Terms of Use

Effective Date: January 21st, 2026
Last Updated: January 21st, 2026

1. Introduction and Acceptance

1.1 Agreement to Terms

These Terms of Use ("Terms" or "EULA") constitute a legally binding agreement between you ("User," "you," "your," or "End-User") and Małgorzata Pałys-Dudek, operating as P&D Małgorzata Pałys-Dudek (P&D), a sole trader registered in Poland (NIP/EU-VAT: PL8992613826), with registered address at Zabrodzie 7d, 52-327 Zabrodzie, Poland ("we," "us," "our," "Company," "Developer," or "Licensor", "P&D").

This agreement is solely between you and P&D, NOT with Apple Inc. ("Apple"), Google, or any other platform provider.

1.2 Developer Contact Information

For all questions, complaints, or claims regarding PEAR:

1.3 Capacity to Enter Agreement

By using the Service, you represent and warrant that:

2. Service Description

2.1 Overview

PEAR - Pregnancy Eating Advice & Recommendations (the "Service," "App," or "Licensed Application") is an AI-powered mobile application designed to assist pregnant women in identifying food safety risks. It uses barcode scanning, visual recognition, and text search to provide informational safety verdicts ("Safe," "Caution," "Avoid").

2.2 AI Processing Disclosure

The Service utilizes third-party artificial intelligence and computer vision models (including but not limited to OpenAI and Google Vision) to analyze images and text. Content you upload (e.g., food photos) is processed by these third-party services solely for the purpose of providing the safety verdict.

2.3 Service Availability

The Service is provided on an "as-is" and "as-available" basis. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.

3. CRITICAL MEDICAL DISCLAIMER

PLEASE READ CAREFULLY. THIS SECTION LIMITS OUR LIABILITY REGARDING YOUR HEALTH.

3.1 Not Medical Advice

THE APP DOES NOT PROVIDE MEDICAL ADVICE.
The content, safety verdicts, and recommendations provided by PEAR are for informational purposes only. They are not a substitute for professional medical advice, diagnosis, or treatment.

3.2 No Reliance

3.3 AI Accuracy Warning

We explicitly disclaim all liability for any health complications, food poisoning, allergic reactions, or other injuries arising from your use of the App.

4. License Grant and Restrictions

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes.

4.2 Scope of License (Apple Devices)

For Apple device users, this license is limited to:

4.3 License Restrictions

You may NOT:

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service solely for personal purposes in accordance with these Terms.

5.2 Prohibited Conduct

You agree NOT to:

5.3 Legal Compliance Representation

You represent and warrant that:

6. Intellectual Property Rights

6.1 User Content

You retain ownership of the photos you take. By using the visual recognition feature, you grant us a limited, non-exclusive license to process these images transiently to provide the Service. We do not retain your images.

6.2 Service Intellectual Property

The Service, including its design, "PEAR" branding, code, and database, is owned by the Company and protected by applicable intellectual property laws.

6.3 Intellectual Property Infringement Claims

You acknowledge that P&D, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any intellectual property infringement claims related to the Service.

7. Privacy and Data Protection

7.1 Privacy Policy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference.

7.2 Data Processing

We process personal data (specifically health data stored locally on your device) in accordance with the GDPR. By using the App, you consent to the local processing of your due date and allergy information.

8. Subscriptions and Purchases ("Unlock")

8.1 "Unlock" Plans

PEAR offers a free version with limited scans and an option to "Unlock" full features.

8.2 Payment Processing

Payments are processed through the Apple App Store. We do not store your credit card information.

8.3 Automatic Renewal (Subscriptions)

Subscription plans automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

8.4 Refunds

All refunds are handled by Apple. We do not have the ability to issue refunds directly. Refund requests must be submitted to Apple and are subject to Apple's Media Services Terms and Conditions.

8.5 Cancellation

You can manage and cancel your subscriptions by going to your iPhone Settings > Apple ID > Subscriptions.

9. Maintenance and Support

9.1 Developer Support Obligations

P&D is solely responsible for providing maintenance and support services for the Service. Support can be obtained by contacting support@pnd.io.

9.2 Platform Provider Disclaimer

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

10. Warranties and Disclaimers

10.1 Limited Warranty

We warrant that the Service will perform substantially in accordance with its documentation for a period of 90 days from download.

10.2 Warranty Remedies

If the Service fails to conform to the warranty, you may notify Apple, and Apple will refund the purchase price.

10.3 Disclaimer of Other Warranties

EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

11.1 Developer Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.2 Product Claims

You acknowledge that P&D, not Apple, is responsible for addressing any claims relating to the Service, including:

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claims, damages, losses, liabilities, costs, and expenses arising from your violation of these Terms or your misuse of the Service.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Poland and the European Union.

13.2 Jurisdiction

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Wrocław, Poland.

14. Termination

You may terminate your use of the Service at any time by deleting the App. We may terminate your access if you breach these Terms.

15. General Provisions

15.1 Entire Agreement

These Terms constitute the entire agreement between you and the Company regarding the Service.

15.2 Severability

If any provision is found unenforceable, the remaining provisions shall continue in full effect.

16. Apple-Specific Terms

The following terms apply specifically to users who download the Service from the Apple App Store:

16.1 Acknowledgement

You acknowledge that these Terms are concluded between you and P&D only, and not with Apple. P&D, not Apple, is solely responsible for the Service and its content.

16.2 Usage Rules

Your use of the Service must comply with the Usage Rules set forth in the Apple Media Services Terms and Conditions.

16.3 Apple's Non-Responsibility

Apple has no obligation to furnish any maintenance and support services with respect to the Service.

16.4 Warranty and Refunds

In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever.

16.5 Product Claims

P&D, not Apple, is responsible for addressing any claims relating to the Service or your possession and/or use of the Service.

16.6 Intellectual Property

In the event of any third-party claim that the Service infringes intellectual property rights, P&D, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claim.

16.7 Third Party Beneficiary

You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16.8 Minimum Age

You must be at least 18 years old to use the Service.

17. Contact Information

For questions about these Terms, please contact us at:

P&D
Email: support@pnd.io
Address: Zabrodzie 7d, 52-327 Zabrodzie, Poland
NIP/EU-VAT: PL8992613826

By using PEAR, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.