Terms of Service

Last updated: July 11, 2026

1. Definitions

For the purposes of these Terms of Service, the following terms shall have the meanings set out below:

• Service Provider — Krystian Radzikowski, sole proprietor, based in Poland (EU), operating MovieTrak. Contact: support@radzikowskik.pl.
• App / Application — the mobile application "MovieTrak," available for iOS and Android, including all its features, updates, and services.
• User — any natural person who downloads, installs, or uses the App.
• Consumer — a User who is a natural person concluding a contract with the Service Provider for purposes not directly related to their business or professional activity (within the meaning of Article 22¹ of the Polish Civil Code).
• Sole-Trader Consumer (Przedsiębiorca na prawach konsumenta) — a natural person who concludes a contract directly related to their business activity, where the content of such contract indicates that it is not of a professional nature to that person (within the meaning of Article 385⁵ of the Polish Civil Code). Such persons enjoy the same protections as Consumers under these Terms.
• Account — the User's individual account created via Google or Apple sign-in, or an anonymous session.
• Subscription — a paid, auto-renewing plan ("MovieTrak PRO") providing access to premium features.
• User Content — any content posted by Users within the App, including comments, ratings, and reviews.
• Terms — these Terms of Service, constituting a contract between the User and the Service Provider.

2. Acceptance of Terms

By downloading, installing, or using MovieTrak, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the App. These Terms constitute a distance contract within the meaning of the Polish Consumer Rights Act (Ustawa o prawach konsumenta).

3. Description of Service

MovieTrak is a personal TV show and movie tracking application. It allows you to maintain watchlists, rate content, track your viewing history, discover new titles, and interact with other users through comments. The App offers both a free tier (with ads) and a premium subscription (MovieTrak PRO).

MovieTrak PRO includes the following premium features:

• Ad-free experience
• Cloud sync across devices
• Advanced statistics and analytics
• Priority access to new features

4. Technical Requirements

In accordance with the Polish Act on Providing Services by Electronic Means (Ustawa o świadczeniu usług drogą elektroniczną), the following minimum technical requirements are necessary to use the App:

• iOS: iPhone running iOS 16.0 or later
• Android: Device running Android 6.0 (API level 23) or later
• Internet connection: Required for cloud sync, comments, streaming availability data, and subscription management. Core tracking features work offline.
• Storage: Minimum 100 MB of free device storage
• Accounts: A Google or Apple account is required for sign-in (optional — the App can be used without an account with limited features)

5. Eligibility

You must be at least 16 years of age to use MovieTrak. By using the App, you represent and warrant that you meet this age requirement. If you are under 18, you confirm that you have obtained parental or guardian consent.

6. Account Registration

You may sign in using your Google or Apple account. You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Notifying us promptly of any unauthorized use

You may delete your account at any time via Settings → Delete Account. Upon deletion, your account data, cloud-synced data, and comments will be permanently removed.

7. Subscriptions & In-App Purchases

• Billing: Subscriptions are billed through Apple App Store or Google Play Store. Payment is charged to your App Store or Google Play account at confirmation of purchase.
• Auto-Renewal: Your subscription automatically renews unless you cancel at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
• Managing Subscriptions: You can manage or cancel your subscription at any time:
  • iOS: Settings → Apple ID → Subscriptions
  • Android: Google Play Store → Subscriptions
• Refunds: Refund requests are handled by Apple or Google, as applicable, and are subject to their respective refund policies. We do not process refunds directly. Consumer statutory rights remain unaffected.
• Free Trial: If offered, the free trial period will be specified at the time of purchase. Unused portions of a free trial are forfeited upon purchasing a subscription.
• Price Changes: We may change subscription prices. You will be notified at least 30 days in advance. Price changes take effect at the start of the next billing period. If you do not agree to the new price, you may cancel your subscription before the change takes effect.
• Restore Purchases: You can restore previous purchases via Settings → Restore Purchases.

8. Right of Withdrawal (Consumers)

If you are a Consumer or a Sole-Trader Consumer, you have the right to withdraw from the contract within 14 days from the date of its conclusion, without giving any reason, in accordance with the EU Consumer Rights Directive (2011/83/EU) and the Polish Consumer Rights Act.

To exercise the right of withdrawal (where it has not been waived), send a clear statement to:

• 📧 support@radzikowskik.pl

You may use the following template: "I hereby declare that I withdraw from the contract for the MovieTrak PRO subscription concluded on [date]. Name: [your name]. Email: [your email]."

Upon valid withdrawal, we will reimburse all payments received from you no later than 14 days from the day on which we are informed of your decision to withdraw.

9. User Content & Community Guidelines

MovieTrak allows users to post comments on shows. By posting content, you agree to:

• Not post content that is offensive, abusive, hateful, threatening, or harassing
• Not post spam, misleading information, or advertisements
• Not post content that infringes on intellectual property rights
• Not impersonate other users or public figures
• Not post spoilers without proper warnings
• Respect other users and maintain constructive discussions

Moderation: We reserve the right to remove content and take action against accounts that violate these guidelines. Our moderation system includes:

• User Reports: Users can report comments that violate guidelines
• Automated Moderation: Reported content may be reviewed by AI-powered moderation tools (Google Gemini) and profanity filters to detect violations
• Warnings & Bans: Violations may result in warnings. Repeated violations (3 warnings) may lead to a permanent ban
• Appeals: You may contest moderation decisions by contacting support@radzikowskik.pl

You retain ownership of your User Content. By posting content in the App, you grant the Service Provider a non-exclusive, worldwide, royalty-free license to display, distribute, and moderate your content within the App.

10. AI-Powered Features

MovieTrak uses artificial intelligence (Google Gemini) for automated content moderation. Please be aware that:

• AI moderation decisions are automated and may not always be accurate
• The Service Provider is not liable for errors in automated moderation decisions, including incorrectly flagged or missed content
• You may appeal any automated decision by contacting support@radzikowskik.pl
• AI-processed data is handled in accordance with our Privacy Policy

11. Intellectual Property

All content, design, and code within MovieTrak are the intellectual property of the Service Provider. You may not:

• Copy, modify, or distribute the App or its content
• Reverse engineer, decompile, or disassemble the App
• Use the App for any commercial purpose without our consent

12. Third-Party Content

MovieTrak displays content from third-party sources:

• TMDB (The Movie Database) — Movie and TV show metadata, including titles, posters, and descriptions. This product uses the TMDB API but is not endorsed or certified by TMDB.
• JustWatch — Streaming availability information.

We do not own or control third-party content and are not responsible for its accuracy or availability.

13. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that:

• The App will be uninterrupted or error-free
• Defects will be corrected
• The App is free of harmful components
• Third-party data (show information, streaming availability) is accurate or complete

14. Limitation of Liability

To the fullest extent permitted by applicable law, the Service Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

• Your use of or inability to use the App
• Loss of data, including watchlist data
• Unauthorized access to your account
• Any third-party content or services
• Errors in AI-powered moderation decisions
• Subscription billing disputes (which are handled by Apple/Google)

Nothing in these Terms excludes or limits the Service Provider's liability for damages caused intentionally or through gross negligence, or any other liability that cannot be excluded or limited under applicable law.

15. Service Availability & Force Majeure

The Service Provider endeavors to ensure uninterrupted access to the App. However:

• Planned Maintenance: We may temporarily suspend access for maintenance or updates. Where possible, we will notify Users in advance via the App or push notifications.
• Unplanned Outages: Temporary disruptions may occur due to technical issues beyond our control.
• Force Majeure: The Service Provider shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, pandemics, government actions, war, terrorism, power outages, internet or telecommunications failures, cyberattacks, or actions of third-party service providers (including Apple, Google, Firebase, or TMDB).

16. Complaints Procedure

In accordance with Polish law, you have the right to file a complaint (reklamacja) regarding the functioning of the App or the services provided.

How to file a complaint:

• Send an email to support@radzikowskik.pl

Your complaint should include:

1. Your name (or username) and email address
2. A description of the issue or defect
3. The date the issue occurred
4. Your expected resolution

Resolution timeline:

• We will acknowledge receipt of your complaint within 3 business days.
• We will resolve your complaint within 14 days from the date of receipt. If we are unable to resolve within this period, we will inform you of the reason for the delay and the expected resolution date.
• If the complaint concerns a Subscription, you may also contact Apple or Google through their respective support channels.

17. Account Deletion

You may delete your account at any time through Settings → Delete Account. Account deletion will:

• Permanently delete your authentication credentials
• Remove all cloud-synced data from our servers
• Delete all comments you have posted
• Clear local app data from your device
• Cancel any active subscription (you must separately cancel via App Store/Google Play to stop billing)

18. Termination

We reserve the right to suspend or terminate your access to the App if you violate these Terms or our Community Guidelines. Before termination, we will:

• Notify you of the violation (except in cases of severe abuse)
• Provide an opportunity to remedy the violation where reasonable

Upon termination, your right to use the App ceases immediately. Termination does not affect your statutory rights as a Consumer.

19. Changes to Terms

We reserve the right to modify these Terms. In case of material changes:

• We will notify you at least 14 days in advance via the App or email
• You will have the right to terminate the contract before the changes take effect
• Continued use of the App after the effective date of changes constitutes acceptance of the new Terms

20. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Poland and the European Union.

• For Consumers: Disputes shall be resolved by the court having jurisdiction over the Consumer's place of residence, in accordance with applicable EU regulations. Mandatory consumer protection provisions of the Consumer's country of habitual residence shall apply.
• For Business Users: Disputes shall be resolved by the competent court in Poland (seat of the Service Provider).

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

22. Contact