Foki Terms & Conditions

1. Acceptance of These Terms

These Terms & Conditions ("Terms") govern your access to and use of the Foki mobile application (the "App") and our informational website (the "Website"), provided by Kanstantsin Ramanchuk, a sole proprietorship operating under the laws of Poland, with registered address at Wandy Landowskiej 18, 01-315, Warsaw, Poland ("we", "us", "our", the "Company").

By downloading, accessing, or using the App, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the App.

2. Description of the Service

Foki is a skin progress tracking tool. It allows you to:

• Search a database of skincare products and add your own products (with photos and descriptions);
• Create and follow skincare routines, and mark their completion;
• Plan and track visits to specialists (such as cosmetologists or dermatologists);
• Upload photos and documents (such as lab results or dermatological analyses) to keep skin-related information in one place;
• Track supplements and record when you take them.

Foki is currently free to use.

3. Eligibility

You must be at least 16 years old to use the App. By using the App, you represent and confirm that you meet this requirement. Age is self-declared and not independently verified by us. You are solely responsible for the accuracy of this declaration. If you are a parent or guardian and believe a child under 16 is using the App, please contact us at team.fokiapp@gmail.com so we can take appropriate action.

4. No Account Registration: Device-Linked Use

The App does not require registration or a user account. Your data is linked to your device rather than to a personal profile. As a result:

• We have no way of verifying your identity beyond what you voluntarily tell us (e.g., in an email);
• Your data does not automatically sync between devices;
• If you uninstall the App, switch devices, or lose your device, your data will be lost and generally cannot be recovered;
• Uninstalling the App deletes your locally stored data. You may also request deletion of any corresponding data held on our infrastructure by emailing team.fokiapp@gmail.com (see our Privacy Policy for details).

You may withdraw your consent to the processing of your data and delete all your data at any time by tapping "Withdraw consent and delete my data" in your Profile settings. Because this data is essential to the App's core functionality, doing so will reset the App to its initial state and require you to provide consent again before continuing to use it.

By using the App, you acknowledge and accept these limitations.

5. Not Medical Advice: Important Disclaimer

Foki is a personal organisation and tracking tool. It is not a medical device, and it does not provide medical advice, diagnosis, or treatment.

• The App does not analyse, evaluate, or interpret any photos, documents, or other information you upload. It simply stores what you choose to upload so that it is organised and accessible to you in one place.
• Nothing in the App should be understood as a recommendation regarding any skincare product, routine, supplement, or medical decision.
• Any information you record about specialists, appointments, products, or routines is for your own personal reference only.
• You are solely responsible for any decisions you make regarding your skin, health, skincare products, supplements, or medical care. You should consult a qualified dermatologist, physician, or other healthcare professional for any medical advice, diagnosis, or treatment.
• We are not liable for any outcome resulting from your use of, or reliance on, the App or any content stored within it.

If you have a medical concern, please consult a licensed healthcare professional. Do not use the App as a substitute for professional medical advice.

6. Your Content and Your Responsibilities

6.1 Content You Upload

You retain ownership of any photos, documents, descriptions, notes, or other content you upload or create within the App ("User Content"). By uploading User Content, you grant us a limited, non-exclusive licence to store and display that content back to you, solely for the purpose of operating the App's features for you. We do not use your User Content for any other purpose, such as training models, advertising, or sharing with third parties, except as described in our Privacy Policy (e.g., our infrastructure provider storing it on our behalf).

6.2 Accuracy and Legality of Your Content

You are solely responsible for the content you upload. In particular:

• You must ensure you have the right to upload any documents, photos, or notes you add to the App, including any that contain information about third parties (for example, a note referencing a doctor's or specialist's name, or a lab document that includes information beyond your own). You represent and warrant that your upload of such content is lawful and does not violate the privacy or other rights of any third party.
• Product entries you add to the database should be accurate to the best of your knowledge. We do not verify the accuracy of user-submitted product information.

6.3 Prohibited Content and Conduct

You agree not to use the App to:

• Upload unlawful, defamatory, abusive, or infringing content;
• Upload content that violates the privacy rights of any third party without appropriate basis;
• Attempt to reverse-engineer, disrupt, or gain unauthorized access to the App or its infrastructure;
• Use the App for any purpose other than personal, non-commercial skin tracking.

We reserve the right to suspend or terminate access for users who violate these Terms.

7. Product Database and Third-Party Trademarks

The product database within the App is compiled and maintained by us. We make reasonable efforts to keep product information accurate, but we do not guarantee its completeness, accuracy, or currency, and we are not responsible for errors or omissions in product listings.

Any product names, brand names, or trademarks referenced in the database are the property of their respective owners. Reference to a product or brand within the App does not imply any affiliation, sponsorship, or endorsement by that brand unless explicitly stated.

8. Intellectual Property

The App, including its design, features, software, and the compiled product database (excluding User Content and third-party trademarks), is owned by us and protected by applicable intellectual property laws. Except for the limited right to use the App for personal, non-commercial purposes as intended, no rights are granted to you in our intellectual property.

9. Termination

You may stop using the App at any time by uninstalling it. We may suspend or terminate your access to the App if we reasonably believe you have violated these Terms, or for operational, legal, or security reasons, with or without notice where circumstances warrant.

10. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AS DESCRIBED IN SECTION 5, THE APP IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM OR RELATED TO YOUR USE OF THE APP, INCLUDING LOSS OF DATA DUE TO DEVICE LOSS, CHANGE, OR APP UNINSTALLATION AS DESCRIBED IN SECTION 4.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including certain mandatory consumer protection rights available to you under the laws of your country of residence within the EU/EEA.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your violation of these Terms, your User Content, or your misuse of the App.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of Poland, without regard to conflict-of-law principles.

If you are a consumer residing in another EU/EEA member state, you continue to benefit from any mandatory consumer protection provisions of the law of your country of residence, which cannot be waived by agreement, notwithstanding the choice of Polish law above.

Any disputes arising from these Terms shall be subject to the jurisdiction of the competent courts of Poland, without prejudice to any mandatory right you may have to bring proceedings in the courts of your own country of residence as an EU/EEA consumer.

14. Changes to These Terms

We may update these Terms from time to time. We will update the "Last Updated" date above. Continued use of the App after changes take effect constitutes acceptance of the revised Terms. Where changes are material, we will provide reasonable notice within the App.

15. Apple App Store: Additional Terms

Because the App is distributed via the Apple App Store, the following additional terms apply and take precedence over any conflicting term in these Terms with respect to Apple:

• These Terms are between you and us only, not with Apple Inc. ("Apple"), and Apple is not responsible for the App or its content.
• The licence granted to you to use the App is limited to a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Apple Media Services Terms of Service.
• We, not Apple, are solely responsible for providing maintenance and support for the App, to the extent required under these Terms.
• We, not Apple, are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
• We, not Apple, are responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising from consumer protection or similar legislation.
• In the event of any third-party claim that the App infringes intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement, and discharge of such claim.
• You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.
• You must comply with any applicable third-party agreements (e.g., your wireless data service agreement) when using the App.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

16. Contact Us

If you have questions about these Terms, please contact us at:

Email: team.fokiapp@gmail.com
Postal address: Wandy Landowskiej 18, 01-315, Warsaw, Poland