Terms and Conditions
Terms and Conditions of Use of the Hi Family App Platform
These Terms and Conditions of Use of the HiMommy and HiDaddy applications (hereinafter “TCU”) specify rules for the use of a service called “Hi Mommy” and “Hi Daddy” (“Electronic Service”) provided digitally through a mobile application (hereinafter “Application”). Before starting the use of the Electronic Service, the User can get acquainted with current version of these TCU. These TCU are available at https://himommy.app/en/pages/terms-and-conditions in a way enabling their free of charge download and recording on the User’s device in the PDF format. The Application is available in the store Google Play / App store: HiMommy iOS: https://apps.apple.com/us/app/himommy-pregnancy-baby-app/id1275040830, HiMommy Android:https://play.google.com/store/apps/details?id=androidgecko.com.himommy HiDaddy iOS: https://apps.apple.com/us/app/hidaddy-pregnancy-for-dads/id1328264789 HiDaddy Android: https://play.google.com/store/apps/details?id=com.hifamily.hidaddy&hl=en&gl=US These TCU are available in English at https://himommy.app/en/pages/terms-and-conditions These TCU take into account the European Union regulations concerning protection of consumers, and in particular, Directive 2011/83/EU on consumer rights, and Directive 2019/770/EU on supply of digital content and digital services. More information on consumers’ protection in the EU can be found at: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints_en
Article 1. Definitions
Application – a software application available in the GooglePlay and Appstore store, with a name “Hi Mommy” and “Hi Daddy”, through which you can register an Account on the Platform and use the Electronic Service; Platform – a set of digital contents and services, consisting, in particular, of an Account and a Profile, supplied (provided) by the Supplier as a part of the Electronic Service; Supplier - an entity provided for in Article 2.1 below; Consumer – a consumer is understood as a User entering into a legal transaction with a Supplier which is not directly associated with their economic or professional activities; the provisions of these TCU applying to a Consumer(s) shall also apply to a natural person concluding an agreement directly associated with its business operations when the contents of the said agreement imply that it is of no professional character for that person, resulting, in particular, from the line of business in which they operate; Account – a part of the Platform, through which the registered and logged User can enter data and manage it; _ User Profile – a part of the User’s Account, through which the registered and logged User can manage their data (including personal data), and in particular, modify data within the scope specified in the Account; Terms and Conditions of Use (TCU) - these terms and conditions, made available in a form enabling its (free of charge) recording and restoring, and becoming acquainted with it by the User at any location and time; these TCU establish conditions of operation and use of the Electronic Service; Electronic Service – a service supplied electronically under these TCU (as the Platform available through the Application), which consists of components that are available to Registered (“Restricted Service”) and to Unregistered (“Open Service”) Users ; the Electronic Service consists, among others, of a possibility to use the Account and the User’s Profile; Electronic Service Agreement – an agreement on supplying services by electronic means concluded, under these TCU, between the Supplier and the User at the moment specified in Article 4 of the TCU and according to provisions therein; User – a natural person of age (having full legal capacity to perform acts in law) that uses the Electronic Service; Registered User – a User who created an Account on the Platform and uses the Electronic Service as a logged User; Unregistered User - a User who uses the Open Service without creating the Account on the Platform; GDPR - REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); Plus Version - the Electronic Service in a paid version (cyclically and automatically prolonged for successive monthly or yearly settlement periods); Basic Version - the Electronic Service in its free version (without functionalities of the Plus Version); Partner - another user who is granted access to selected information from the Account Directive on the supply of digital content and digital services – DIRECTIVE (EU) 2019/770 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services; Functionality - ability of the Digital Content, the Digital Service or goods to perform their functions, taking into account their intended use; Interoperability - ability of the Digital Content, the Digital Service or goods to cooperate with computer hardware or software other than normally used for digital content, digital service or goods of the same type; Price - a value expressed in money units, which consumer is obliged to pay to the trader for the Dgital content, the Digital service or goods, and in relation to the Digital content or the digital service - also digital representation of value; Digital content - data generated and supplied in a digital version; Digital service - a service enabling consumer to: generate, process, store, or access data in a digital form; joint use of data in a digital form, which was sent or generated by a consumer or other users of a relevant service; other forms of interaction using digital data.
Article 2. General principles
Article 3. Rules for providing and elements of the Electronic Service
The User can use the Electronic Services, including view the content provided in the Service, according to the rules specified in these TCU. The User is forbidden to provide content of illegal nature, as described in detail below. The Electronic Service can only be used by an adult natural person, having full legal capacity to perform acts in law. The Electronic Service consist of: Installation of the Application; Registration of the Account; Logging to the Account; Resetting passwords to the Account; Viewing and changing Account components, including the User’s profile (to the extent specified in the User’s Account); Viewing the Platform’s content: nutritional recommendations during pregnancy and breastfeeding (only in the Plus Version); concerning baby’s development at a specific pregnancy stage (available in a free version, and extended in the Plus Version); options to listen to podcasts (available in a free version, and extended in the Plus Version); articles concerning pregnancy and development (available in free and Plus Versions). An option to observe pregnancy progress on a basis of information provided by the User (available in free and Plus Versions); An option to add notes (available in free and Plus Versions); control lists (e.g., a bag for labour) (available in the Plus Version); a use of a counter of contractions and kicks (available in the Plus Version); An option to share information with your Partner (available in free and Plus Versions); adding and monitoring baby’s activity (available in the Plus Version); An option to remove the Account (terminate the Electronic Services Agreement) - see Article 6. The access to the Electronic Service in its Free Version is available immediately on installing the Application. The access to the Electronic Service in its Free Version is available as a part of both Open and Restricted Services. The access to the Electronic Service in its Plus Version is available as a part of both Open and Restricted Services. The access to the Electronic Service does not depend on creating the Account; however, only the User with the Account can transfer data between different devices (on which they log in, providing data necessary to access their Account). You can access the Plus Version only when you pay for the access to the Electronic Service using Google pay or Apple pay. The Plus Version of the Electronic Service is available immediately after the payment is made in accordance with Article 4 below. The information about payment in accordance with the Google pay or Apple pay Functionality is stored at the level of the operating system of the device used to make the payment. This means that even when the Application is uninstalled from that device, the operating system will retain the information about the payment made, and when the Application is re-installed on that device, the relevant information is recovered. This also means that to cancel your subscription of the Electronic Service in the Plus version and block its automatic renewal, you need to use the Functionality of the operating system of the device on which the Application was installed. After the Application is uninstalled, in the case of the Plus Version, the subscription can still be prolonged automatically, and the fee collected.
Article 4. Technical activities of which the concluding of the Electronic Service Agreement and ordering of the Plus Version consist
To use the Electronic Service, you need an access to the Internet and install the Application. During the Account registration and the use of the Electronic Service you should provide your real data. To use the Open Service, you need to read these TCU. Before starting using, the User can get acquainted with contents of these TCU and download them onto their device (free of charge). The User is obliged to observe provisions of these TCU. To use the Restricted Service, the User needs to register their Account in the Service. The Account can be registered in two ways: “Standard” (by providing data, including an e-mail address and a password) or through an external service supplied by Google Inc. or Facebook. The registration can be performed:
“In a standard way” - to register on the Platform, you need to provide your personal data, including your e-mail address, and create your User’s password.
The User registers their Account through external authentication services (Google / Facebook) -> by logging into the external supplier - Google / Facebook (providing their login and password there). The provided option is available only to those Users who use their e-mail address as a login in the external service.
the indicated payment will be collected by Google or Apple, and settled with the Supplier; the Plus Version order includes payment options, such as at the level of the device operating system (as a part of the Google pay or Apple pay service), were earlier configured by the User themselves (e.g., a payment card); After making the payment, the User will receive a payment confirmation (to an e-mail address associated with the account in the Google pay or Apple pay service) from an entity collecting the payment (as a part of the the Google pay or Apple pay service); Selecting the button from section a) initiates a 7-day period of the free (without paying the Price) subscription of the Plus Version in its yearly version, but only if it was not used during previous (yearly) settlement periods; To prevent collection of the payment (for the next settlement period), you need to cancel your subscription 1 day before the payment date at the latest, using the instruction made available by Google or Apple: Apple: https://support.apple.com/pl-pl/HT204084 Google: https://support.google.com/googlenews/answer/7018481?hl=pl&co=GENIE.Platform%3DDesktop After the specified 7-day trial period expires in the Plus Version (section f) , the payment will be automatically calculated and collected (by Google or Apple) When sufficient resources are not available and the cyclic fee is not collected (in the next settlement period), the access to the Plus Version service is blocked. The fee will be collected in advance (automatically) at the beginning of each settlement period (monthly/yearly); To prevent charging of another cyclic fee for the next settlement period, you need to cancel your subscription in the following way: Apple: https://support.apple.com/pl-pl/HT204084; google play: Google: https://support.google.com/googlenews/answer/7018481?hl=pl&co=GENIE.Platform%3DDesktop
Cancelling of the Plus Version means a return to the basic version of the Electronic Service without the Plus Version (you can find the relevant functionalities in Article 3 above). When the Agreement is terminated (Article 6), apply for reimbursement of the fee paid in accordance with the following rules: Apple pay: https://support.apple.com/pl-pl/HT204084; Google play: https://support.google.com/googlenews/answer/7018481?hl=pl&co=GENIE.Platform%3DDesktop
Article 5. Using the Account and other components of the Electronic Service
The use of the Account requires: User’s registration; logging into the Account. The use of the Electronic Service is associated with typical risks associated with the use of the Internet and online services. In particular, you should secure the access to your Account with a sufficiently strong password. You should also secure the access to your e-mail account provided during the Account registration, because this address is used by the Supplier to identify the User (including sending to them legal content, e.g., concerning changes in these TCU). The password to your Account should not be the same or similar to the password used for the provided e-mail account. The access to the specified e-mail account may also be necessary to restore access to your Account. It is forbidden to provide access to your Account to other people (e.g., by making your login and password available to them). The Account password remainder requires providing the e-mail address specified during Registration. An e-mail message is sent to that address enabling you to reset your password. The password reset does not apply when the User is authenticated through an external service (see Article 4 of TCU). Should you have any doubts in this respect, you should contact the Supplier. This also applies to the loss of access to the account in the external authentication service (Google / Apple) used to create the Account. The Supplier will inform the User about updates, including security updates, necessary to ensure that the Electronic Service conforms to the Agreement, and will provide them to the User during a period: of delivery of the Digital Content or the Digital Service provided for in the Agreement, under which the supply is performed continuously, or reasonably expected by the User, taking into account the type of the Digital Content or the Digital Service and purpose for which they are used, and circumstances and the character of the Agreement, when the agreement provides for supplying the Digital Content or the Digital Service in the one-off mode or in parts. When the User does not install updates provided by the Supplier, as provided in the above paragraph, within a reasonable time, the Supplier will not be held liable for lack of the Digital Content or the Digital Service conformity with the Agreement that results solely from a failure to update, when: the Supplier informed the User about the update and consequences of failing to install it; failing to install or incorrect installation of the update did not result from errors in the installation instructions provided by the Supplier. The User is obliged to refrain from: providing untrue personal data, both at the Account registration stage, and later, during the Account use; providing and publishing contents that are illegal, untrue, infringe legally protected personal rights of third parties, the copyright and related rights, or use the Platform for such purposes; publish advertising content which distribution on the Internet is forbidden; copy, modify, distribute, broadcast or use in any other way any components of the Platform and databases made available on the Platform, other than their use according to the permitted use; undertake any actions that may hinder or disturb the use of the Platform; provide access to their Account to any third parties.
Article 6. Term of the Electronic Service Agreement and deleting the Account in the Service
Excluding cases provided for in Articles 6.13.1 to 6.13.3, on the consumer request the Supplier makes available to them content other than personal data that were provided or created by the consumer when using the Digital Content or the Digital Service supplied by the trader. The consumer has a right to retrieve the Digital Content from the trader free of charge, without hindrance from the trader, within a reasonable time and in a commonly used machine-readable format. In the case of withdrawal from the Agreement, the trader may prevent the consumer from further use of the Digital Content or the Digital Service, in particular, by preventing the consumer to access the Digital Content or the Digital Service, or by blocking the consumer’s account. This provision does not affect the consumer rights provided for in paragraph 14. In the case of withdrawal from the Agreement, the consumer is obliged to cease using that Digital Content or Digital Service and sharing it with third parties.
Article 7. Functionalities and Interoperativeness under the Electronic Service
The use of the Electronic Service on the Platform is possible when the User’s operating system meets the following minimum technical requirements: iOS version 16.0 or higher,, Android version 10.0 or higher: The Electronic Service will be consistent with TCU throughout the term of the Agreement. The Electronic Service is supplied in the latest version available at the moment of concluding the Electronic Service Agreement.
Article 8. Supplier’s liability, complaints handling procedure and non-judicial methods for settlement of disputes
The Supplier is liable under the civil law towards the User for any breach of the Electronic Service Agreement (for a failure to perform it or incorrect performance), including any discrepancies between the Digital Content and the Digital Service, and the Agreement. For the paid Agreement (including the supply of a defective item), the liability is specified in TCU, and in regulations concerning consumers, including directive UE 2011/83 and directive 2019/770. When the Digital Content or the Digital Service do not conform to the Agreement, the User may request that they are brought into conformity; however: The Supplier may refuse bringing the Digital Content or the Digital Service into conformity when bringing the Digital Content or the Digital Service into conformity is impossible or would result in disproportionate costs for the trader; When disproportionate costs for the trader are evaluated, all circumstance of the case are taken into account, in particular, importance of the Digital Content or the Digital Service the non-conformity with the Agreement, and the value of the Digital Content or the Digital Service conforming to the Agreement; The Supplier brings the Digital Content or the Digital Service into conformance within a reasonable time of the moment when the trader was informed by the consumer about non-conformity with the Agreement, and without excessive inconvenience for the consumer, taking into account their nature and purpose, and their intended use. The costs of bringing the Digital Content or the Digital Service into conformance are born by the trader. When the Digital Content or the Digital Service do not conform to the Agreement, the User can request a reduction in the Price or terminate the Agreement in cases provided for in relevant provisions of law. Following termination of the Agreement, the trader cannot use the Content other than personal data provided or created by the consumer during the use of the Digital Content or the Digital Service supplied by the Supplier, excluding the Content that: is useful solely in relation to the Digital Content or the Digital Service which were the subject matter of the agreement; concerns solely the User’s activity during the use of the Digital Content or the Digital Service that were the subject matter of the Agreement; was aggregated by the trader with other data and cannot be disaggregated without disproportionate efforts; was created by the consumer jointly with other consumers that can still use it. The trader will make available to the consumer, on their request and on the trader’s cost, within reasonable time and in a commonly used and machine-readable format the content created or provided by the consumer while using the Digital Content or the Digital Service other than personal data, excluding the content provided for in Articles 8.5(a) to 8.5(c). The complaints can be notified by the User to:
e-mail address: firstname.lastname@example.org post address: Idea Accelerator sp. z o.o. ul. Rynek Glowny 28, 31-010 Kraków
The Supplier will handle the complaint and notify the User about the outcome immediately, but no later than within 14 days. In the case of Users being consumers, when the Supplier does not respond to the complaint within the period provided for in the previous sentence, the complaint is considered accepted. The Supplier sends the reply to the complaint to the User being the Consumer on paper or other durable medium. To handle it as soon as possible, the complaint should include a description of the complaint cause and data enabling identification of the User. However, this it is not an obligatory requirement for Users being the Consumers, and the notified complaint will be handled even without these elements. The above provisions concerning complaints do not exclude a possibility for the User to purse their rights in accordance with the applicable provisions of law, including in courts or by non-judicial methods for settlement of disputes, as provided for below. The detailed information about options for using non-judicial methods for settlement of disputes and pursuing claims by an individual User -> being a consumer (as understood by the generally applicable provisions of law, including the Civil Code), as well as rules for access to these procedures are available at https://uokik.gov.pl/home.php.
The User being the Consumer is entitled to use the Online Dispute Resolution platform available at http://ec.europa.eu/consumers/odr/, as provided for in Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
Article 9. Technical support
The Supplier is entitled to temporary breaks in providing the Service, associated with introducing technical changes to the Platform (hereinafter the “Technical Break”). A single Technical Break cannot exceed 24 hours. The Supplier will make all efforts possible to ensure that the Technical Breaks take place at the night-time and are as short as possible.
Article 10. Changes to TCU, the Electronic Service, or the fee
The Supplier reserves a right to change these TCU for important reasons specified below: when the changein TCU is necessary in consequence of changes in the generally applicable provisions of law which directly influence the content of these TCU - accordingly in this regard; changes resulting from the security reasons, including aiming at preventing the use of the service in a way contrary to legal regulations; implementing significant changes in the Platform functioning, including those associated with the technical or technological progress, including changes in the Supplier’s systems; increasing transparency of TCU provisions (e.g., removing editorial errors); a change in the Functionality, Interoperativeness and other performance properties of supplied Digital Content, such as availability, continuous supply and security, to the extent that these changes negatively affect the access to the Digital Content and its use. TCU with the changes implemented in accordance with the previous paragraph will be made available to the Users (having the Account) on a durable medium (to the address provided in the Account) 30 days in advance with an option to terminate the Agreement in the mode specified in Article 6 of these TCU. Modification of the Platform (a change to the Digital Content or the Digital services being its component) requires a change to TCU, unless conditions provided for below apply. Changes to the Platform necessary to maintain the conformity of the Digital Content and the Digital Services to the Agreement do not require changes to TCU (and are not subject to provisions of paragraphs 5–6 below), for example changes involving: technical changes associated with increasing the security level (in accordance with personal data protection regulations) and the level of functionality (including removal of errors); changes increasing the scope of the Electronic Service.
In such case, the Supplier will inform in a clear and understandable way about the performed change.
A change of the Platform (a change in the Digital Content or the Digital Service being its component), which does not modify rules for supplying the Electronic Service provided for in TCU (i.e., does not represent a change to TCU) or is not subject to paragraph 4, is performed as follows: The assumption provided for in paragraphs 1 (b)–(e); The Supplier informs 30 days in advance on a durable medium (e.g., to the User’s e-mail address) about the nature and date of making the said change and about the right to terminate the Agreement (without providing reasons). When the Price of the Electronic Service is changed, the Supplier guarantees that: that change will not occur more often than once per month (for all Users) (for active Plus Version subscriptions); the change will not apply to the current settlement period, for which the fee has already been collected; the change of the subscription Price can only result from causes associated with expanding the Functionalities or an increase in costs of maintaining the Electronic Service in the Plus Version; The subscription Price will not be increased without an active consent of the User to prolong the Electronic Service Agreement in the Plus Version at the new Price. In the case provided for in paragraph 5, the User can terminate the Agreement with an immediate effect within 30 days of being informed about the change. When the Agreement is terminated in accordance with this Article, provisions of Articles 8.5 and 8.6 of TCU apply accordingly.
Article 11. Final provisions
To all issues not governed in these Terms and Conditions, relevant generally applicable provisions of law shall apply. The Electronic Services Agreement is concluded in Polish or in English. This also applies to the Electronic Service itself. No provisions of these Terms and Conditions can be constructed as excluding or restricting any Consumers’ rights. The Agreement will be concluded and performed in accordance with the Polish law; however, when regulations in force in the country of the consumer (other EU Member State) are more favourable for them, and the said regulations cannot be excluded by the agreement, the said regulations will apply. The EU courts have the jurisdiction according to rules provided for in the Brussels I bis Regulation https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32012R1215&from=PL. Appendices form an integral part of these TCU. Appendix No. 1 (withdrawal form). These Terms and Conditions come into force on 16.08.2023
Appendix No. 1 Agreement withdrawal form (if applicable)
This Form needs to be completed and sent only when you wish to withdraw from the Agreement.
Recipient : ______ A statement on withdrawal (example): I inform hereby about my withdrawal from the agreement concerning provision of the following electronic service (an account in the service ______). Consumer name and surname .................. Consumer address (including e-mail address) ................. agreement concluded on ................. Consumer signature (only when the form sent as a hardcopy) ................. Date ..........................