░░ legal

TERMS OF USE OF THE TUHIKIMI MOBILE APPLICATION

§ 1. DEFINITIONS

App – the Tuhikimi mobile software intended for Android devices, distributed through Google Play, enabling in particular the searching of contacts and applications installed on the Device using handwritten input.
Premium Action – an action performed on a search result, in particular launching an application, initiating a telephone call or opening a contact, which, after the Free Allowance has been used, requires active Premium Access.
One-Time Premium Access (Perpetual Access / Lifetime) – a one-time paid variant of Premium Access, without recurring charges and without a predetermined expiry date of the acquired entitlement, on the terms set out in § 8. The terms “Perpetual Access” and “Lifetime” may be used as additional commercial designations for this variant and do not constitute a guarantee that the App will function for the User’s entire lifetime.
Premium Access – the entitlement to use paid features of the App, obtained under a Subscription or One-Time Premium Access.
Free Features – features of the App available without payment, including at least search and, under the current product model, the Free Allowance.
ML Kit – Google ML Kit Digital Ink Recognition – Google technology used for local recognition of handwriting entered on the Device screen.
Google Play – the Google Play digital distribution platform and related Google services, including Google Play Billing, applicable to the User’s country and Google account.
Consumer – a natural person entering into the Agreement with the Publisher for purposes not directly related to that person’s trade, business, craft or profession. Provisions granting rights to Consumers also apply to a natural person conducting business activity where mandatory law grants that person consumer protection in the relevant respect.
Free Allowance – 20 Premium Actions made available to the User free of charge during periods in which the User does not have active Premium Access.
Trial Period – a 30-day free trial period of the Subscription, if such an offer is available to the User in Google Play; after the Trial Period ends, the Subscription becomes paid unless cancelled earlier, in accordance with the offer terms displayed before activation.
App Privacy Policy – the privacy policy governing the processing of personal data in connection with use of the App, available at https://tuhikimi.app/privacy/.
Website Privacy Policy – the privacy policy governing the processing of personal data in connection with use of the Website, available at https://tuhikimi.app/privacy_web/.
Terms – these terms of use of the App, constituting terms for the provision of services by electronic means to the extent that the Polish Act of 18 July 2002 on the Provision of Services by Electronic Means applies.
Website – the Tuhikimi website available at https://tuhikimi.app.
Subscription – a paid, automatically renewing variant of Premium Access billed annually through Google Play, subject to the Trial Period where offered.
Digital Supply – Digital Content or a Digital Service within the meaning of applicable consumer law, supplied to the User in connection with the App or Premium Access; the classification of a particular feature depends on its nature.
Agreement – the agreement between the Publisher and the User concerning use of the App and, as applicable, the supply of Digital Supply. Payment rules and technical transaction handling through Google Play may additionally be subject to Google’s terms.
Device – a compatible Android mobile device on which the App is installed.
User – a person using the App under these Terms.
Publisher – Arkadiusz Janik, a sole trader conducting business under the business name Smarter Arkadiusz Janik, ul. Żelazna 51/53, 00‑841 Warsaw, Poland, Tax Identification No. (NIP) PL7342950754.

§ 2. GENERAL PROVISIONS

The Publisher of the App is Arkadiusz Janik, a sole trader conducting business under the business name Smarter Arkadiusz Janik, ul. Żelazna 51/53, 00‑841 Warsaw, Poland, Tax Identification No. (NIP) PL7342950754.
The Publisher may be contacted via the contact form available at https://tuhikimi.app/#contact.
These Terms specify in particular the types and scope of services provided electronically, the conditions for use of the App, licence terms, the rules for using Free Features and Premium Access, the rules for entering into and terminating the Agreement, and the complaints procedure.
These Terms are made available to the User free of charge before the Agreement is entered into, in a manner enabling the User to obtain, reproduce and retain them. The current English version of these Terms is available at: https://tuhikimi.app/terms/.
Google Play terms apply to use of the Google Play platform, the Google account, the process of downloading the App and purchases made through Google Play Billing, to the extent determined by Google. Under the current Google Play Terms applicable to users in Poland, content on Google Play is offered by Google Commerce Limited and a purchase may result in a separate agreement with that entity. These Terms govern the separate relationship between the User and the Publisher concerning use of the App, the licence and the Publisher’s supplies, and do not exclude the Publisher’s liability arising under mandatory law.
The App is intended for the User’s lawful personal use. Use of the App does not require creation of a separate account with the Publisher unless the App’s functionality is changed in the future and the User is informed in advance.

§ 3. SCOPE AND FUNCTIONALITY OF THE APP

The App combines functions for searching contacts and installed applications with launcher functions and actions initiated on search results.
Search is performed using individual characters or strings of characters drawn or written by the User on the Device screen. Handwriting recognition is performed on the Device using ML Kit.
The App may search multiple character strings and match them against parts of contact names or application names. Results may be ranked using local scoring based on how frequently individual contacts and applications are selected.
Depending on the selected result, the App may in particular enable:
1. initiating a call to a selected contact;
2. opening a selected contact in the native contacts application;
3. launching a selected application installed on the Device.
The scope of functionality may depend on the Device model, Android version, system configuration, permissions granted, availability of system applications and availability of Google services.

§ 4. TECHNICAL REQUIREMENTS, PERMISSIONS AND SAFE USE

Downloading, installing and updating the App requires a Google Play account, a compatible Device and Internet access. The minimum supported operating system version is Android 10 or later. For the current version of the App, the technical requirements specified in its current Google Play listing are binding.
Internet access is required for the initial download of the ML Kit model; until the model has been downloaded, the handwriting recognition function does not operate. Internet access may also be required to update ML Kit models, handle purchases, confirm Premium Access entitlements and perform other operations requiring communication with Google Play. Once the relevant model has been downloaded, handwriting recognition operates locally on the Device to the extent supported by ML Kit.
To provide its core functions, the App may require access to contacts, information about applications installed on the Device and functions related to initiating calls. The exact scope of permissions depends on the current version of the App and the Android system interface.
The User may refuse a permission or revoke it in system settings. Refusal or revocation may prevent the function for which the permission is necessary from operating.
The User should use an up-to-date version of the operating system and the App and apply appropriate Device security. Use of an outdated, modified or incompatible environment may affect the security and operation of the App.
It is prohibited to use the App unlawfully, in a manner infringing third-party rights or disrupting operation of the App or IT systems, or to take steps intended to circumvent payment mechanisms, security measures or functional limitations, except to the extent expressly permitted by mandatory law.

§ 5. ENTERING INTO, DURATION AND TERMINATION OF THE AGREEMENT

The Agreement concerning the Free Features is entered into after these Terms have been made available to the User and the User starts using the App in a manner indicating an intention to use it on the terms set out herein.
Premium Access is obtained after the User selects the relevant variant and Google Play confirms the entitlement arising from the purchase. A purchase made through standard Google Play Billing is subject to the applicable Google Play terms and is separate from the Agreement governing use of the App, the licence and the Publisher’s supplies. Before the purchase is confirmed, the Google Play interface displays the price, billing period, Trial Period (if applicable), automatic renewal and cancellation rules.
The Agreement concerning Free Features continues for the period during which the App is used. The User may stop using the Free Features at any time, in particular by uninstalling the App.
The duration of Premium Access depends on the selected variant: a Subscription or One-Time Premium Access, taking into account these Terms, Google Play terms and mandatory law.
Uninstalling the App does not automatically cancel the Subscription. The Subscription must be managed separately through Google Play.

§ 6. FREE FEATURES AND FREE ALLOWANCE

The basic search function, including entering characters and displaying matching results, is available free of charge.
The User may perform 20 Premium Actions within the Free Allowance during periods in which the User does not have active Premium Access. While Premium Access is active, including during the Trial Period, the Free Allowance is not reduced. Any unused portion of the Free Allowance remains available after the Trial Period ends or the Subscription expires.
After the Free Allowance has been used, search remains available, while performing Premium Actions requires active Premium Access.
The Publisher may offer promotions or more favourable terms for Free Features. Information on a specific promotion is provided before the User takes advantage of it and does not limit rights already acquired by the User.

§ 7. ANNUAL SUBSCRIPTION AND TRIAL PERIOD

The Subscription provides Premium Access for annual billing periods and renews automatically for subsequent annual periods unless the User cancels it in accordance with Google Play rules before the next renewal.
If a Trial Period is available to a particular User, it lasts 30 days. Before activation, the User is clearly informed at least of the length of the Trial Period, the price and billing period of the paid Subscription after the Trial Period, automatic renewal and the method of cancellation. Google Play may require a valid payment method to be added.
If the User does not want a paid Subscription period to begin after the Trial Period, the User should cancel the Subscription before the Trial Period ends in accordance with the information displayed in Google Play.
Cancellation of the Subscription stops future renewals. As a rule, the User retains access for the remainder of the paid period, unless Google Play, the terms of the specific offer or mandatory law provide otherwise.

Manage Subscription: Google Play – subscriptions

§ 8. ONE-TIME PREMIUM ACCESS (PERPETUAL ACCESS / LIFETIME)

One-Time Premium Access is a one-time purchase of Premium Access without recurring charges and without a predetermined end date of the acquired entitlement to use the premium features covered by this variant.
One-Time Premium Access does not mean that the Publisher undertakes that the App, every App feature, a particular Android version, Google Play or third-party services will remain technically available indefinitely or throughout the User’s lifetime. Premium features may also operate offline on the basis of a locally stored entitlement status; however, periodic confirmation or restoration of the entitlement may depend on Google Play, and the Publisher does not guarantee any specific behaviour of Google services after the App or product is withdrawn from publication.
In the App and Google Play, this variant is presented primarily as a one-time Premium purchase without recurring charges. If the term “Lifetime” or “Perpetual Access” is additionally used, it means that the acquired entitlement has no predetermined expiry date and does not constitute a guarantee of development, support, compatibility or technical availability of the App throughout the User’s lifetime.

§ 9. PRICES, PAYMENTS AND GOOGLE PLAY BILLING

Purchases of Premium Access are made through Google Play Billing in accordance with the Google Play rules applicable to the User’s country and account.
The price, currency, taxes (if applicable), billing period and other material terms of a specific offer are presented to the User before the transaction is confirmed. Prices may differ between markets and may change for future purchases or renewals in accordance with applicable law and Google Play rules.
The Publisher does not receive the User’s payment instrument details, such as the full card number. Payment processing takes place within the Google Play environment. The App may receive from Google Play information necessary to determine Premium Access entitlement status. The Publisher does not maintain its own database of Users or purchases and does not store purchase identifiers, tokens or transaction statuses outside the Device.
A change in the Subscription price for future periods is made in accordance with Google Play rules and applicable law; where prior notice or an action by the User is required, it will be provided before the new price applies.

§ 10. LICENCE, INTELLECTUAL PROPERTY RIGHTS AND THIRD-PARTY COMPONENTS

Once the User obtains access to the App in accordance with these Terms, the Publisher grants the User a non-exclusive, worldwide, perpetual, non-transferable and non-sublicensable licence to install and use the App on compatible Devices under the User’s control, solely to the extent necessary to use the App for its intended purpose.
The licence does not include the right to distribute, resell, sublicense, make publicly available, modify or reverse engineer the App, except to the extent that a particular action is expressly permitted by mandatory law and cannot be contractually excluded.
Rights in the App, including the software, graphic elements, texts and designations, belong to the Publisher or the relevant licensors. These Terms do not transfer any economic copyrights or trademark rights to the User.
The App uses third-party components, libraries or services that may be subject to separate licences. Information on open-source component licences and required licence notices is available in the App under “Settings → About → Open Source Licenses”.

§ 11. RIGHT OF WITHDRAWAL, CANCELLATION AND REFUNDS

Purchases of Premium Access are made through Google Play. Under the current Google Play Terms, the agreement concerning a Google Play Purchase is entered into separately in accordance with the Google Play terms applicable to the User’s country.
The rules governing cancellation of the Subscription, exercise of the right of withdrawal from the agreement concerning a Google Play Purchase, and refunds are determined by the applicable Google Play terms and policies and by mandatory law.
Cancellation of the Subscription stops future renewals. As a rule, the User retains Premium Access until the end of the paid period, unless the terms of the specific Google Play offer or applicable law provide otherwise. Uninstalling the App does not cancel the Subscription.
A refund request may be submitted through Google Play in accordance with the current Google Play refund rules. Where Google Play directs the User to the Publisher, the User may report a purchase-related issue or refund request to the Publisher using the contact details specified in these Terms. The Publisher will consider such a request in accordance with applicable law and within the scope of the Google Play tools available to it.
Google Play procedures concerning cancellation, withdrawal and refunds do not exclude or limit the User’s rights against the Publisher concerning the App or Premium Access, in particular rights arising from lack of conformity of the Digital Supply with the Agreement.
Current information concerning Subscription cancellation, withdrawal and refunds is available in Google Play.

§ 12. CONFORMITY WITH THE AGREEMENT, UPDATES AND COMPLAINTS

The Publisher is liable to the Consumer for conformity of the Digital Supply with the Agreement to the extent required by mandatory law, including as regards functionality, compatibility, interoperability, security, features specified in the offer description and updates required to maintain conformity.
The Publisher provides updates, including security updates, to the extent and for the period required by law. The User should install a properly provided update within a reasonable time if the User has been informed of its availability and the consequences of failing to install it.
If the Digital Supply does not conform to the Agreement, the Consumer is entitled to the remedies provided by law, in particular to require that it be brought into conformity and, in the cases specified by law, also to a price reduction or withdrawal from the Agreement.
A complaint concerning the App may be submitted via the form at https://tuhikimi.app/#contact. Where possible, the complaint should describe the issue and include information facilitating its reproduction (e.g. the Android and App versions); failure to provide such information does not deprive the Consumer of statutory rights. For matters concerning the payment itself, account charges, the Google account or operation of Google Play, Google Play is the appropriate first-line support channel.
The Publisher replies to a Consumer complaint within 14 days of receipt, unless mandatory law provides for a different period or a different consequence of failure to reply.

§ 13. CHANGES TO THE APP, SUSPENSION AND TERMINATION OF SUPPLY

The Publisher may make changes to the App that are required to maintain conformity with the Agreement, security, compatibility or compliance with applicable law and Google Play rules.
For Digital Supply provided for a fixed period or continuously, a change going beyond what is necessary to maintain conformity may be made only on terms permitted by law, in particular where the Agreement provides a valid reason for the change, the change entails no additional cost to the Consumer, and the Consumer receives the information required by law. If the change materially and adversely affects access or use, the Consumer retains statutory rights, including, where applicable, the right to terminate the Agreement.
The Publisher may temporarily restrict operation of the App where necessary for security, technical maintenance, fault remediation, actions of third parties or legal requirements, while seeking to limit the duration and scope of unavailability.
The Publisher may discontinue further development or distribution of the App for important technical, legal or security reasons or because continued maintenance of the product is permanently uneconomic, subject to obligations arising under mandatory law. Discontinuation of development or distribution does not in itself deprive the User of acquired rights; however, the continuing technical ability to use the App or restore an entitlement may depend on compatibility of the Device, Android, Google Play and other services beyond the Publisher’s control.

§ 14. LIABILITY

The Publisher exercises due care to ensure that the App operates as described and is maintained with due regard to security and compatibility.
Operation of certain functions depends on elements beyond the Publisher’s direct control, including in particular the Device, Android, system applications, the telecommunications operator, Google Play, availability of ML Kit models and other third-party services.
To the extent permitted by law, the Publisher is not liable for irregularities caused exclusively by the User’s incompatible or incorrectly configured environment, lack of required permissions, failure to install a properly provided update, or failure of a third party, insofar as the Publisher is not liable for such failure under applicable law.
Nothing in these Terms excludes or limits the Publisher’s liability or the Consumer’s statutory rights to the extent that such exclusion or limitation is prohibited.

§ 15. PERSONAL DATA AND PRIVACY

The rules governing the processing of personal data in connection with use of the App, including operation of the App on locally stored data and the use of Google ML Kit and Google Play services, are described in the App Privacy Policy.
The rules governing the processing of personal data in connection with use of the Website are described in the Website Privacy Policy.
Before system permissions are granted, the User receives Android prompts and – where required by law or Google Play rules – additional contextual information concerning the purpose of the access.

App Privacy Policy: https://tuhikimi.app/privacy/

Website Privacy Policy: https://tuhikimi.app/privacy_web/

§ 16. GOVERNING LAW AND DISPUTE RESOLUTION

The Agreement and these Terms are governed by Polish law. The choice of Polish law does not deprive a Consumer of protection arising from provisions that cannot be derogated from by agreement and that would apply in the country of the Consumer’s habitual residence.
Disputes between the Publisher and a Consumer, or a User benefiting from consumer protection, are resolved by the court having jurisdiction under mandatory law. In disputes with a User who is neither a Consumer nor a person benefiting from consumer protection, the court having territorial jurisdiction over the Publisher’s address specified in § 2(1) shall have jurisdiction, to the extent that applicable law permits such an agreement on jurisdiction. A Consumer may also use available out-of-court dispute resolution mechanisms in the Consumer’s country where the relevant mechanism applies to a dispute with the Publisher.

§ 17. AMENDMENTS TO THE TERMS AND FINAL PROVISIONS

The Publisher may amend these Terms in the event of changes in applicable law, Google Play rules, the Publisher’s details, the scope or manner of provision of services, security requirements, billing methods or App functionality, provided that the amendment is proportionate to the reason justifying it.
Changes affecting an ongoing paid Agreement are communicated to the User sufficiently in advance and in the manner required by law. An amendment to these Terms does not affect acquired rights or remedies available to the Consumer in connection with an impermissible change to the Digital Supply.
If any provision of these Terms is found to be invalid or ineffective, the remaining provisions remain in force to the extent permitted by law.
These Terms are effective from 6 September 2026.

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