RULES DEFINING THE TERMS OF USE OF THE MYPETSTORY MOBILE APPLICATION BY USERS (INDIVIDUALS)

§ 1. GENERAL PROVISIONS

  1. The MyPetStory mobile application is software operating on mobile phones with Internet access and running on the Android and iOS operating systems. The MyPetStory mobile application is hereinafter referred to interchangeably as the “Application.”
  2. The owner of the MyPetStory mobile application is the company MY PET STORY Sp. z o.o. with its registered office in Zamość (registered office address and address for deliveries: ul. Jasna 9, 22-400 Zamość, Poland); entered into the National Court Register under the KRS number: 0000746613; the court in which the company’s documentation is kept: Lublin-Wschód District Court in Lublin with its seat in Świdnik, VI Economic Department of the National Court Register, entry into the register: August 29, 2018; share capital: PLN 5,000.00; NIP: 9223059029; REGON: 3811245 and email address contact@mypetstoryapp.com, hereinafter interchangeably referred to as the “Publisher.”
  3. The rules for using the MyPetStory mobile application are described in these Regulations, which are available on the website https://www.mypetstoryapp.com/terms. Before downloading and installing the Application, the User is obliged to familiarize themselves with the content of this document. By accepting the Regulations, the User agrees to its provisions.

§ 2. DEFINITIONS OF OTHER TERMS.

  1. User – a natural person, as referred to in § 3 para. 1, using the Application.
  2. Account – an individual account created in the Application by the User during the registration process. To create it, the User needs to provide their email address and a password they invent. This data will be used for subsequent logging into the Account.
  3. Partner – Application partners are business establishments providing services in the B2C channel related to the zoological industry, especially pet stores, veterinary clinics, grooming salons, pet hotels, and others.
  4. Breeder – a natural person, legal person, or unincorporated organization conducting the breeding of domestic animals as part of business activity or under the auspices of a nationwide social organization whose statutory purpose is activity related to the breeding of purebred dogs and cats (in accordance with art. 10a of the Act of August 21, 1997, on the protection of animals, as amended, Journal of Laws of 2020, item 638). The entity registering on the B2B Platform thereby declares that it meets the above conditions and conducts its activity in accordance with the law in force in the Republic of Poland. A Breeder may also be a Partner simultaneously.
  5. Pet Profile – an individual profile of an animal created by the User (pet guardian) in the Application.
  6. Partner Coupon – a coupon generated by a Partner with an offer dedicated to a specific group of Application Users based on the Profiles of Pets defined by them.
  7. Adoption Coupon – a coupon generated by a non-profit organization with information about a pet for adoption dedicated to a specific group of Application Users.
  8. Non-profit Organization – an organization dealing with animal adoption or acting as an intermediary in adoption (e.g., shelter, foundation).

§ 3. TERMS OF USE OF THE APPLICATION

  1. Individuals who may use the Application:

a. having a place of residence in the territory of the Republic of Poland,

b. possessing full legal capacity, and in cases provided for by universally applicable laws, also individuals with limited legal capacity,

hereinafter referred to as Users.

  1. The User may download the Application to their mobile device at any time. After downloading the Application, the User can install it on their mobile device. The Publisher does not charge for downloading the Application, installing it, or its subsequent use.
  2. In order to download, install, and use the Application, the User must have access to the Internet. The minimum hardware requirements and types of mobile devices on which the Application can be downloaded are described in § 4.
  3. The Publisher may publish updates to the Application. Proper functioning of the Application requires its update. The Publisher does not guarantee the correct operation of the Application if the User has not downloaded and installed the update provided by the Publisher on their device.
  4. The Application operates online, i.e., when the User’s mobile device has Internet access. Some functionalities available in the Application can also be used offline. However, the Publisher does not guarantee the timeliness and correctness of the operation of these functionalities when operating them offline. The minimum requirements regarding the technical parameters of the Internet network necessary to use the Application are described in § 4 below.
  5. After creating an Account using an email address and password, the User can:

a) add their pets to the Application by creating a Pet Profile by clicking on the “Add Pet” tab. Creating at least one Pet Profile entitles the User to use the full functionality of the Application. The Pet Profile is created by providing its name, species (breed), adding a photo, and the year or full date of birth. Additionally, the User can provide additional characteristics of the pet such as gender, color, etc., although providing additional characteristics is not mandatory. Creating a Pet Profile is described in § 5.

b) search for pets for adoption by clicking on the “Search for a Pet” tab.

c) learn more about pets by clicking on the “Knowledge Base” tab.

Note! To use the full functionality of the Application, you must create at least one Pet Profile.

  1. Functionalities of the Application available to the User without a created Pet Profile are:

a) searching for pets for adoption

b) testing one’s readiness for adoption using adoption quizzes

c) access to a knowledge base where the User can find advice on caring for the selected species of pets

d) searching for nearby Partners – pet stores, veterinary clinics, grooming salons, and other service points

e) liking selected Partners – pet stores, veterinary clinics, grooming salons, and other service points

f) creating a shopping list.

  1. Functionalities of the Application available to the User with at least one created Pet Profile are:

a) creating a pet’s history and sharing it with friends by sharing it on social media

b) access to promotional coupons from Partners tailored to the pet based on characteristics defined in the Pet Profile

c) access to Partners’ coupons informing about events tailored to the pet based on characteristics defined in the Pet Profile

d) creating reminders of important dates and appointments with the pet

e) access to a pet care assistant in the “Education” tab (this function enables quick access to helpful information in the Application’s knowledge base on caring for the pet and solving problems related to its care)

f) searching for pets for adoption

g) testing one’s readiness for adoption using adoption quizzes

h) access to a knowledge base where the User can find advice on caring for the selected species of pets

i) searching for nearby Partners – pet stores, veterinary clinics, grooming salons, and other service points

j) liking selected Partners – pet stores, veterinary clinics, grooming salons, and other service points

k) creating a shopping list.

l) liking selected promotional coupons

ł) creating a shopping list

§ 4. MINIMUM HARDWARE REQUIREMENTS

  1. The application can be downloaded, accordingly for the operating systems of mobile devices, from Google Play or the Apple Store, by searching for the application named “MyPetStory”.
  2. The application can be downloaded on mobile devices with Internet access and operating on the Android or iOS operating system, including those without pre-installed Google Mobile Service, such as mobile phones, smartphones, PDAs, or tablets.
  3. The minimum requirements for the operating system are: Android 4.4, iOS 11, including those without pre-installed Google Mobile Service.

§ 5. CREATING A PET PROFILE

  1. Pet profiles can be created by Users who:

a) are registered and logged into the Application

b) have allowed the Application to access the camera.

  1. To create a Pet Profile, you need to click the “Add pet” button after the initial login to the application or click “Add pet” in the “START” tab.
  2. The individual steps in creating a Pet Profile are:

a) entering the pet’s name or aquarium name (required)

b) selecting the species (required)

c) adding a photo of the pet (required)

d) choosing the breed (if applicable, required)

e) providing the year of birth (required) or the full date of birth if the User knows the exact birthday of the pet.

f) in the next step, the User can provide additional characteristics of the pet. The Application intelligently asks only for characteristics specific to the pet, omitting obvious characteristics for the species/breed. The more detailed the User specifies the characteristics of the pet, the better the Application will adjust the content it offers to its needs.

  1. The User can create a Pet Profile for additional pets at any time. The number of Pet Profiles in the Application is not limited.

§ 6. USING PARTNER COUPONS IN THE APPLICATION

  1. Partner coupons can be received by Users who:

a) are registered and logged into the Application

b) have created a Pet Profile in the Application.

  1. Partner coupons are visible in the “START” tab and in the “COUPONS” tab.
  2. A User meeting the conditions specified in § 6 point 1 can redeem a Partner coupon received in the Application. To redeem a Partner coupon, you should:

a) enter the selected Partner coupon

b) choose the option “Redeem coupon” or “Go to www”

if you choose the option “Redeem coupon”, you should go to the Partner’s stationary outlet and present the Partner coupon along with the Partner’s seller code. If a discount code is provided on the Partner coupon, it should be given to the seller.

if you choose the option “Go to www”, the User will be redirected to the website indicated by the Partner. If a discount code is provided on the Partner coupon, it should be entered in the appropriate place on the website.

  1. The Partner’s name button appears on the Partner’s coupon. Clicking on it will display a business card with the Partner’s details, who issued the Partner coupon.
  2. Note! The Publisher, under the law applicable in the Republic of Poland, is not responsible for the content of Partner coupons issued by Partners, especially for the prices, availability of goods, and the correctness of promotional mechanisms declared by their issuers.

In case of:

a) the Partner coupon contains prohibited images and/or content

b) the Partner coupon is incorrectly positioned (e.g., for the wrong pet species)

The User should report this to the Publisher as follows:

a) by clicking the share icon and sending the Partner coupon to the email address contact@mypetstoryapp.com

or

b) by clicking the share icon and sending the Partner coupon via Messenger to the Publisher’s account: MyPetStoryApp.

§ 7. SEARCHING FOR AND NAVIGATING TO PARTNERS IN THE APPLICATION

  1. The application allows the User to find nearby Partners offering services for pets.
  2. Users who can search for Partners are:

a) registered and logged into the Application but have not created a Pet Profile – the list of Partners is available to them in the “STORES” tab

b) registered and logged into the Application and have created at least one Pet Profile – the list of Partners is available to them through coupons and in the “STORES” tab.

  1. After searching for a Partner, the User can use navigation. To use navigation to a Partner, you should:

a) go to the business card with the Partner’s details by clicking the button with the Partner’s name on the Partner coupon or selecting the Partner’s name in the “STORES” tab

b) click on the navigation icon on the business card, represented by an arrow below the map.

  1. Navigation is carried out using external maps such as Google Maps. The User can return to the Application at any time by clicking the “back” button (Android).
  2. Note! The Publisher is not responsible for the quality of the navigation service provided by external maps under the law applicable in the Republic of Poland.

§ 8. SHARING APPLICATION CONTENT IN EXTERNAL CHANNELS

  1. Sharing content in the Application is done through external mechanisms dependent on the phone’s operating system (email, Messenger, Skype). The Publisher has prepared special functionality for sharing posts on Facebook. To use it, after clicking on the share icon, select the FB icon.
  2. Users who can share content in the Application are:

a) registered and logged into the Application but have not created a Pet Profile – they can share selected articles from the Application’s knowledge base and Adoption Coupons

b) registered and logged into the Application and have created at least one Pet Profile – they can share posts from the pet’s journal (in the “MyPetStory” tab), Partner Coupons, selected articles from the Application’s knowledge base, and Adoption Coupons.

  1. Note! The Publisher is not responsible for the content shared by the User.

§ 9. REMINDER FUNCTION

  1. The Application has a reminder function for important events concerning the pet. The list of reminders is displayed in the START tab.
  2. Users who can use the reminder function are:

a) registered and logged into the Application

b) have created at least one Pet Profile.

c) have allowed the Application to send notifications.

The Application supports two types of reminders:

a) User’s individual reminders about important dates (e.g., veterinarian appointment, deworming, or protection against external parasites), defined by the User

b) automatic reminders created based on the data entered by the User. There are two types of automatic reminders available:

Rabies vaccination – provided the last vaccination date is entered during Pet Profile creation

Vaccinations for infectious diseases – provided the last vaccination date for infectious diseases is entered during Pet Profile creation

Note: Automatic reminders should be visible in the START tab under the “REMINDERS” section. If reminders were not created after creating a Pet Profile with the above dates, they should be added individually.

The Application sends a PUSH notification one day before the reminder date, provided the User has allowed the application to send notifications.

§ 10. PET CARE ASSISTANT

  1. The Application features a pet care assistant function, allowing for quick access to information about the pet in the Application’s knowledge base and assisting in solving issues related to pet care.
  2. Users who can utilize the assistant function:

a) Are registered and logged into the Application.

b) Have created at least one Pet Profile.

To use the assistant, click on the “EDUCATION” tab and select the Pet Profile.

Note! The advice presented in the “EDUCATION” tab is for educational and informational purposes only, does not replace diagnosis, and may replace pet treatment. Any doubts regarding the pet’s health should be consulted with a veterinarian by the guardian.

§ 11. PET ADOPTION SEARCH FUNCTION

  1. The Application features a pet adoption search function. Adoption announcements come from non-profit organizations.
  2. Users who can search for pets for adoption:

a) Are registered and logged into the Application.

  1. Adoption announcements are available:

Upon first opening the application by clicking the “Looking for a pet” button.

Upon subsequent openings of the application on the START tab in the Ready for Adoption section.

  1. Information provided in adoption announcements is supplied by non-profit organizations, and the Publisher is not responsible for their content.
  2. In the event that an adoption announcement contains unauthorized images and/or content:

The user should report the violation to the Publisher in one of the following ways:

a) By clicking the sharing icon and sending the Announcement to the email address contact@mypetstoryapp.com

or

b) By clicking the sharing icon and sending the Announcement via Messenger to the Publisher’s account: MyPetStoryApp.

  1. The Publisher of the Application does not mediate in the pet adoption process.
  2. Users have the opportunity to take quizzes and adoption surveys within the Application designed to assess their readiness and predisposition to adopt a pet. They are located under the “Match a pet to yourself” button.
  3. Note! Quizzes and adoption surveys in the “Match a pet to yourself” tab are for entertainment purposes only, aimed at raising awareness among users. Adoption decisions are made individually by the shelter. The Publisher is not responsible for the content of these decisions and has no influence over them.

§ 12. PET SEARCH FUNCTION FROM BREEDERS

  1. The Application features a pet search function from Breeders.
  2. Users who can search for pets from Breeders:

a) Are registered and logged into the Application.

  1. Breeder announcements are available:

Upon first opening the application by clicking the “Looking for a pet” button.

Upon subsequent openings of the application on the START tab in the Breeder Offer section.

  1. Information provided in announcements from Breeders is supplied by Breeders, and the Publisher is not responsible for their content.
  2. In the event that an announcement from a Breeder contains unauthorized images and/or content:

The user should report the violation to the Publisher in one of the following ways:

a) By clicking the sharing icon and sending the Announcement to the email address contact@mypetstoryapp.com

or

b) By clicking the sharing icon and sending the Announcement via Messenger to the Publisher’s account: MyPetStoryApp.

  1. The Publisher of the Application does not mediate in the process of purchasing pets from Breeders.
  2. Users have the opportunity to take quizzes and surveys within the Application designed to assess their readiness and predisposition to care for a pet. They are located under the “Match a pet to yourself” button.
  3. Note! Quizzes and surveys in the “Match a pet to yourself” tab are for entertainment purposes only, aimed at raising awareness among users. Sales decisions for pets are made individually by the Breeders. The Publisher is not responsible for the content of these decisions and has no influence over them.

§ 13. USER DATA EDITING

  1. The user has the option to edit/supplement their address data with a phone number and address at any time to enable the sending of rewards for quiz winnings. Providing the above data is voluntary but necessary to obtain the above functionality in the MyPetStory Application.

§ 14. PERSONAL DATA

  1. When using the Application, the Publisher collects information voluntarily provided by Users, such as: email address, last name, first name, residential address. The rules regarding the processing of User personal data have been specified in this Regulation and in a separate document “Privacy Policy” available on the website https://mypetstoryapp.com/GDPR
  2. The personal data administrator, i.e., the company MY PET STORY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, processes personal data provided by Users (first name, last name, residential address, email) for the purpose of providing electronic services, based on this Regulation, in particular for the establishment and operation of the Account, installation of the Application, and for Users to use services provided within the Application. The legal basis for processing personal data is Article 6(1)(b) of the GDPR, i.e., processing is necessary for the performance of a contract (Regulation).
  3. In the event that the User separately consents to the processing of personal data for marketing purposes and/or to receive commercial information sent by the Administrator on its behalf or on behalf of business clients or Partners, the User’s personal data may be used to send information about products and services of the Administrator’s clients and Partners tailored to the User’s interests. The legal basis for processing is Article 6(1)(a) of the GDPR, i.e., the data subject has consented to the processing of his or her personal data. The User may withdraw consent given at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
  4. The User voluntarily provides personal data to the Publisher.
  5. The User has the right to access the personal data provided. The User has the right to modify, change, supplement, or delete the personal data provided. In the event of permanent deletion by the User of personal data necessary for the provision of services under the Regulation, the User loses the ability to use the products and services offered within the Application.
  6. The Administrator guarantees appropriate technical and organizational measures to ensure the security of processed personal data, in particular preventing unauthorized access to them, preventing loss of personal data, their damage or destruction.
  7. The User has the right to access his or her data, request correction or deletion of data, restrict the processing of his or her data, transfer his or her data, object to the processing of his or her data, and lodge a complaint with the supervisory authority.
  8. If the User believes that the processing of his or her personal data violates the GDPR, he or she has the right to lodge a complaint with the supervisory authority, i.e., the President of the Office for Personal Data Protection.
  9. User personal data will be processed for the period necessary to achieve the purposes of processing, depending on the legal basis for processing. In accordance with the purposes specified in paragraph 1, data is processed for the duration of the services provided under the Regulation and until the withdrawal of consent or effective objection to the processing of data in cases where the legal basis for data processing is the legitimate interest of the Administrator or the consent of the User.
  10. The data processing period may be extended if processing is necessary to establish and assert any claims or defend against them, and after this time only to the extent and for the time required by law.
  11. In connection with the provision of services, personal data provided by Users may be transferred to external entities, including in particular suppliers responsible for the operation of IT systems, external system suppliers, suppliers supporting the activities of the Administrator and providing the operation of technical and organizational solutions, advisory entities (legal, consulting, financial), marketing agencies, and entities associated with the Administrator. The basis for the processing of personal data by other entities is a separately concluded data processing agreement.
  12. The Administrator declares that the above-mentioned entities will process User personal data only to the extent necessary to fulfill their legal obligations arising from agreements or statutory provisions.
  13. At the present time, the Administrator does not intend to transfer User personal data outside the European Union or the European Economic Area. If the Administrator wishes to do so, the User will be promptly informed of this fact.

§ 15. USER APPLICATION USAGE RULES

  1. By adding photos and texts in the Application, the User declares that he or she has proprietary copyrights to the photos and texts or a license to the photos with the right to sublicense – if they constitute a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights.
  2. The User grants the Publisher a non-exclusive, free, and transferable license to use the work without time or territorial limitation, with the right to sublicense, to provide services arising from the Application, allowing for servicing, using, distributing, copying, publicly performing, or displaying. The license expires upon deletion of the User’s account or pet photo; however, the Publisher reserves the right for photos to continue to appear if the User has shared them with others and they have not deleted such content, for which the Publisher is not responsible.
  3. It is not permissible for the User to post unlawful materials in the Application, violating universally applicable legal regulations or good manners, in particular:

a) vulgarities and offensive formulations

b) content and materials infringing the copyrights of third parties

c) content and materials infringing the personal rights of third parties.

  1. The Publisher informs that:

a) it will remove User materials containing illegal content or not compliant with the requirements specified in the Regulation

b) in the event of revealing behavior contrary to the Regulation, especially violating public order, good manners, rules of social coexistence, or infringing or endangering the Publisher’s property, intervention is taken, consisting of capturing violators within the limits specified by law or notifying law enforcement authorities of revealed violations.

§ 16. FINAL PROVISIONS

  1. The Publisher reserves the right to change the rules described in this document at any time for valid reasons, e.g., due to changes in legal regulations, changes in technical conditions of service provision, organizational changes, to ensure the safe operation of the Application, its individual functionalities, prevent abuses, simplify the operation of the Application, its individual functionalities, introduce additional options, or for other valid reasons. The change is considered accepted by the User if, within 14 days from the notification of the change, the User does not cease participating in the Application by uninstalling it. The change involving updating the Application is considered accepted no later than at the time of downloading this update to the User’s mobile device.
  2. The Publisher may at any time withdraw access to the Application or its individual functionalities with a 14-day notice, and in the event of violations described in § 15, immediately block the User’s account.
  3. Matters not regulated by the regulations are governed by universally applicable law in Poland, including the provisions of the Civil Code.
  4. To the extent permitted by the relevant provisions of law, the Publisher is not liable for claims arising from non-performance or improper performance of the regulations, torts, negligence, or other titles, resulting from loss of profit, revenue, goodwill, expected savings, or data, or any indirect or consequential damages or losses.
  5. To the extent permitted by the relevant provisions of law, the Publisher is not liable for the non-functioning or faulty functioning of the Application or its individual functionalities.
  6. The Publisher is not responsible for the consequences of providing false or outdated data by Partners or business clients, as well as information or offers contrary to applicable legal regulations, good manners, or principles of social coexistence. In the event that the User becomes aware that the data provided by Partners or business clients are untrue, outdated, or infringe the rights of third parties, the User shall immediately inform the Publisher of this fact.
  7. The above rules apply from 01.02.2024.