Clima Pro

TERMS OF USE (END USER LICENSE AGREEMENT)

Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided.

The Application Provider ("Licensor") reserves all rights in and to the Application not expressly granted to you under this Standard EULA.

1. Scope of License

a. The license granted to you for the Licensed Application by the Licensor is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

b. This license does not allow you to use the Licensed Application on any Apple Device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.

c. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application.

d. The terms of the license will govern any upgrades provided by Licensor that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Consent to Use of Data

You agree that Licensor may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application.

3. Termination

The license is effective until terminated by you or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

4. Services; Third Party Materials

The Licensed Application may enable access to Licensor’s and third party services and web sites. You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material.

5. No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

6. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES.

7. Governing Law

The laws of Poland, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.

Legal Disclaimer & Limitation of Liability

1. Educational and calculation nature of the tool

The “Clima Pro” app is an independent educational and technical support tool. The app is not affiliated with any government authority or certification bodies. The app does NOT replace official training, certification, or licenses required for handling equipment containing fluorinated greenhouse gases. Use of the app does not grant professional qualifications. It serves solely as a didactic aid and auxiliary tool for daily work.

2. No technical or legal advice

The content provided in the App, including GWP, CO2eq calculators, and leak detection schedules, is for informational and supportive purposes only. Calculation results may differ from official regulatory interpretations or specific manufacturer requirements. The Licensor does not guarantee that the results obtained using the App are error-free or fully compliant with current laws, which may change frequently.

3. Limitation of liability

To the fullest extent permitted by applicable law, the Creator (Licensor) of the App shall not be held liable for any damages arising directly or indirectly from the use of calculation results, regulatory interpretations, or technical parameters contained within the App. Responsibility for the accuracy of input data and the final interpretation of results lies solely with the User.

4. User’s risk

The User acknowledges that working with refrigerants and pressure equipment involves risk and requires appropriate qualifications (e.g., F-gas certificate). The User uses the App entirely at their own risk. Any service or legal actions undertaken by the User in the real world are carried out solely under their own responsibility.

5. Scope and informational nature of content

The “Clima Pro” app is intended for professionals as a support tool for day-to-day work related to F-gas requirements. The information contained in the App is provided for informational purposes only and in good faith as of the publication date or latest update. The App content does not constitute individualized advice or a complete interpretation of regulations and may not cover all national requirements, industry rules, or specific technical scenarios.

6. No contractual commitment and user responsibility

The App and its content do not constitute an offer, contractual commitment, guarantee of outcome, or legal advice. The Licensor may modify the scope of information and features of the App without prior notice. The User remains solely responsible for ensuring that their actions comply with applicable laws, standards, and requirements of competent authorities.

7. Extended limitation of liability and disclaimer of warranties

To the fullest extent permitted by law, the Licensor, its affiliates, collaborators, and partners shall not be liable for any indirect, incidental, special, consequential, or intangible damages, including loss of profits, data, business value, or business interruption, arising out of the use of the App, inability to use the App, third-party content, unauthorized access to data transmissions, or other events related to App usage.

Use of the App is solely at the User's own risk. The App is provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.

8. Applicable law and jurisdiction

These Terms of Use and any disputes arising out of or in connection with the use of the App are governed by the laws of Poland. Unless mandatory law provides otherwise, the competent court shall be the common court having territorial jurisdiction over the registered office of the Licensor in Poland.

Additional Service Terms

1. Intellectual Property

The App, including its content, features, database, interface layout, trademarks, and visual assets, is the exclusive property of the Licensor or entities that granted rights to the Licensor. Any use of such elements beyond the scope permitted by this EULA and mandatory law is prohibited without the Licensor's prior written consent.

2. In-app purchases, fees, and refunds

Certain App features (in particular premium features) may require an active subscription or a one-time payment processed by a third-party distribution platform. The App operates in a partially free model (Freemium). Access to selected features or calculators in the free version may be limited by a renewal quota or number-of-views limit within a given period. Full, unlimited access to all features requires purchasing Premium (Pro). Prices may change from time to time, but changes do not apply retroactively to already paid billing periods. Refund, cancellation, and billing rules are governed by the payment platform operator (e.g., App Store/Google Play) and applicable consumer protection laws.

3. Nameplate photo scanning feature (OCR) as a bonus

The photo-based nameplate scanning feature is not considered part of the main sold service. It is a bonus feature that may be modified, limited, or discontinued by the developer at any time without affecting the core service terms.

4. Service availability and potential feature suspension

The Licensor makes reasonable efforts to keep the services continuously available, but does not guarantee uninterrupted access. For significant technical, security, abuse-prevention, regulatory, or economic reasons, the Licensor may temporarily limit or suspend selected features (including cloud-based features), with reasonable prior notice where feasible.

5. Changes to the Terms

The Licensor may update these Terms of Use from time to time. In the event of material changes, appropriate notice will be published in the App or on the website. Continued use of the App after changes take effect constitutes acceptance of the updated Terms. If the User does not agree, they should stop using the App.