Terms of Service

General Provisions & Provider Details

These Terms of Service (the “Terms”) set out the rules for the electronic supply of Stimly — a caffeine tracking application — and for your use of it. The Terms are made available free of charge before the contract is concluded, in a way that lets you download, reproduce and store them.

The provider is Mateusz Styś, trading as Zen Media Mateusz Styś, Smolarzyny 75F, 37-110 Smolarzyny, Poland, registered in the Polish Central Registration and Information on Business (CEIDG) maintained by the minister responsible for the economy, tax identification number (NIP) 7941659249 (“Stimly”, “we”, “us”, “our”). Contact: support@stimly.me, telephone +48 513 284 011.

These Terms should be read alongside our Privacy Policy, which explains what data we collect and why. If you do not accept these Terms, do not use the Service.

Definitions

Capitalised terms used in these Terms have the following meanings:

• —Application — the Stimly software for mobile devices and the web application available at stimly.me.
• —Service — the digital service we supply electronically through the Application, covering caffeine logging, metabolism model calculations, notifications, and Account-related features.
• —Account — the set of data and settings tied to your email address that lets you use the Service.
• —Subscription — a paid, renewing contract for the supply of the Service in its extended tier.
• —Stimly PRO — the Subscription tier of the Service, covering the personalised metabolism model, extended analytics, and any other feature marked PRO in the Application.
• —Consumer — a natural person entering into a contract with us for purposes outside their trade, business or profession, and also a natural person entering into a contract directly connected with their business where that contract is not of a professional character for them.
• —Store — the Apple App Store or the Google Play Store, through which you download the Application and, for in-app purchases, pay for a Subscription.

Provisions of these Terms concerning the Consumer apply to the persons described in item 6 above to the extent provided by law.

Account & Formation of the Contract

Using the Service requires creating an Account with a valid email address, or signing in with Apple or Google. The contract for the supply of the Service is concluded when the Account is created and these Terms are accepted. The contract is concluded for an indefinite term.

You are responsible for keeping your login credentials confidential and for activity carried out under your Account. You agree to provide accurate information and keep it up to date.

An Account may be created by a person aged 16 or over in the European Economic Area, or 13 or over outside it. In either case, a person without full legal capacity may enter into the contract only with the consent of their legal guardian, except for contracts that qualify as minor everyday matters — a Subscription is not one of them. The advanced biometric features are intended for adults.

We send confirmation of the contract, together with these Terms, to the email address linked to the Account. The Terms in force are available at any time in the Application and at stimly.me.

Licence to Use the Application

We grant you a non-exclusive, non-transferable licence to use the Application on devices you own or control, for your personal use only and within the scope set out in these Terms. The licence lasts for the term of the contract for the supply of the Service.

Where the Application is downloaded from the Apple App Store, the licence covers Apple-branded devices and is subject to the Usage Rules set out in the App Store Terms of Service. Apple and Apple's subsidiaries are third-party beneficiaries of this section and, upon your acceptance of these Terms, have the right to enforce it against you.

The Application may enable access to services, content and materials operated by third parties. We are not responsible for their content or availability; you use them on the terms set by those parties.

You may not use, export, or re-export the Application except as authorised by Polish law, European Union law, and United States law.

The licence ends when the contract ends. You must then stop using the Application and delete its copies from devices you own or control. This section replaces the separate End-User License Agreement (EULA), which ceased to apply on 12 August 2026.

Technical Requirements

To use the Service you need: a device running iOS 15.1 or later, or Android 8.0 or later, or a current version of a web browser; an active internet connection; a valid email address; and, for barcode scanning, a camera and permission to use it.

Some features require an internet connection because the metabolism model calculations run server-side. Notifications are scheduled locally on your device and require the system notification permission.

We do not warrant that the Application works on modified devices (for example with unlocked administrative access) or on operating system versions older than those listed above.

Acceptable Use

You agree to use the Service lawfully, in line with these Terms and for its intended purpose, which is personal caffeine intake tracking. Supplying unlawful content is prohibited. In particular, you may not:

• —submit content to the Service that breaches the law, third-party rights or personal rights, including offensive, misleading, or copyright-infringing content
• —reverse engineer, decompile, or disassemble the Application, beyond what mandatory copyright law permits
• —attempt to gain unauthorised access to other users' data, to other people's Accounts, or to our systems
• —use the Service for any unlawful purpose or in violation of applicable law
• —resell, redistribute, or commercially exploit the Service without our prior consent given in writing or by email
• —use automated tools to scrape or extract data from the Service, or load it in a way that threatens its stability

The consequences of breaching these rules are set out in section 13.

Intellectual Property

All content, features, and elements of the Service — including the pharmacokinetic engine, user interface, design, branding, and documentation — are owned by us and protected by copyright and industrial property law.

Your caffeine intake data, biometric profile, and personal settings remain yours. You grant us a limited licence to process this data solely to provide the Service, as described in the Privacy Policy. The licence ends when you delete your Account.

You may not use the Stimly name, logo, or other branding without our prior consent given in writing or by email.

Subscriptions & Payments

Stimly is offered in a free tier and in a paid Stimly PRO Subscription. The features included in each tier, and the current Subscription price inclusive of taxes, are shown in the Application before you place an order, on the purchase screen.

Subscriptions are billed on a recurring basis — monthly or yearly, depending on the plan chosen — and renew automatically for a further period unless cancelled at least 24 hours before the end of the current billing period. The fee is charged in advance for each period.

You may cancel at any time in your Store's subscription settings (iOS: Settings → Apple ID → Subscriptions), or, for web purchases, in the payment provider's portal. Cancellation takes effect at the end of the current billing period — you keep access to Stimly PRO until then. Cancellation is not withdrawal from the contract; the right of withdrawal is set out in section 9.

Payments are handled exclusively by third-party providers; we neither receive nor store your payment card details. For in-app purchases on iOS, Apple is the seller and Apple handles refund requests in accordance with its policies. For web purchases, Link (Stripe) is the merchant of record — the transaction begins with LINK.COM* on your card statement — and Link support (support.link.com) handles refunds, withdrawal from the purchase contract, and payment complaints.

For anything concerning the Application, the scope of the Service, or your Account, contact support@stimly.me, whichever channel you purchased through.

Right of Withdrawal

If you are a Consumer, you may withdraw from a distance contract within 14 days without giving a reason and without incurring costs, except those set out in the Polish Consumer Rights Act of 30 May 2014. The period runs from the day the contract is concluded — for a Subscription, from the day of purchase.

To withdraw, send an unambiguous statement to support@stimly.me or by post to the address in section 1. You may use the model withdrawal form set out in Annex 2 to the Consumer Rights Act, but you are not required to. Sending the statement before the deadline is enough to meet it.

We refund payments within 14 days of receiving the withdrawal statement, using the same payment method you used, unless you agree to a different method that costs you nothing.

Loss of the right of withdrawal. The right of withdrawal does not apply to a contract for the supply of digital content or a digital service for which you pay a price if, cumulatively: you give express prior consent to performance starting before the withdrawal period ends, you are informed that you will lose the right of withdrawal once performance is complete, you acknowledge this, and we provide you with confirmation of the contract on a durable medium. We take that consent as a separate statement on the purchase screen — it is not part of accepting these Terms. If any of these conditions is not met, you keep the right of withdrawal.

If you withdraw from a contract for a service whose performance began at your express request before the withdrawal period ended, you pay for what was performed up to the point of withdrawal, in proportion to the scope performed.

If the Subscription was purchased through a Store or via the website, address the withdrawal statement to the seller identified in section 8 paragraph 4 — Apple or Link support. You may also send it to us and we will pass it on and confirm this to the email address linked to your Account.

Complaints & Conformity of the Service

We are liable for the conformity of the Service with the contract on the terms set out in the Consumer Rights Act. If the Service does not conform, you may require us to bring it into conformity and, where that is impossible or would involve excessive costs, make a statement reducing the price or withdrawing from the contract on the terms set out in that Act.

We supply the updates necessary to keep the Service in conformity with the contract for the whole term of the contract, and inform you about them in the Application.

Submit complaints to support@stimly.me. Include the email address linked to your Account, a description of the problem, and the date and circumstances in which it occurred; where possible, add the Application version and your device model.

We handle complaints within 14 days of receipt and reply to the email address the complaint was sent from. Failure to reply within that period means the complaint is upheld. Our reply states how the matter is resolved: fixing the defect, restoring access, reducing the price, or refunding.

Complaints about payments, billing, and refunds are handled by the seller for the relevant purchase channel, identified in section 8 paragraph 4.

Nature of the Service & Disclaimers

Stimly is a personal wellness tool, not a medical device. It does not provide medical advice, diagnosis, or treatment recommendations. The pharmacokinetic models used in Stimly are based on published scientific research and are intended for informational purposes.

Caffeine affects individuals differently. The predictions generated by Stimly are estimates based on population-level research and the biometric profile you enter yourself. They are not a substitute for professional medical advice.

If you are pregnant, have a cardiovascular condition, are taking medication that may interact with caffeine, or have any other health concern, consult a qualified healthcare professional before making decisions based on Stimly's output.

We work to keep the Service available without interruption, but we do not commit to a specific availability level. We may carry out maintenance, announcing longer planned downtime in the Application in advance. None of this limits our liability for conformity of the Service, set out in section 10.

Liability

We are liable for non-performance or improper performance of the contract on the terms set out in Polish law, in particular the Civil Code and the Consumer Rights Act.

To the extent permitted by law, we are not liable for indirect damage or lost profits arising from your use of, or inability to use, the Service.

The limitation in paragraph 2 does not apply to damage caused intentionally, to personal injury — including death and bodily harm — or to the extent that liability cannot be excluded or limited under mandatory law, in particular consumer protection law.

Termination

You may terminate the contract at any time, with immediate effect, by deleting your Account in the mobile app: Settings → Account → Delete Account. Deletion is irreversible, takes effect immediately, and erases your data from our systems as described in the Privacy Policy. Terminating does not cancel a Subscription bought through a Store — cancel that separately, as set out in section 8 paragraph 3.

We may terminate the contract on 14 days' notice if we discontinue the Service. We will tell you at the email address linked to your Account and refund the fee for the unused part of the Subscription.

We may suspend access to the Service or terminate the contract with immediate effect only where: you seriously breach section 6, you act in a way that threatens the security of the Service or other users' data, or you use the Service for criminal purposes. When suspending access or terminating, we state the reason and the provision breached, and inform you that you may complain under section 10. Where the breach can be remedied, we first send a request and a deadline of no less than 7 days.

When the contract ends, your right to use the Service ceases. Provisions that by their nature survive termination — in particular sections 7, 12, and 14 — continue to apply.

Governing Law, Disputes & ADR

These Terms are governed by Polish law. If you are a Consumer habitually resident in another European Union country, the choice of Polish law does not deprive you of the protection of mandatory provisions of the law of that country.

We try to resolve disputes arising from these Terms or the Service directly first — write to support@stimly.me. The court with jurisdiction over a dispute is the court determined under the Polish Code of Civil Procedure.

As a Consumer you may use out-of-court complaint and redress procedures. These include, in particular: mediation by the regional Trade Inspection Authorities (Inspekcja Handlowa), the permanent consumer arbitration courts attached to those authorities, and free assistance from a district or municipal consumer ombudsman and from consumer organisations. The rules for accessing these procedures are published by the Polish Office of Competition and Consumer Protection at uokik.gov.pl. Using them is voluntary and requires both parties to agree.

Nothing in these Terms limits a Consumer's rights under mandatory law. Where a provision of these Terms conflicts with such a rule, the rule prevails.

Changes to These Terms

We may change these Terms only for valid reasons, which are: a change in the law applying to the Service; a court ruling or an administrative decision affecting the content of the Terms; a change in the scope or manner of supplying the Service, including adding or withdrawing features; a change in the provider's details; a change of payment provider or other technical subcontractor; the security of the Service or the prevention of abuse.

We announce a change at least 14 days before it takes effect — by an in-app notice and a message to the email address linked to your Account — stating what changes and from when. Contracts are governed by the version of the Terms in force on the date of the event in dispute.

If a change to the Service materially and adversely affects your access to it or your use of it, you may terminate the contract with immediate effect within 30 days of the change being made, or of being informed about it if that came later. This does not apply if we let you keep the Service unchanged at no additional cost.

If you do not accept a change, you may terminate the contract at any time under section 13 paragraph 1. Not terminating before the change takes effect means you accept it.

If any provision of these Terms turns out to be invalid or ineffective, the remaining provisions stay in force, and the relevant statutory rule applies in place of the invalid one.