwise stated.
14. Minors
- Minors may use the Application only with the consent of a parent or legal guardian, where such consent is required by law.
- The parent or legal guardian is responsible for the minor's use of the Application, including payments, subscriptions and the manner in which the Application is used.
- If the Service Provider receives credible information that the Application is being used by a minor without the required consent, the Service Provider may limit access to the Application or take other appropriate measures.
15. Changes to the Terms and Conditions
- The Service Provider may amend these Terms and Conditions for important reasons, in particular: a) changes in law; b) changes in Application features; c) changes in the payment model; d) requirements of the App Store, Google Play or external providers; e) security reasons; f) the need to clarify provisions.
- The User will be informed of changes to the Terms and Conditions in the Application, on a website or in another available manner.
- If the User does not accept the amended Terms and Conditions, the User should stop using the Application and cancel the subscription in the App Store or Google Play.
- Changes do not infringe consumers' acquired rights.
16. Governing law and disputes
- These Terms and Conditions are governed by Polish law, subject to mandatory consumer protection provisions applicable in the User's country of residence.
- Disputes with consumers will be resolved by competent courts in accordance with applicable law.
- Disputes with Users who are not consumers will be resolved by the court competent for the registered office of the Service Provider.
- Consumers may use out-of-court complaint and redress mechanisms where such rights arise from applicable law.
17. Provisions for users in the United States
- If the User uses the Application in the United States, the User acknowledges that the Application is provided “as is” and “as available” to the maximum extent permitted by law.
- To the maximum extent permitted by law, the Service Provider disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.
- The User may not use the Application in a manner that violates federal, state or local laws.
- Additional privacy rules for users in the United States, including California, are set out in the Privacy Policy.
18. Contact
- For all matters relating to these Terms and Conditions, the Application, complaints or subscriptions, please contact: MCS_KONTAKT@HOTMAIL.COM.